Michael
Kenny has been a prosecutor, a civil litigator, a
government attorney overseeing elections practices
and the head of a state agency with a $250 million
annual budget. Many attorneys might dream of having just
one of
these jobs, and Kenny acknowledges that his career has been
one
with few disappointments.
“I’ve
been very fortunate,” he said. “I’ve
had some absolutely
great jobs. ”But perhaps none of those will compare
to Kenny’s latest
challenge: serving on the bench of the Sacramento County
Superior Court. Judge Kenny was sworn in on January 23,
2003,
following an appointment by Gov. Gray Davis last December.
Before taking
the bench, Judge Kenny was most recently the
executive officer of the California Air Resources Board,
the state
agency charged with monitoring and combating pollution.
But the
judge is no stranger to the courtroom, having started his
career as
a litigator at the Sacramento firm of James & Kilpatrick and worked
for five years as a deputy district attorney in San Joaquin
Country.
Judge Kenny went on to work for the California Fair Political
Practices Commission, where helped enforce campaign rules
and
conflict of interest laws. The judge served as general
counsel to the
Air Resources Board from 1990 through 1996, when the board
selected him to become its executive officer.
Working at
the environmental agency was a sort of dream come
true for Judge Kenny, who became an attorney with plans
to practice
environmental law but found the market for environmental
lawyers to be disappointingly limited when he graduated
from the
University of San Diego Law School in 1980. Kenny oversaw
an
agency with a staff of more than 1,000 and a budget that
rose from
$120 million to $250 million during his tenure. Much of
Kenny’s
time was occupied with giving speeches and attending meetings
in
other states and countries, sharing the California Air
Resources
Board expertise on environmental issues with its counterpart
agencies
elsewhere. Even the federal Environmental Protection Agency
often follows California lead on air quality issues, reflecting
the
advanced nature of the state programs. Those who worked
with
Judge Kenny during his tenure at the Air Resources Board
have
tremendous praise for his leadership.
“I
cannot speak highly enough of Mike in both his professional
and personal capacities,” said Alan Lloyd, the chairman
of the
California Air Resources Board. “I think he will
be a wonderful
judge.” Lloyd calls Judge Kenny departure “a
tremendous loss for
us at the Air Resources Board,” describing the judge’s
tenure at the
agency as a period of continued push for improved air quality.
He
said Judge Kenny was an administrator with keen strategic
insights, adding that one of the judge most notable qualities
as a
leader is the generosity he displays with his time.
Though Judge
Kenny appeared in court infrequently during his time
at the Air Resources Board, his career has now
come fullcircle
with his return to the courtroom. “I shifted from a
heavy lit-
igation effort early in my career to a policy effort later
in my
career,” the judge noted. “I’ve been very lucky in the sense
that I’ve
had the opportunity to a wide variety of things. That varied background
as a litigator and administrator helps immensely now that
Judge Kenny is on the bench in Sacramento.
After
serving on the Superior Court for nearly a year, Judge
Kenny is enjoying his new role. “It’s a great
job in the sense that you get a different slice of life
on a regular basis,” Kenny said. “You
are always doing something new. There always a new issue
that
comes up. I think that what makes the job challenging and
fun. ”Presiding over Department 30, a general trial
court, Judge Kenny
is primarily handling misdemeanor and felony cases, with
only a
small number of civil cases on his docket.
However, in only a short time on the bench, the judge
has
already gotten to see his fair share of excitement in the
courtroom.
In one trial the prosecutor asked a witness on the stand
to identify
the perpetrator of a crime, only to watch as the witness
confidently
pointed to a juror instead of the defendant. In a pretrial
hearing for another case, the judge had what he described
as a
true Perry Mason moment, when a witness changed her story
under questioning from a defense attorney, agreeing that
the
defendant was not the man who snatched her purse after
all, when
she was shown a photo of another individual.
In less dramatic proceedings before him, though, Judge
Kenny
has been impressed with the quality of lawyering he has
seen from
the bench. Like most judges, he says, he dislikes attorneys
who
show up in court unprepared to argue the law or who are
discourteous
to opposing counsel. However, the judge says that he
has encountered few lawyers with either of those qualities
in his
time on the court so far.
Of all the
jobs he has had in the law, Judge Kenny’s work as a
prosecutor clearly holds a special place in his mind. He
advises
law students to get litigation practice early in their
careers by
working as a prosecutor or public defender for at least
a few years,
even if they don’t plan to be litigators. “You learn a lot about
yourself
and you learn a lot about people, the judge said. “My experience
as a [deputy district attorney] has helped me in every other
job I’ve ever had.”
The judge still
recalls his first day as a prosecutor: An hour
after arriving at the DA’s office, someone handed him a file and
said, “You’ve got on OSC in Department 3.” The judge’s
first
thought was, “What’s an OSC?” “It was harrowing that
way,” he
said of the learning curve of a prosecutor, “but boy, do you learn
in a hurry.”
As a young
prosecutor, Michael Kenny certainly did learn in
a hurry. But now those appearing before him in Superior
Court
get the benefit of Judge Kenny’s extensive knowledge
gathered hurriedly and otherwise in more than two decades
of varied
legal practice. |