Judge Michael M. Sweet: From Yolo to Sacramento County

By John Bachman

Michael W. Sweet may be a new Sacramento County Superior Court Judge, but he is far from its most inexperienced jurist.

For seven years, Sweet served as a Yolo County Superior Court Judge. Late last year, Gov. Arnold Schwarzenegger appointed him to the Sacramento Superior Court.

For Sweet, it means leaving Yolo County's smaller, more closely-knit legal community for a chance to handle a greater diversity of challenges in Sacramento County's larger court. He said he had "mixed feelings" about the move. But in the end, the opportunity to work in a bigger court "was just too good to pass up." Because Sweet lives in Sacramento County, it also means a shorter commute to work.

While Yolo County may be a smaller court, with a dozen judges and commissioners as opposed to Sacramento's 80, it is far from slow. Prior to serving as a trial judge, he was assigned a preliminary hearing calendar. Thousands of matters would cross his desk in a given year. In that calendar, it was not unusual to impose a couple of dozen sentences in a given week. Sweet also has handled a variety of family and juvenile law matters.

He has presided over more than 100 jury trials, including some of Yolo County's most high profile criminal cases. Among his trials was a California Highway Patrol officer accused but acquitted of rape and a Woodland elementary school teacher accused of sexual crimes against his students. He also presided over the competency jury trial and sentencing hearing for the former UC Davis Medical Center autopsy assistant found competent and later convicted of stealing human remains. A mother accused of helping her teenage daughter cover up a fatal hit-and-run was also tried in his courtroom. She was convicted and Sweet sentenced her to three years in state prison.

In addition, Sweet became the trial judge for all sexually violent predator cases and has presided over approximately eight homicide cases, four including special circumstance allegations. He was also the assigned judge in three pending capital cases.

Sweet was elected as Presiding Judge in 2002-2003 and was the presiding judge of the trial departments from 2002 until he left the county. In that capacity, he assigned trials to various departments, including his own and presided over a law and motion calendar for all felony cases pending trial. "It was an extremely busy department, said the judge. "I was responsible for ruling on every conceivable pre-trial motion, including the usual 995s, 1538.5s after evidentiary hearings, motions to quash or traverse search warrants, and the like. I very much enjoyed the challenge of that calendar although it frequently meant working on the weekend."

As a judge, Sweet garnered a reputation as a bit of a traditionalist. "I like a little formality in the courtroom," he said. "It is a serious place where important issues are decided." Among attorneys who practiced before him, he earned a reputation as being thorough, fair, well prepared and possessing an excellent courtroom demeanor. He attempts to accord everyone a measure of respect and on numerous occasions has been thanked by defendants after they have received a state prison sentence.

A Gold River resident, Sweet was appointed to the Yolo County Superior Court in 1998 by then out-going Gov. Pete Wilson. State law does not require judges to live in the county where they serve. He had previously served as Deputy Legislative Secretary in the Office of the Governor from 1996 to 1998. In that capacity, he handled legislation in numerous areas including corrections, crime, labor issues, gambling, family law, discrimination, victims' issues, retirement, elections and the courts.

Prior to that, he was Deputy Secretary for Legislation and Legal Counsel at the Youth and Correctional Agency from 1995 to 1996. It was in that position that he witnessed the first lethal injection execution in California. Before that he was appointed by the Governor as the Executive Officer of the Youthful Offender Parole Board, the paroling authority for youth offenders committed to the California Youth Authority. Previously, he served as the Executive Director of the California District Attorneys Association and Chief of the Fair Political Practices Commission Enforcement Division. Prior to state service, Sweet served as a deputy district attorney for approximately eight years in Sacramento, Placer and Stanislaus Counties.

One highlight of his career, Sweet said, was working for Governor Wilson and shepherding his 1994 anti-crime package through the Legislature. "That experience was extremely rewarding because I was able to contribute to the enactment of new laws that made a significant difference."

Sweet very much enjoys the job as judge. "It is a tremendous responsibility because we can have such an impact on people's lives. As such, every decision should be well thought out, having in mind the facts of the case, the law and the interests of justice.

March / April 2006