ICHMOND -- Seasoned attorneys say they respect Contra Costa Judge Peter Berger for being smart, direct and decisive. They say he runs a busy court while both keeping an open mind and showing a good deal of resolve.
Less experienced lawyers, however, have been spotted licking their wounds after an appearance.
"In terms of the caliber of his performance, he could be one of the best judges in the county," said one attorney. "But he can get very short with people, and a brand new lawyer might find it unsettling."
Berger, who's been on the bench for nearly seven years after working as a public defender for more than 20, is the supervising judge of the Richmond courthouse. He is responsible for assigning cases to four other judges. He also takes on his fair share of everything from small claims to preliminary hearings and jury trials.
But it's not the volume that sometimes tests him, Berger says.
"I have high expectations, and exceptional attorneys are rare -- just as anything truly exceptional is rare," he says.
Berger notes that the Richmond outpost of the court hosts many young attorneys still learning the ropes, and he concedes that he can get impatient and even frustrated when a lawyer misses a critical point in his own case or fails to explain it adequately.
"If they don't see an issue that I see is important, I might interrupt. I'll get into it to get it resolved," Berger said.
Nevertheless, attorneys say Berger gives them a chance to try their cases. And some attorneys appear to know what to expect in his courtroom.
During one preliminary hearing last week, the judge sat back and listened from the bench as a defense attorney embarked on a meandering voyage toward a question while attempting to cross-examine a witness.
A long pause filled the courtroom, and then the attorney turned to Berger and said, "Your honor, I'm going to strike that question."
Berger simply replied, "Good idea."
While some attorneys accuse Berger of being condescending to young lawyers, he appears to go easier on nonlawyers in his court. After concluding a recent morning calendar, Berger returned to his chambers to prepare for an administrative meeting in Martinez when a witness who had failed to appear for trial the previous day showed up. Berger had issued a bench warrant after she failed to appear.
Within minutes, Berger had returned to the courtroom to meet with her, not even bothering with the formality of his robe. Like a physician meeting with a patient, he listened intently as the woman explained she'd had a seizure and was unable to walk to court in time for her scheduled appearance. Berger asked his clerk to clear up the warrant.
"It will take a couple of hours to go through, so you might not want to run any red lights in the meantime," he joked with the woman.
Berger has also won respect of attorneys from both sides of the aisle for having a track record of making decisions promptly and for being fair.
Dennis Murphy, supervising district attorney in Richmond, credited Berger for being open-minded.
"A lot of judges learn something once and try to hang onto it forever, despite new developments in the law. But Berger will listen to you if you point out a recent case to him," Murphy said.
Susan Hutcher, supervising public defender in Richmond, agreed that he shows a great deal of independence from the bench.
"He absolutely calls it as he sees it, and he's not afraid to make a decision," she said. "And he really doesn't favor one side over another."
While Berger spends much of his week handling criminal cases, he also handles a steady load of civil cases under $25,000. And after years of working in criminal law, he says he has enjoyed the challenge of presiding over civil cases.
But in all cases, he expects the attorneys to exhibit a basic respect for the court -- don't chew gum, drink coffee, leave your cell phone turned on, chit-chat when court is in session -- but also to strive for a level of excellence.
"You see a lot of work that's not very good, and you can't do a whole lot about it," he said. "I would encourage lawyers to do even simple things like spell check their briefs, and even then they should look it over again."
