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Contra Costa Judge Retires, Alameda Judge Is Next

By Jahna Berry
The Recorder
May 7, 2002

A longtime East Bay civil judge has shed his robes and another has announced he'll do the same.

Alameda County Superior Court Judge David Lee plans to retire on Jan. 3, 2003, and Friday was Contra Costa Superior Court Judge John Van de Poel's last day on the job.

Gov. Gray Davis will appoint the judges' successors.

During a recent interview, Lee, 64, said he wanted more time to travel and to raise his grandchild.

"I love this job, and I love the work," he said. Now, he added, "it's time for someone with fresh ideas."

Lee said that he may sit on assignment or do some private judging.

Lee ran for retiring Judge Gordon Minder's seat in 1982. Before that, he was a probate commissioner for 10 years.

Lee earned a reputation for being a skilled trial judge with a superior demeanor. He was named Trial Judge of the Year by the Alameda/Contra Costa Trial Lawyers' Association in 2000.

"There is so much tension in our business these days - in some courtrooms you can cut the tension with a knife," said J. Gary Gwilliam, name partner with the Oakland plaintiffs firm Gwilliam, Ivary, Chiosso, Cavalli & Brewer.

However, in Lee's courtroom, there's a relaxed atmosphere and the judge's temperament assures attorneys that everyone will get a fair shake, the lawyer said.

"He's one of the best that we have," Gwilliam said.

In Contra Costa County, Judge Van de Poel has ended a 40-year legal career.

"I have been practicing since 1959," said Van de Poel this week. "That's enough."

The judge, who will turn 70 in June, says he has no plans to do legal work after he retires. Instead, he plans to travel and use his boat more often.

Gov. Pete Wilson appointed Van de Poel to the bench in 1992. Before that, Van de Poel was an Oakland civil attorney for more that 30 years. That includes a stint as name partner at Van de Poel, Strickland & Haapala.

Although Van de Poel spent much of his judicial career presiding over civil cases, recently he has been assigned to criminal work, he said.

Some attorneys - who declined to be named - said that they dreaded appearances in Van de Poel's courtroom.

In the 2002 edition of California Courts and Judges, unnamed attorneys who were interviewed described Van de Poel as "crotchety" and "nasty."

But two attorneys who have known the judge since he was a highly regarded East Bay civil defense lawyer said that Van de Poel had high standards for attorneys.

In trial, Van de Poel is a "quick study" on cases said Michael Ney, name partner at Walnut Creek's McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer.

"He was a good trial lawyer and he expects others to be good trial attorneys," Ney said.

Van de Poel can be "demanding," but he is "evenhanded with his expectations," Ney said.

The judge "has always been a gentleman," said William Gibbs, a Hayward plaintiffs attorney who is a longtime friend of Van de Poel's and the judge's former campaign treasurer. Gibbs also praised Van de Poel's skill as a trial attorney.

Gibbs never appeared before Van de Poel because of their close relationship.

"John does not suffer fools gladly," Gibbs said of Van de Poel's reputation. "He was not above telling people that he did not appreciate it when you come into his courtroom without knowing what the hell you were talking about."

"I think that he will enjoy retirement," Gibbs said.

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