About The Sixth District Appellate Program
Beginnings
In 1985, California Rules of Court, rule 76.5 (now rule 8.300) was promulgated. Rule 8.300 authorizes an appellate court to contract with an administrator for the purpose of assigning and evaluating appointed counsel in indigent appeals. Pursuant to rule 8.300, the Judicial Council enters yearly contracts with the administrators chosen to work with the various appellate courts.
The appointed counsel program was established in the Sixth District shortly after the court’s inception in November, 1984. The first administrator was the Santa Clara County Conflicts Administration Program, directed by Phillip Pennypacker. The Appellate Division of Conflicts Administration Program began in April, 1985, staffed by attorneys Michael Kresser, Deanna Lamb, and Manuel Baglanis. In March, 1986, Dallas Sacher joined the staff.
The appointed counsel program was established in the Sixth District shortly after the court’s inception in November, 1984. The first administrator was the Santa Clara County Conflicts Administration Program, directed by Phillip Pennypacker. The Appellate Division of Conflicts Administration Program began in April, 1985, staffed by attorneys Michael Kresser, Deanna Lamb, and Manuel Baglanis. In March, 1986, Dallas Sacher joined the staff.
Effective July 1, 1988, a new nonprofit corporation, the Sixth District Appellate Program (SDAP) with Michael Kresser as executive director, took over the contract for the Sixth District. The staff of Conflicts Appellate Division became employees of SDAP.
SDAP is governed by a seven person Board of Directors whose members are selected in consultation with the four county bar associations in the Sixth District: Monterey, San Benito, Santa Clara and Santa Cruz. From 1988 to 1998, appellate specialist Gerald Z. Marer of Palo Alto was the Chair of the Board. Michele Vague of Santa Cruz, an original member of the Board, assumed the Chair following Mr. Marer’s retirement, and served as Chair until May 2007. Russell Hanlon, a civil appellate specialist in San Jose, succceeded her as Chair until 2015. Former Executive Director Michael Kresser was elected Chair in 2015. Professor Ed Steinman of Santa Clara Law School is Chief Financial Officer. Rickey Green, an attorney who concentrates in corporate and tax law, is Secretary. Other board members are Wendy Kim of Santa Clara, Juliet Peck of Salinas, Stephen LaBerge of Santa Cruz, and Joel Franklin of Monterey County. Professor Gerald Uelmen of the Santa Clara School of Law was Chief Financial Officer from 1988 to 2006 when he resigned upon becoming Executive Director of the California Commission on the Fair Adminstration of Justice.
SDAP’s attitude toward the representation of indigents is that expressed in Von Moltke v. Gillies (1948) 332 U.S. 708:
“Undivided allegiance and faithful, devoted service to a client are prized traditions of the American lawyer. It is this kind of service for which the Sixth Amendment makes provision. And nowhere is this service deemed more honorable than in case of appointment to represent an accused too poor to hire a lawyer, even though the accused may be a member of an unpopular or hated group, or may be charged with an offense which is peculiarly abhorrent.” (Id., at pp. 725-726, fn. omitted.)
JONATHAN GROSSMAN became Executive Director in July 2024. Jonathan worked as a Deputy Public Defender in San Joaquin County and joined SDAP in 1999. His cases that have led to published decisions include People v. Rivera (2015) 233 Cal.App.4th 1085, People v. Crandell (2007) 40 Cal.4th 1301, and Juan H. v. Allen (9th Cir. 2005) 408 F.3d 1262. He is on the board of directors of the Pacific Juvenile Defender Center and is a co-chair of its Amicus and Litigation Committee. He is also a member of the Appellate Advisory Committee, which recommends to the Judicial Council changes in the rules of court concerning appeals. He updates four chapters in CEB books: “Writs in California State Courts,” “Felony Appeals,” and “Juvenile Delinquency Proceedings” in California Criminal Law Procedure and Practice, as well as “Federal Habeas Corpus: Overview” in Appeals and Writs in Criminal Cases. He is a graduate of the University of California College of the Law, San Francisco (formerly known as Hastings).
LORI QUICK became SDAP's Assistant Director in 2021. She graduated from the University of San Francisco School of Law in 1990. Between 1990 and 1992, she was a Deputy Public Defender in Marin County. In 1992, Lori joined the Public Defender’s Office in Santa Cruz. Lori became a SDAP staff attorney in 1996. During her time at SDAP, she has secured published wins in People v. Miller (2006) 145 Cal.App.4th 206 and People v. Santos (2019) 38 Cal.App.5th 923. She obtained a grant of habeas corpus from the Ninth Circuit for a Three Strikes client due to instructional error concerning the use of domestic violence propensity evidence (Acosta v. Lewis, 04-17017), and she obtained a full reversal of multiple sex offense convictions and resulting 162 year to life sentence in People v. Ojeda, H029199. More recently, Lori obtained a complete reversal of all felony counts in People v. Brumsey, H043749 due to the erroneous admission of hearsay, and a sentencing reversal in People v. Mixon-Givens, H044705 on Gallardo grounds which resulted in a sentence reduction from 41 years to 15 years 8 months.
ANNA L. STUART is a 2015 graduate of Monterey College of Law. Following graduation, Anna volunteered at the Watsonville Law Center before taking a supervising attorney position with the San Jose State University Record Clearance Project (RCP). Prior to appellate practice, Anna also taught record clearance law to both law school students and individuals currently serving time in county jail. Anna became a SDAP staff attorney in 2016 and has experience with delinquency, dependency, and criminal appeals,
MICHELLE D. SPENCER graduated from the University of Oregon School of Law in 1992. While awaiting her bar results, she volunteered at the Santa Cruz County District Attorney’s Office. From 1994 to 2004, she worked as an associate in a small criminal defense firm in Santa Cruz. Afterward, she worked as a solo criminal defense practitioner and served as a member of the federal CJA panel in San Jose. She joined the SDAP panel in 2019 and became a staff attorney in July 2023.
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.
JULIE CALECA is a 2012 graduate of New York Law School. During and after law school, she served as an intern for multiple public defender offices in both California and New York. After being admitted to the State Bar, she worked for a solo practitioner in San Diego, assisting on appellate panel cases. This is where Julie discovered a passion for appellate work. Soon after, she joined the CAP-LA and SDAP panels, and continued this work for ten years. She became a SDAP staff attorney in July 2024.
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.