ynthia Ming-Mei Lee has the hallmark of an even-handed judge: Both prosecutors and defense lawyers think she can be too tough on their side. But all agree that she knows better than most how to run criminal proceedings.
"I feel very strongly that because of her courtroom experience, she understands the rhythm and flow of a courtroom," said solo criminal defense attorney Betsy Wolkin. "The nuances of the courtroom aren't lost on her."
That's high praise for this woman who spent 21 years as a prosecutor before beginning her judicial career in the same misdemeanor court where she was first assigned as an assistant DA. She now presides over one the major felony prelim and arraignment courts.
During a hearing last week involving stalking charges against the ex-wife of a former S.F. prosecutor, Lee sensed the defendant thought the deck was stacked. The judge acknowledged that she and the alleged victim were "acquainted as colleagues, but nothing socially.
"I do feel my acquaintance with your ex-husband will not affect in any way my ability to be impartial," the judge said, adding that she would bow out of the case if the defendant felt uncomfortable. She did, Lee did, and the case was re-assigned.
"She has a sense of fundamental fairness," Wolkin added. "She takes her job seriously."
Criminal defense attorney Malcolm Smith suggested Lee could be a little more aggressive in settling cases.
"She's a little detached," said the solo practitioner. "She monitors the situation, but she doesn't jump in and try to do things like other judges !. . . she doesn't pull the parties aside and start twisting arms to settle a case."
However, he said if he brings a settlement proposal to her, Lee will bring in the prosecutor to try to reach a disposition.
Criminal defense attorney Eric Safire says he sees a little of Lee's prosecutorial background creep into her rulings from the bench.
"She is more conservative when it comes to setting bail," said Safire. "But she has a keen sense of a valid defense."
He adds: "If there's a likelihood that a defense will prevail during jury trial, she'll try to settle the case. She'll let the district attorney know they're going to have trouble upstairs [in Superior Court]."
Just as Safire detects a little former prosecutor in Lee, current prosecutors think Lee holds them to a higher standard. Assistant DA Elisabeth Frater said some DAs "think she unfairly busts their chops." But Frater added, "She bends over to be fair."
Frater said Lee has a keen sense of the ordeal that defendants endure while waiting in a crammed holding cell for their cases to be called, and Lee calls in-custody cases before those involving defendants out on bail or on their own recognizance. "She doesn't want the defendants languishing in jail," Frater said.
Nicknamed "The General" because of her insistence on punctuality, Lee said her most important realization after being named to the bench by Gov. Pete Wilson was that she was no longer an advocate. "I've got to call it straight down the line," she said. "If [attorneys] don't ask the question that I think needs to be asked, then that question remains unasked," she said.
Lee said because of the high volume of cases that are calendared in her court, attorneys must come prepared for battle. "I expect them to have done their homework, have their witnesses ready to go and to have spoken to their witnesses," she said.
She says defense attorneys often push hard to get their cases before her in a hurry. But she takes them in due course. "I have not yet figured out how to do more than one case at a time," she said with a smile
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