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February 2015 - Judge Di Cesare: Delivering on the American Promise

by Dimetria A. Jackson

Annually, the Orange County Bar Association bestows the Franklin G. West Award to a deserving judge or attorney whose lifetime achievements have advanced justice and the law. In recognition of his stellar career as an attorney and a judicial officer, his mentorship, and his commitment to delivering upon the American promise of providing equal justice for all, the Orange County Bar Association is honored to present its highest honor to Judge James Di Cesare.

“I firmly believe that no one becomes what they are by themselves; they succeed because of the family and friends who help and inspire them along the way.” Judge James Di Cesare’s words exemplify his humble nature and gratitude for his loving family, cherished friends, and accomplished staff. He is personable and generous in his praise of others. When asked to share information about his accomplishments, background, and community service during a lunch meeting that also included Judge Kirk Nakamura, Judge Di Cesare inquired about my background and shared stories, while bestowing accolades upon his colleague and friend, Judge Nakamura, in lieu of talking about himself.

Judge Di Cesare embodies fairness, civility, and integrity. Throughout his career, he has gained a reputation as a tireless advocate, a champion for the rights of others, and a mentor to students and young lawyers. When he was a young child, his parents, who trace their origins to Italy, stayed abreast of national and international current events, frequently discussing them at the dinner table. Judge Di Cesare, who learned by example, weighed in on issues and formed well-reasoned opinions. Those family dinner conversations coupled with his parents’ emphasis on service were the impetus for him to pursue a legal career.

Born in Rochester, New York, and raised in Southern California, Judge Di Cesare attended St. Paul High School, as did Judges Andrew Banks and Daniel Pratt, a Catholic school in Santa Fe Springs with a mission to promote and nurture students’ talents, moral development, and spiritual growth. St. Paul challenges its students to strive for academic, artistic, and athletic excellence, and to work toward building a more just society. St. Paul provided an inspirational, integrated, and forward-thinking environment that further inspired his career path.

After high school, he attended California State University, Fullerton. During college, he worked for Conrad Touhey, Esq. and Fred Mason, Esq., a past president of the Orange County Bar Association. Prior to law school, he began a six-year commitment with the Army National Guard Reserves, where he served with several colleagues, including Judges David Chaffee, Richard Stanford, and Robert Moss. As a law student, he joined the firm of Aitken, Bradshaw & Andres as a law clerk in 1972, and upon graduation from Pepperdine University School of Law in 1973, he joined the firm as its first associate, where he worked under the tutelage of his friend and mentor, former Franklin G. West recipient Wylie Aitken. According to Wylie Aitken, Judge Di Cesare, “is not just a great hard-working judge, but he brings to the bench and his decisions a unique sense of fairness and passion for justice. He truly cares. He stands as an example of what we all should strive to do: be a messenger for justice.”

In 1976, Judge Di Cesare became a partner at Di Cesare & Weaver and established his own practice in 1985. From 2000 until his appointment to the bench by former Governor Gray Davis in 2001, Judge Di Cesare was a partner with Di Cesare & Behle, practicing in the areas of personal injury, business, and intellectual property.

An accomplished personal injury attorney, he achieved favorable results for his clients and championed the rights of tort victims. He will be remembered for his role in the precedent-setting insurance bad faith case, Boicourt v. Amex Assurance Company, 78 Cal. App. 4th 1390 (2000), which is routinely cited in California personal injury cases. Boicourt is now viewed as a landmark victory for those negotiating with insurance companies in California, as insurance companies are now required to protect their insured by effectuating policy limit settlements when reasonable settlement opportunities are available. When pressed, Judge Di Cesare noted that his most memorable cases include those that involved how products are manufactured, a transient man in need, a man killed during arrest, and a child killed in a care facility, among many others.

After almost thirty years of practice, he decided he wanted to contribute to the legal process in a different way, by becoming a judge. According to Judge Di Cesare, the judicial branch is charged with delivering the American promise, a promise that is at the heart of our freedoms, to provide a fair trial, irrespective of our differences; a promise that must be protected for future generations, in every courthouse, in every county, and in every state. As a judicial officer, Judge Di Cesare is committed to ensuring that he delivers upon the American promise every day. His judicial philosophy is one of mutual respect and courtesy. For the past thirteen years, he has enjoyed facilitating resolution and the pursuit of justice within a congenial, yet formal setting.

Judge Di Cesare brings to the bench and his decisions a sense of fairness and passion for justice. He is enthusiastic about the opportunity to make a difference in the lives of the litigants who appear in his courtroom, his interns and courtroom staff, law students and attorneys whom he mentors, and members of the legal community whom he interacts with through service on countless boards, committees, and associations.

Judge Di Cesare counts among his blessings his loving wife of forty-four years, Donna, four children, seven grandchildren, numerous friends and colleagues, including fellow Orange County judicial officers, and an outstanding, friendly, and committed staff: Christine Carr, Loretta Menchaca Schwary, and Randi Taylor (who recently retired). According to his colleague, Judge Kirk Nakamura, “He is compassionate, just, kind, and conscientious. He genuinely cares about everyone.”

Although too modest to elaborate on his professional tributes and accolades, Judge Di Cesare is a recipient of numerous awards and honors. He has been recognized for his integrity, intellect, and civility. In 2008, he received the American Board of Trial Advocates, Orange County Chapter, George Francis Judicial Civility Award for Judicial Integrity. The following year, he received the Orange County Trial Lawyers Judge Oliver Award for Judicial Integrity, Compassion, and Courage. In 1998, he was the recipient of the State Bar’s Wiley W. Manual Award for pro bono legal services. The award recognizes the contributions of those who volunteer time and expertise on behalf of low-income clients. For over ten years, he served on the Board of Directors of Amicus Publico and the Public Law Center (PLC). As a Board member, Judge Di Cesare recalls that one of the most significant votes he cast was to hire Kenneth Babcock, PLC’s Executive Director and General Counsel, who has taken the PLC to unimaginable heights.

In the early 1990s, homelessness in Santa Ana’s Civic Center was at a critical stage. As a member of the OCBA’s Board, Judge Di Cesare proposed, lobbied, and championed the OCBA’s involvement on behalf of those in need. According to Judge Di Cesare, Thomas Malcolm, 1992 OCBA President, and Edmond Connor, among others, executed the OCBA’s plan with such success that it received statewide recognition.

Judge Di Cesare has been actively involved in the Orange County legal community throughout his career. He served as a member of the Orange County Bar Association’s Board of Directors and as Chair for several OCBA Committees including, Pro Bono, Bridging the Gap, Legislative Relations, College of Trial Advocacy, and the Public Relations Committees, and as a member of several other OCBA Committees. He also served on the Board of the Legal Aid Society for several years.

As a longtime member of the Orange Country Trial Lawyers Association (OCTLA), he served on its board of directors; as editor of the OCTLA newsletter; and in 1988, as its President. During his presidency, the OCTLA Board, assisted by Directors Larry Eisenberg and Judge Lon Hurwitz, instituted several mini-seminars that enhanced the financial stability of the organization. Of all the benefits he derived from his affiliation with the OCTLA, the greatest is the friendships that he established many years ago that remain in existence today. In 2000, Judge Di Cesare was named OCTLA Attorney of the Year.

Judge Di Cesare continues his longstanding involvement in the Association of Business Trial Lawyers, as a member of the Board of Governors, the Gray Inn of Court, as a Director and past president, the Celtic Bar Association, Saint Thomas More Society, and Lex Romana, which he co-founded, among others. Judge Di Cesare was recognized by the OCBA Business Litigation Section in 2014, the Orange County Women Lawyers Association in 2013, and the Celtic Bar Association in 2011, as Judge of the Year, based upon his contributions and commitment to the bar, bench, and the community.

In addition to his many contributions, Judge Di Cesare is committed to helping future generations of law students, newly admitted lawyers, and students of all ages. He mentors interns, oversees their legal research and writing, and teaches civility and courtroom decorum. Michael Penn, who clerked for Judge Di Cesare during his first year of law school, observes: “Judge Di Cesare stresses graciousness and courteousness in all dealings with opposing counsel and party opponents.” Michael Penn’s favorite Judge Di Cesare expression is, “Kill the other side with kindness.” Judge Di Cesare counts among his mentors Ronald Phillips, Dean Emeritus of Pepperdine University Law School, and Wylie Aitken of Aitken*Aitken*Cohn, both of whom inspire by example.

As a participant in the OCBA’s Bridging the Gap and Pepperdine University Law School’s Mentor Program, Judge Di Cesare continuously seeks opportunities to engage with and mentor others. As a member of several bar associations, he frequently participates in young lawyer events and opens his courtroom to brown bag luncheons, during which attorneys and law students can ask questions about proceedings and learn practice tips. He also makes his courtroom available to Rotary groups and to schoolchildren, teachers, and parents. Everyone is invited to freely ask questions, sit in the jury box, at counsel’s table, on the witness stand, and on the bench. Judge Di Cesare enjoys discussing citizenship, tolerance, the judicial process, and justice. Deirdre Kelly was thrilled when her son’s Cub Scout Den visited Judge Di Cesare’s courtroom. The scouts were excited and their parents were impressed by his kindness, and left with a positive experience of the judicial system. According to Deirdre Kelly, “Judge Di Cesare has a reputation for fairness and graciousness in the courtroom that is known throughout the county. He is hard-working and wise in his decisions.”

Congratulations Judge James Di Cesare on receiving the Franklin G. West Award, a richly deserved and well-earned honor.

Dimetria A. Jackson is a Past President of the OCBA, the 2014 OCBA Awards Chair, and Director, Corporate Social Responsibility & Sustainability, for Golden State Foods. She can be reached at DimetriaJackson@goldenstatefoods.com.

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