himsy and caprice, says David Lee, led him to abandon his initial plans to teach and instead pursue a career in law that would eventually land him on the Alameda County Superior Court.
But his intellectual honesty and mild professorial manner have earned him accolades from East Bay attorneys who say he's not just a good judge -- but also a good trial judge.
"Over the years, he has demonstrated to both sides that he is extremely fair, thoughtful and decisive," says Aaron Simon, a partner at Oakland's Kazan, McClain, Edises, Simon & Abrams and president of the Alameda County/Contra Costa Trial Lawyers' Association. Last month, the group honored Lee as Alameda County Trial Judge of the Year.
"The temperatures can get really high in the courtroom sometimes," says Simon. "You want a judge with a strong personality. He won't let himself be swayed by a dominant personality."
Lee was elected to the superior court in 1982, but he began sitting on the bench in 1973 as a probate commissioner. Attorneys say his experience on the bench comes through in his clear-headed rulings and the even-handed way he conducts hearings in his courtroom.
"He's a real human being. And really, I think judicial temperament is as important as intelligence, consistency and fairness," says Douglas Lord, an Oakland solo attorney.
Lawyers say they find great symbolism in the scale that sits on Lee's bench -- a reminder that he takes his job of weighing both sides very seriously.
And he is well known for his commitment to the concerns of jurors in his courtroom. He refuses questionnaires, in part because they may be perceived as biased against jurors who are less literate than others. But while that usually makes plaintiffs attorneys nervous, Kazan, McClain partner Simona Farrise says she has been impressed by Lee.
"A lot of judges might not take the time to do a good job [with that format], but he's so thorough that I feel everyone gets a fair shake," she said, adding that he shows respect for all parties in his courtroom.
Lee also is known for going to great lengths not to waste jurors' time. And he enjoys using his position as a platform for educating jurors -- and sometimes attorneys -- about the importance of the jury process.
"In every case, he conducts a civil lesson about the right to a trial by jury, and I think he makes the entire experience as close to pleasurable as you could possibly have in a contested environment like the one we work in," says Eric Ivary, a partner at Oakland's Gwilliam, Ivary, Chiosso, Cavalli & Brewer.
Ivary also notes that Lee isn't reluctant to apply humor and a light touch to the rulings he makes. He's firm and decisive, says Ivary, while still remaining approachable and even casual.
Lee says part of the calm may come from his years on the bench. "The enthusiasm of youth is mellowed by time," he says, with a half-smile.
But his steady hand may also stem in part from his continued devotion to learning -- and teaching -- about law and legal procedure. He says he prefers civil law, for instance, because its sheer breadth offers a judge so much variety as well as complexity.
"You can jump from a rather mundane personal injury auto to copyright to false arrest, real property issues and riparian rights," he says.
Lee expects the usual of attorneys who appear before him -- professionalism and preparedness. He also advises lawyers to pay attention to the jurors, making sure, for example, that their eyes aren't rolling back into their heads.
"If you're boring them, you may be prejudicing the jury against you," he says. "And if there's one thing I'd say to a trial lawyer it would be, 'Don't assume that just because you have an advance degree, you are more clever than the jurors.'"
