In
one sense, Judge John Winn’s
career has come full circle.
Early in his career, Winn put criminals in prison as a
deputy district attorney in Yolo and Sacramento Counties.
He next served as a senior staff counsel for the California
Department of Corrections. At the time of his appointment
to the
Sacramento Superior Court last December, Winn was chief counsel
to the Board of Prison Terms, the board charged with determining
whether convicts get out of prison on parole.
Today,
Winn has returned to what could be described as the
“intake” side of the criminal justice system. Assigned
to
Department 2 of the Superior Court, Winn spends the majority
of
his week presiding over a calendar of misdemeanor arraignments,
most of them involving charges of driving under the influence.
When asked in an interview about the path of his career,
Winn said that he sought judicial appointment because it “seemed
like the next logical step” in his public service
career.
Such an understated description of his decision to become
a
judge reveals a bit about Winn. He doesn’t say that
he became a
judge because he thought he’d make a fine judge or
that he’d run
out of goals to achieve as a lawyer. Superior Court Judge
Pamela
Smith-Steward, who was Winn’s boss at Corrections,
describes
him as a “self-effacing and humble.”
But
Smith-Steward said that Winn’s unassuming nature
“masks a keen intellect and a razor-sharp wit. ”Smith-Steward,
who served as Chief of the Civil Division of the Attorney
General’s
Office prior to her appointment in 2002, calls Winn “definitely
one of the most intelligent attorneys I had the good
fortune to
work with.”
Smith-Steward’s
assessment is echoed by Deputy Attorney
General David Verhey, who worked with Winn when Winn
was at
Corrections and also later at the Board of Prison Terms.
He recalls
that Winn researched issues deeply and produced scholarly
memos on difficult subjects. “He’s got a practical
side and also has
a scholarly side,” Verhey said.
On a personal
level, Verhey said, Winn “has got a great
sense
of humor. He’s very personable and very approachable.”
Winn said his time at the Board of Prison Terms was his
career
highlight prior to becoming a judge. As the entity responsible
for
parole decisions, the board was under a lot of pressure
from different
entities, including the Legislature, over parole policy.
As
chief counsel, Winn managed the board’s legal unit
and provided
legal support and guidance to the board’s chairperson
and agency
staff on matters related to parole revocation hearings,
mentally
disordered sex offender hearings, and probable cause
hearings for
sexually violent predators. He also served as liaison
to the
Governor’s Office and provided direction to the Attorney
General’s
Office in litigation involving the board.
Winn said he
enjoyed working at the board. “It’s
one of the
few jobs in public service as an attorney where there
are a lot of
constitutional issues involved.”
Several high-profile
lawsuits challenging to Governor Davis’
parole policies were brought during Winn’s tenure.
In one of
them, In re Rosenkrantz, the plaintiff alleged that the
Governor had
a blanket policy of denying parole to murderers. In December
2002, the California Supreme Court declared that the
Governor
did not have such a blanket policy. In reaching this
conclusion,
the Court also established that courts are required to
uphold
gubernatorial parole decisions against challenge if “some
evidence”
exists to support them. The case was widely viewed as
a
significant victory for the Governor and the board.
Born in New Hampshire, Winn grew up near Boston in a
family
with four brothers. He earned a bachelor of arts degree
from
the University of Massachusetts, where he was a member
of Phi
Beta Kappa, and a juris doctorate degree from Boston
College of
Law, where he was a Presidential Scholarship recipient.
Winn was drawn to Sacramento by family connections.
During school, he and his brothers would come to Sacramento
in
the summers to work with their uncles Lou and Chris Bardis
in
their real estate development business. After law school,
Winn
began working in Lou Bardis’ law office while his
brothers went
into homebuilding, founding Winncrest Homes, now a subsidiary
of Lennar Communities.
Winn worked as a deputy district attorney for Sacramento
County from 1988 to 1990 and in the same position in
Yolo
County from 1990 to 1993. From 1993 to 2000, Winn served
as
a senior staff counsel for the Department of Corrections,
a position
in which he provided advice to the department and represented
it in judicial and administrative hearings. Winn left
Corrections in 2000 to join the Board of Prison Terms.
In his current assignment, Winn handles the arraignment
of
up to 60 defendants on a typical calendar, including
many defendants
who lack counsel. Although it may sound like the kind
of
assignment that is given to a rookie judge as an exercise
in paying
his dues, Winn said it has been a good assignment.
“It’s
been good because it teaches you how to manage a calendar
and to give people a fair shake and an opportunity to
be
heard,” Judge Winn said. “The other good
thing about it is there
are quite a few people who represent themselves and there
are
always issues to be careful of with those types of folks,
to make
sure they have had a meaningful opportunity to be heard.”
Governor Davis appointed Winn to the Superior Court on
the
same day that he also appointed Judge Shelleyanne Chang
and
Judge Michael Kenny to the bench. Winn is the junior
judge of
the three because he was sworn in last, on January
24, 2003. |