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California Municipal and Superior Courts
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Santa Clara County

    JOSEPH DESMOND



Born: Nov. 5, 1936
Elevated: 1998, via court consolidation
Previous work of note: Judge, San Francisco Municipal Court, 1983-1998; private law practice, 1962-83
Law degree: University of San Francisco School of Law (1960)



August, 1999

By Kelly Flaherty

How often does one hear that "it's the most pleasant experience in the world" to appear before a San Francisco judge?

Not often, or at least not sincerely. So when one lawyer says it, another echoes it and still others agree, it's time to take notice. Who is this guy, and why do they say these nice things about him?

He's Judge Joseph Desmond, the oldest member of the San Francisco bench and a guy so comfortable with the job that he tames lawyers with a well-chosen word rather than the crack of a whip.

"He's been here long enough that he knows the law. He knows the procedure," said criminal defense attorney Ira Barg. "He has no axe to grind one way or the other."

Moreover, Desmond's sense of decorum is so strong that "he never puts anyone on the spot," Barg said. "It's the most pleasant experience in the world."

Desmond was appointed to the S.F. Municipal Court on Jan. 2, 1983, as one of Gov. Jerry Brown's "Midnight appointments." Three other San Francisco judges were named at the same time: David Garcia, Ronald Quidachay and Herbert Donaldson.

"We had to get sworn in that day, or we wouldn't have been judges," Desmond recalled, since newly elected Gov. George Deukmejian was taking office the next day and their judicial commissions could have been voided.

Before putting on a black robe, Desmond was a navigator and bombardier for the U.S. Air Force during the Korean War and later a criminal defense attorney.

In his 161/2 years on the bench, Desmond has kept a low profile, but he started his career with a headline-grabbing case.

Less than a week into the job, he ordered a preliminary hearing for a defendant known as "The Nob Hill Rapist" closed to the press. The San Francisco Examiner appealed that decision to the superior court, lost, then took a writ to the First District Court of Appeal, and lost again. The newspaper then gave up.

Desmond said it was unsettling to be sued by a newspaper after only a week on the bench, but he felt his was the right call. "And the serial rapist is still in state prison," he said.

Since that time, Desmond has handled the range of cases one sees in muni court, including lots of landlord/tenant disputes, personal injury cases and criminal proceedings, as well as supervising the muni court's "fast track" system.

S.F. Superior Court Presiding Judge Alfred Chiantelli likes having Desmond around, since he can go both ways -- criminal or civil -- with his vast experience.

"He can cover all bases," Chiantelli said. "Give him five cases and he'll settle them."

Defense attorney James Collins said Desmond will settle cases "if he thinks it's the right thing to do. He just has common sense." Assistant District Attorney Mario Andrews compares Desmond to Uncle Joe, the gruff-talking but warm character on the old television show Petticoat Junction.

"I like his attitude," Andrews said. "He's casual with jurors and so very down to earth."

Andrews said he especially enjoyed a recent exchange between judge and juror over being born and raised in San Francisco. "They talked about the '30s and '40s and what it was like going to St. Ignatius High School," said the prosecutor, who just sat back and soaked in the San Francisciana.

Deputy Public Defender Brendan Wen described Desmond as "just old time," from an era that has mostly vanished. Wen said Desmond often plays Irish music in chambers, which contributes to his judicial mien. "He is the impish Irish judge that you don't see anymore," the public defender said.