SDAP Appellate Seminar May 30

The SDAP Appellate Seminar will be by Zoom on May 30 from 9 am to 1:15 p.m. Justice Bromberg will speak. There will be four hours of MCLE credits, including two hours in implicit bias.

The seminar is free of charge to all SDAP panel attorneys and will be held via Zoom. Advance registration is required. This can be done via the links provided in a SDAP panel alert. All attendees will be emailed the written materials in advance of the seminar. All articles will later be posted on the SDAP website.

SDAP has been approved by the California State Bar as an MCLE Multiple Activity Provider. This seminar series is approved for 4.0 hours of General MCLE credit, including 2.0 hours in implicit bias. SDAP certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

Schedule

9:00 – 10:00 a.m. RACIAL BIAS IN JURY SELECTION: CASE UPDATES AND PRACTICE TIPS by Staff Attorney Mi Kim and San Francisco Deputy Public Defender Sujung Kim. A discussion on the “Better-than-Batson law” and how to effectively present the claim on appeal.

10:00 – 11:00 a.m. SDAP PANEL WINS by Staff Attorney Randall Conner. Lessons to be learned from some of the more notable victories by SDAP panel attorneys.

11:05 a.m. – 12:05 p.m. RJA ON APPEAL: RECOGNIZING AND CHALLENGING IMPLICIT BIAS by Santa Clara County Deputy Public Defender Karina Alvarez and Staff Attorney Anna Stuart. In this two-part presentation, Ms. Alvarez will first be speaking about recognizing implicit bias in appellate records, and then we will be speaking to the practicalities of raising related claims under the RJA on direct appeal.

12:05 – 1:05 p.m. A VIEW FROM THE BENCH by Justice Daniel H. Bromberg. Learn more about Justice Bromberg, the newest justice to join the Sixth District Court of Appeal.

1:05 – 1:15 p.m. PRESENTATION OF THE GERALD Z. MARER AWARD FOR PANEL EXCELLENCE

About the Presenters

JUSTICE DANIEL H. BROMBERG served as a Deputy Secretary for Legal Affairs in the Governor’s Office from 2019 to 2021, where he supervised lawyers in the California Environmental Protection Agency, Natural Resource Agency, Department of Transportation, and Department of Food and Agriculture. During this period, Justice Bromberg also supervised litigation concerning, among other things, the border wall and COVID-19 restrictions.

Both before and after serving in the Governor’s Office, Justice Bromberg was in private practice. He began his career as an associate at Cahill Gordon & Reindel in New York, working primarily on First Amendment matters. He subsequently joined JonesDay in Washington, D.C., where he became a partner in the appellate practice. In 2005, he moved to California to join Quinn Emanuel Urquhart & Sullivan, where he helped found the appellate practice group and remained until joining the Governor’s Office. After leaving the Governor’s Office, Justice Bromberg joined Pillsbury Winthrop Shaw Pittman in San Francisco as the head of the firm’s appellate practice.

Justice Bromberg graduated summa cum laude with a B.A. in history from Yale University and magna cum laude with a J.D. from Harvard Law School, where he was a member of the Law Review. He clerked for the Honorable Louis F. Oberdorfer on the United States District Court for the District of Columbia Circuit and then for the Honorable A. Raymond Randolph on the United States Court of Appeals for the District of Columbia Circuit.

KARINA ALVAREZ is the Racial Justice Attorney for the Santa Clara County Public Defender’s Office. She graduated from the University of California, Santa Barbara and Golden Gate University, School of Law. Karina was born in Santiago, Chile and is bilingual in English and Spanish. She has been litigating RJA motions since January 2021 when she filed one of the first Racial Justice Act motions in the county, resulting in a favorable outcome for her client. She has been a public defender for nine years. She serves on the DEIB (Diversity, Equity, Inclusion, Belonging) committee and enjoys mentoring new attorneys. She regularly conducts internal and external trainings and has presented at multiple conferences throughout the state. Karina was recently awarded the 2024 Skip Glenn Award for Excellence in Advocacy by the California Attorneys for Criminal Justice (CACJ).

RANDALL CONNER graduated from the University of San Francisco School of Law in 1995. After stops at the Federal Trade Commission, Brobeck, Phleger & Harrison, Morgan Lewis and the U.S. Department of Justice, he worked as a solo criminal defense practitioner and served as a member of the FDAP, SDAP, CAP-LA, ADI and CCAP appellate attorney panels. He became a SDAP staff attorney in July 2023.

MI KIM graduated from University of Miami School of Law in 2003. Before joining SDAP in July 2024, Mi served as a member of ADI, CAP-LA, CCAP, FDAP, and SDAP panels. Her published decisions include People v. Codinha (2023) 92 Cal.App.5th 976 and she has two cases pending before the California Supreme Court in People v. Dain (S283924) and People v. Hughey (S287455). She is a co-chair of the Pacific Juvenile Defender Center’s Amicus and Litigation Committee.

SUJUNG KIM immigrated with her family from South Korea to the U.S. at age 7. Sujung grew up primarily in New York City and graduated from Barnard College and the University of San Francisco School of Law. Sujung began her public defender career in 1995 at the San Diego County Public Defender’s Office where she tried over 25 misdemeanor cases in 2 years. In 1997, Sujung joined the San Francisco Public Defender’s Office, where she has tried over 50 misdemeanor, felony and juvenile cases and handled numerous writs and appeals. In 2019, she joined the office’s Research team which she currently manages.

Sujung has been leading her office’s efforts to implement the Better-than-Batson law (CCP 231.7) and the Racial Justice Act. Working with Prof. Elisabeth Semel, Sujung authored an amicus letter in support of the petition for review People v. Ortiz (2023) 96 Cal.App.5th 768, one of the first appellate court opinions to address CCP 231.7.Sujung authored a letter successfully opposing the Santa Barbara District Attorney’s request to de-publish a favorable CCP 231.7 decision by the Court of Appeal in People v. Uriostegui (2024) 101 Cal.App.5th 271. Sujung has conducted trainings to trial attorneys in her office on how to litigate CCP 231.7 during jury selection.

Sujung is a member of the Amicus Committee of the California Public Defender’s Association and Public Defenders for Racial Justice.

ANNA L. STUART graduated from the Monterey College of Law in 2015. Prior to attending law school, she worked as a financial analyst for 10 years. After a brief stint as a panel attorney and as a supervisor with the San Jose State University Record Clearance Project, Anna joined the SDAP staff in October 2016. Among her appellate successes is People v. Christian (H044243), where the court reversed her client’s 25 year to life sentence after finding trial counsel ineffective for failing to object to judicial misconduct.

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