Attorney at Law Magazine interviewed former judge James Crandall after his move to Judicate West. Judge Crandall is a veteran judge with over 50 years’ experience. He spent ten years on the Orange County Superior Court. He is known for his excellence and integrity. He has tried 164 trials to verdict.
AALM How did you start your career as a lawyer?
I was watching the civil rights movement in high school and during college and realized that the courts and lawyers ensured equality and fairness for all. I began to question the rules that were imposed at school and home. My father and football coach both suggested I become an attorney. I was hired by a litigation company during law school. I enjoyed the competitive nature of litigation. I was a lawyer for a while before becoming a judge. I find that I most enjoy bringing people’s disputes to a conclusion.
AALM What qualities do you think are necessary for a judge to be successful? How can you cultivate these qualities in yourself personally?
JC : The qualities that make a judge successful are humility, impartiality, and mercy.
You must be humble because you have to realize that you can’t make or change laws. That is the job of the legislator. Humility will also help the parties to feel comfortable and respected in your court.
The Statue of Justice’s blindfold symbolizes the idea that a judge must be impartial when applying the law. My courtroom’s largest verdict was against an attorney who had been a colleague in my firm for 25 years and a close friend.
Mercy is important because a judge has to recognize that parties and attorneys are human beings who make mistakes and need a break sometimes. While I was on a criminal case, I dealt with a young woman who had violated her probation. She faced six months in prison. I suspended her six-month sentence on condition that she completed a semester at a community college. Every semester I suspended her punishment if she finished a semester at school. When I transferred to the civil courtroom she had completed three semesters with a GPA of 3.42. She was also awarded the Most Improved Student Award in her debate class. I applied a similar strategy to nine other probation violators when I was in criminal court. It’s not only the parties in the case who need mercy. Lawyers may have missed a deadline, or require a continuance to take a vacation with their family. When making decisions about procedural matters, judges must also keep in mind the human aspect of the practice.
AALM Could you describe an important or interesting case that you presided over, and explain why you thought it was so?
JC ______ ______ One of my more interesting cases involved a dispute involving the board of educators and the superintendent for public instruction. According to the Education Code they are supposed be partners in the running of the school district. They were unable to work together because of the conflict caused by their dispute. I suggested that we work together to reach a settlement throughout the long trial rather than me making a decision that would be appealed by the losing party. The lawyers had expected that I would submit the case at the end of the trial. The lawyers asked me, when I said I was prepared to announce my verdict from the bench that I would give them another chance to come to an agreement. I gave them a day. They told me the next morning that they had resolved the case. The dispute was now resolved. It could have continued for a few more years.
AALM :What advice do you have for young law students and aspiring judges just beginning their careers?
JC : My best advice for the new lawyers that came to work in my firm, was to read Abraham Lincoln’s address in 1860 to newly admitted members of Illinois State Bar. It is still the best advice for a new lawyer or law student 163 years after Lincoln’s speech.
He told new lawyers that they should respond to all correspondence promptly, research the law prior to filing a complaint, encourage their friends and neighbors and not settle disputes with them; be honest and fair in everything you do; drive dishonest attorneys out of the profession. Google “Notes On The Practice Of Law, Abraham Lincoln” to learn how to practice law in a nutshell.
AALM What are the greatest challenges that the judiciary faces today, and how has the legal profession evolved over your career?
JC I cannot speak for all legal areas, but I can tell you that litigation has become more document-intensive and more dependent on expert witnesses. The client pays more. The legislature and lawyers should work together to come up with innovative ideas that will streamline the process.
I am pleased that civility and professionalism are still being stressed. In 1970, when I was working as a law assistant for a partner who was trying a highly visible product liability case, he asked me to take a document to the restaurant where he had lunch. I was surprised when I saw him eating with his opposing counsel. I hope that the collegiality continues. The American Board of Trial Advocates actively encourages collegiality among opposing counsel. Our California Bar Association has recently added to its oath a section that requires all attorneys to be professional and civil in their dealings with opposing lawyers.
There are two main challenges that the judiciary faces today:
California’s Governor has failed to fill vacant judicial positions, which has put a heavy burden on counties in the state who are struggling to bring cases to court. This is a problem for both litigants and lawyers. But it’s also a major issue in terms of access to justice.
Second, judges will have to deal with a new evidentiary problem: how to manage the evidence generated by artificial intelligent (AI). AI-generated evidence will present some important issues in terms of authentication, foundation, and admissibility. The legal profession is energized by these new challenges. Every day brings new challenges.
AALM Which of your judging achievements do you think is the most significant?
JCI wish to have had a positive influence on the lives and futures of young probation violators whom I encouraged to attend college as well as other young people who I gave another chance to make their lives right.
It has also been rewarding to hear people say that they left my court feeling that I listened and heard them, as well as that they had their day in court. Although we can’t promise a positive outcome for any litigant or client, they are satisfied when they feel they were given a fair chance to present their case. The fact that my lawyers are respected in court is also reflected by awards such as the ABOTA Judicial Civility Award and the Orange County Trial Lawyers Association Judicial Excellence Award.
AALMOutside your professional life, which of your hobbies and interests help you relax and maintain a work-life balance are yours?
JC :I’ve tried to maintain a work-life balance through track and field competitions, flying, attending the events of our grandchildren, and gardening.
Since 1993, I’ve competed at Masters track meets for the 50, 100, and 200 meter dashes. Training and competition encourage us to give our best in everything we do. This spills over to other areas of life.
It is important to continue learning while flying. I have logged more than 2,000 flight hours in my Cessna 182 and Beechcraft Bonanza. Recently, my wife and I crossed off a bucket list item by flying from Bar Harbor to Maine and back. There are more adventures planned.
Our grandchildren have also grown up and we’ve enjoyed that. We are always attending a recital or a baseball, football, or soccer game. One of our grandson just graduated from Columbia Law School.
My time spent in the garden has always helped me to relieve stress and pressure from my legal practice and judicial duties. We are lucky to have an organic vegetable and rose garden as well as a variety of geraniums and fruit trees. This allows us to enjoy nature and exercise our artistic side while enjoying the beauty. The quiet of the garden provides a welcome respite from the noisy courtroom.
The post Former judge James Crandall – Notes on Judiciary first appeared on Lawyer at Law Magazine.