Callahan Brings Energy, Compassion to Ninth Circuit Bench
By John Bachman
Photo by Sirlin Photography

Among the array of diverse awards and diplomas that have graced the walls of Judge Connie Callahan's various offices as she rose up the judicial ranks is a graduation diploma from a drug diversion program.

The diploma was earned by a criminal defendant sentenced when Callahan was a San Joaquin County judge. Callahan, 53, had not only sent the defendant to the program, but Callahan offered continued encouragement and support to the defendant. In thanks, the defendant had presented the diploma to the judge.

Unique as that was, the judge continued to offer her support throughout the subsequent years in an effort to keep the defendant from reverting to her troubled ways. Such stories of compassion and energy are repeated throughout various communities, from legal to educational, from her hometown of Stockton to Sacramento, where she recently became arguably the highest-ranking judge housed here. On May 22, the U.S. Senate unanimously confirmed President George W. Bush's selection of Callahan, most recently an Associate Justice of the California Court of Appeal, for a seat on the U.S. Ninth Circuit Court of Appeals.

Callahan's office phone rings frequently, with friends, colleagues and former employees seeking a wise and compassionate ear for from life-changing questions ("Do you think I should get married?"), to professional development ("Do you think that law firm will be right for me?") to community participation ("Does Tuesday, the eighth, work for the Inns of Court meeting?").

"Anytime any of us have a problem, we call Connie," said former extern Tamara Morgan. "Years later, many of us rely on Connie for her help and support. We call her first whenever something bad or good happens or just to ask her for advice about something we are considering. It is amazing how she keeps in contact with us."

Many who have gotten to know Callahan tell how a professional relationship quickly became a personal friendship. Anecdotes abound of Callahan's sense of fun, from dressing as Marilyn Monroe for a masquerade event to breaking out into a tap dance routine (a hobby) at an Inns of Court meeting.

"She is a very interesting person, with a great sense of fun, energy and liveliness" said McGeorge School of Law Dean Elizabeth Rindskopf Parker, who formerly served at general counsel to the CIA and National Security Agency. "She is a powerhouse in terms of the impact she has made. She is just everywhere. I do not know how she does it. She is a fabulous person who has become a friend."

Colleagues who describe Callahan's fun side are quick to add she can be serious with a strong, principled intellectual capacity. She can run an efficient and effective meeting, and speakers who run long face quips about their time keeping ability.

For former colleagues on the state Court of Appeal, she will be missed for not only her friendship, but also her judicial acumen and leadership.

"She is a presiding justice's dream," said Arthur Scotland, presiding justice of the Third District Court of Appeal. "She has all the qualities that make a great judge. She has the intellectual capacity and common sense. She is down to earth. She works well with colleagues and contributes to the various programs the court sponsors."

For instance, Callahan strongly supported the court's outreach program in which judges hear cases in outlying counties. Cases are heard in high schools, and include an opportunity for judges to meet with and take questions from students about the legal process.

"She has a wonderful sense of humor," Scotland added. "She does not take herself too seriously. She will bring needed common sense to the Ninth Circuit."

And while the judge's warm and engaging personality are evident, articles and stories about the judge often use words like pioneer and trendsetter to describe the judge. The list of firsts is long and includes:

• The first member of the San Joaquin judiciary to serve on the Ninth Circuit.
• First woman appointed to San Joaquin Superior Court.
• First Latina appointed to San Joaquin Superior Court.
• First San Joaquin County resident in 73 years to serve as an appellate judge.

Callahan spent a portion of the summer of 2003 at the University of Virginia's master's program in the judicial process, evidence of a commitment to a life of learning.

"I do not have to," she said, "but it will make me a better judge. I want to be the best judge I can possibly be. This takes you to another level. You can sit back and think about what you are doing. You rarely have a block of time to study what you are doing."

She attributes that yearning to continue to learn to her father, a high school Spanish teacher, who returned to college at Stanford when she was in fifth grade to obtain a master's and doctorate. A native of Stockton, Callahan decided she also wanted to attend Stanford, where she received an undergraduate degree in English in 1972. She attended McGeorge School of Law, graduating in1975. Becoming a lawyer for her was a chance to directly assist people.

"I saw it as a vehicle where I could make a difference," she said.

She worked as a law clerk in the public defender's office and as a deputy city attorney before spending 10 years as a San Joaquin County Deputy District Attorney.

"I loved being an advocate," she said. "I loved representing all of the people of the state of California, following the law and the rule of law."

Callahan enjoyed going to court where she could see the faces of the people she was helping. It also helps her at the appellate court since she spent so many years making that record the appellate court uses as its foundation.

"The cases are not just pieces of paper," she said. "I spent a lot of time looking at the faces of the defendants and victims. I think I have a good understanding that these are real people who are affected by our decisions. I really know what goes on at trial and why people have done what they have done and feel I can be appropriately deferential to the trier of fact."

Callahan worked as a San Joaquin County Municipal Court commissioner from 1986 to 1992 and was appointed to the San Joaquin Superior Court in 1992 by then Governor Pete Wilson. In 1996, Wilson elevated her to the state Third District Court of Appeal.

"I gain a lot of satisfaction out of seeing the system work," she said. "I do not think that the system is perfect, but it is the best one. It is especially good if the attorneys are good."

Her advice to attorneys appearing in the appellate court mirrors what other judges have stated: preparation, preparation, preparation. She added good lawyers deal with "all of the evidence and case law, both favorable and unfavorable, and be accurate in how they state the facts with advocacy in between."

She said during oral argument she strives hard to elicit information from attorneys. "A good judge makes it look a lot easier than it is," she said. "It is more difficult than you think and there is a learning curve."

At trial level, it is important for attorneys to "not lose sight of the ball. Try your case and make a good record knowing that the case will probably be appealed."

As with a lot of aspects of a career (and life for that matter), people need to remember that infallibility is impossible. While attorneys need to take steps to minimize them, "when you make a mistake, straighten it out."

Callahan, the mother of a grown son and daughter, continues to live in Stockton. It is also important from her prospective to contribute to community organizations or programs, in part so outsiders gain an understanding of the legal system.

"I try to stay involved in the community so people know and understand what we do," she said.