10 Questions with David Rosenberg
Yolo judge discusses career, local history
By Jeremy Ogul - California Aggie, February 7, 2008
David Rosenberg became the presiding judge of the Yolo County Superior Court in January. Rosenberg served three terms on the Davis City Council between 1984 and 1996. He later held a variety of public service positions, including member of the Yolo County Board of Supervisors, commissioner of the State Lottery Board and judge with the Yolo County Superior Court.
How is working in the judicial system different from representing the public as a city council member?
The major difference is when you're in the executive or legislative branch, popular opinion is very important to you. You often try to do what you believe is popular or the will of the majority. In the judicial branch - when you're a judge - you have to always do what the law requires. What that means is you are occasionally called upon to do things that are very unpopular but are the right thing to do.
A unique recipe for achievement
After having already made his mark as a lawyer, politician, gubernatorial aide, writer – and amateur chef – David Rosenberg assumes a new post as presiding judge of Yolo Superior Court
By Stephen Magagnini - Sacramento Bee, January 1, 2008
When he's not dispensing justice to Yolo County and wisdom to his friends and family at large, Judge David Rosenberg pens his memoirs.
It could be a long volume. The immigrant son of Polish Holocaust survivors, Rosenberg has worked under two governors – Jerry Brown and Gray Davis; served multiple terms as Davis mayor and Yolo County supervisor; chaired the California State Lottery Commission; and forged a successful legal career on both sides of the bench.
Starting today, Rosenberg adds to that résumé, taking on the mantle of presiding judge of Yolo County's Superior Court system.
Memorial Day Keynote Speech Given by Judge Dave Rosenberg
Davis Cemetery - May 29, 2006
Good morning, Ladies and Gentlemen. It is an honor for me to join you on this Memorial Day. Throughout California and the United States, and wherever the Flag of this country flies, Americans are taking time to reflect on this day. You know, Memorial Day was originally dedicated to the soldiers who died in the Civil War. At that time, it was called Decoration Day because people went to cemeteries and put flowers on graves. People still do that. In that Civil War, 365,000 Northern soldiers were killed, and 133,000 soldiers from the South died. In World War I, 116,000 American soldiers were killed. In World War II, 407,000 died, 54,000 died in Korea, 58,000 in Vietnam. More than one million Americans have died in our wars, each one loved and remembered by someone.
Today, we gather in cemeteries, we march in parades, we pause in silent reflection, we tell a new generation about our history, about our sacrifices. We remember. And we say “thank you” to the Veterans among us.
I remember back in college, many of my friends and I were enrolled in ROTC. During my last year of college, one of my fraternity brothers set me up on a blind date. In fact, it was a double-blind date. A classmate and friend of mine, David Plummer, and I went out on a double blind date. Both of us wound up marrying the young ladies that same year. Then we graduated and were commissioned second lieutenants in the US Army in 1968. We were young and full of energy and spirit. I was shipped overseas to Germany; David Plummer was shipped overseas to Viet Nam. I lived and David Plummer died. It could have easily been the other way around. Today we remember and honor the David Plummers, and all the other service men and women who served, some who died, some who were wounded, some (like Lt. John Russell) who were heroes, and others who just did their duty as best they could.
I am sure we all agree that we live in turbulent and uncertain times. But in truth, the history of this great democracy – spanning the 18th, 19th, 20th and now the 21st Centuries - has been a history of turbulence and uncertainty. The Revolutionary War, the War of 1812, the Civil War, the Spanish American War, the Great Depression, World War I, World War II, the Cold War, Korea, Viet Nam, the Gulf War, 9-11, Afghanistan, Iraq. Democracy comes with a price. Our great experiment in democracy is constantly challenged and tested. And time and time again, individual Americans have risen to meet every challenge.
As a people and as a nation, we strive for peace. However, we cannot escape the fact that evil exists in our world. And from time to time, that evil emerges and we must be prepared to confront it. We must be prepared to defend our freedoms, our rights and the progress of civilization. Each and every time our men and women in uniform have been called upon to serve as our thin line of defense against the evils of the world, they have answered that call and that line has been strong, steady and unbreakable.
And yet, as we enter the beginnings of the 21st Century, it would seem that the greatest challenge we face may not be from external foes. The greatest challenge we face may very well be internal. Let me explain what I mean.
Recently, a study by he McCormick Tribune Freedom Museum found that only one in four Americans could name more than one of the five freedoms guaranteed by the First Amendment of the Constitution (freedom of speech, religion, press, assembly and petition for redress of grievances). Let me repeat: only one in four could name more than one of the great five freedoms. The poll found that 21% thought the constitutional freedoms included the right to own pets, and 17% identified the right to drive a car as being among the constitutional freedoms. Yet the same poll found that more than half of Americans could name at least two of the members of the Simpson family – you know the cartoon family on TV. That poll also found that 24% of Americans could name all three “American Idol” Judges. And speaking of American Idol, the host of that show recently boasted that more people voted for the American Idol last week than voted for President in the last election.
Did you know that 2 out of 3 Americans don’t know the words of the Star Spangled Banner. And if you ask high school students to identify the four Presidents on Mt. Rushmore, most can’t do it, and if you asked them to show you on a map the location of Iraq, most won’t be able to do so.
In July of 2005, the Harris Poll found that only 55% of Americans could correctly identify the 3 branches of government. More than one in five Americans believed that the three branches of government are the Republicans, Democrats, and the Independents. Only 48% could correctly identify what is meant by the concept of “separation of powers”.
If you ask today’s teens and young adults to name their heroes or that people they most admire they are apt to identify Angelina Jolie, Brad Pitt, Brittney Spears, 50 Cent, and Shakira. Are we raising a generation that watches too much TV, goes to too many movies, listens to I-Pods all day, and has never read a newspaper?
And yet, in the midst of this distressing news, I see a country that cherishes its freedoms, that is vibrant, tough and resilient. And I hear stories every day that give me hope, courage and optimism. Let me give you just one example.
About a month ago, a television producer conducted an intriguing experiment. In a busy city, in the downtown of that city, the producer dropped - unseen by anyone – 30 wallets, each with identification and addresses and each with $200 in cash. He had hidden cameras filming what happened. The cameras filmed 30 wallets being picked up by 30 different people. And then he waited to see what would happen. What do you think happened?
Well, to be honest, the results surprised me. Of the 30 wallets, 23 were returned to the identified person and all 23 still had the money. And in each case, the producer interviewed the 23 people and inquired who they were and why they returned the wallets. In all cases, the finders were ordinary folks, most were working people, but some were poor and some were out of work. It was clear that all of them could use the money – some desperately could use the money. But they returned the wallets and the money. One case was particularly inspiring.
One gentleman who returned the wallet was with a group of young men who kicked the wallet a few times, picked it up, removed the money and tossed the wallet in the trash. This gentleman retrieved the wallet from the trash, took $100 from his own pocket and returned the wallet to the identified address. Turns out the gentleman was an apprentice baker who was being paid just above minimum wage, and was also an ex-felon who had served time in prison and completed his parole. When asked why he returned it, he just said, “It was the right thing to do.”
“The right thing to do.” Simple words – but profound. So it would seem to me that the surest path to peace and justice in this land and in the world is for each of us, every day, in our hearts and in our lives, to strive to do the right thing.
Let us never forget that around the globe only a minority of people enjoy the freedoms and rights that we enjoy in the United States of America. There are literally hundreds of millions of people around the globe who live in poverty, fear, oppression, and with fewer rights than are possessed by a tree in this cemetery. As the riches nation on earth, there are things we take for granted that other people only dream about. Three billion people on this planet don’t even have indoor plumbing. These people still look to America as the shining lamp of freedom, as the best hope of humanity. But some look at us with hate and envy. On this Memorial Day, as we reflect on the sacrifices made by a million Americans, and the sacrifices (to their health, their well-being, their families) made by millions of others – like John Russell – who served during our turbulent history, let us never forget the courage and selfless devotion of those who preceded us.
And let us strive to remember them by being examples to those who will follow us. We teach the next generation by our example. We honor prior generations and we teach the next generation by living our own lives as honorable men and women.
Thank you.
Feeling at home serving on the
bench
Dave Rosenberg adapting from political arena to judicial - December
27, 2005
By STEVE ARCHER/special to The Democrat
David Rosenberg may just have simplified his life two years ago by accepting
appointment to the Yolo County Superior Court.
"As a new judge I learned it was a big lifestyle change. In my prior life
I would carry five to six cell phones. Now all that stops," Judge Rosenberg
said recently.
Rosenberg, a former Davis mayor, Yolo County supervisor and adviser to Gov. Gray Davis, was appointed to the Yolo County Superior Court on Oct. 3, 2003 by Davis. Rosenberg currently presides over all four drug courts of the Yolo County Superior Court.
"The canons of judicial ethics prohibits judges from political activity. We are supposed to be neutral, non-partisan referees," Rosenberg said. "Judges can't be masters of ceremonies or auctioneers - even at charitable events - and I used to do 30 to 40 charitable events per year."
"I understand the rules and comply with them - but I don't necessarily agree with them," added Rosenberg. "For example, I see no harm in judges helping charitable organizations or PTAs."
Rosenberg said it took time to adapt to the new rules.
"It was a big change. It took more than a year for me to acclimate myself to the change in lifestyle," Rosenberg said. "I still have a lot of energy. I focus it on the courtroom and judicial committees through the judicial council."
Rosenberg sits on the judicial council's Civil Law Advisory Committee, the Criminal Law Education Committee and the subcommittees on small claims and legislation. He was also recently appointed to the faculty of the California Judicial College.
Rosenberg, reflecting on his first year and a half on the bench, said the role of the judge is completely different than the role of the lawyer. Rosenberg graduated from UC Davis School of Law in 1974 and clerked for two years for Chief United States District Judge Tom MacBride.
"I had been a lawyer for 30 years and practiced for 20 years - it's very result-oriented. You want a win for your client and the result is everything," Rosenberg said. "As a judge that's not my focus. This is process-oriented. My job is to make sure the process is followed, that the law is followed. I'm in charge of the process."
Rosenberg said his second major observation was the nature of the caseload.
"It's a big leap from practicing law to being a judge because few judges get to preside over their areas of expertise," said Rosenberg. "Lawyers specialize. Most lawyers practice civil law. A civil lawyer becomes a judge and you find you have a criminal calendar.
"As a judge you have to be a generalist because it's likely your assignments won't be in the area you developed your expertise," added Rosenberg. "It's a very fast learning curve. I had three weeks. I immersed myself. I received a criminal assignment - so I immersed myself and put together a book covering the arraignment, setting bail. When I received a juvenile assignment, I put together a book on those (procedures)."
Rosenberg said he and his fellow judges stay busy.
"Yolo County is a very busy court," Rosenberg said. "The county population has increased, cases filed have increased, litigation has increased - but the number of judges has increased very slowly.
"By far, most of the cases are criminal law and the majority of lawyers are on the civil side," added Rosenberg. "At least 97 percent of the cases are resolved prior to trial. The trial judges have a relatively small volume of cases but they take a long time. The so-called calendar judges have 50-60 cases per day."
Although there are three levels of state courts - superior, appellate and supreme - Rosenberg said most of the legal caseload gets done locally.
"Probably more than 95 percent of the cases are resolved at the Superior Court level - it's where justice is done," Rosenberg said. "As a judge, the decisions you make are important and final. Very few cases go up on appeal, appeals is really the court of error. The Superior Court is where the action is and there is a lot of action."
Rosenberg said his current assignment, the four drug courts, is rewarding and challenging. The four drug courts are: adult drug court, felony probation drug court, juvenile drug court and Prop. 36 drug court. He is also the backup judge for juvenile dependency.
"It's a challenging area that most judges try to stay away from. It's an area where judges have more discretion and ability to make a difference," Rosenberg said. "It's invigorating and interesting because you can make a difference. I spend half my day lecturing people.
"Drug court is particularly rewarding," added Rosenberg. "We've taken hundreds of people who had become disconnected from their families and jobs, who are committing crimes, and at the end of the process you don't recognize them. It's remarkable. "
Rosenberg said that, "clearly drugs are the biggest single problem."
"It's called drug court, but we should rename it Meth Court," Rosenberg said. "Cocaine, marijuana and heroin are still here, but meth is the biggest problem. It wouldn't surprise me if two-out-of-three crimes are drug-related."
West Sacramento, he added, continues to be the place where criminal content exceeds the population.
"More crimes come out of West Sacramento than any other community in Yolo County, although it has a smaller population than Davis or Woodland," Rosenberg said.
Rosenberg said he favors so-called alternative courts, such as drug court and juvenile dependency court.
"The traditional role for judges is to hand down sentences and make rulings," Rosenberg said. "This is a very different role for judges that has just emerged in the last decade: a new wave of courts dedicated to helping people change the way they live. It's almost judges as social workers."
Crime prevention and taxpayer savings are two benefits Rosenberg sees from such courts.
"As a society we were putting people in prison for crimes and then releasing them - to commit more crimes. Nothing changed," Rosenberg said. "Alternative courts have developed and they truly do make a difference. I see it everyday. It's an enormous money-saver from the government's perspective.
"It's difficult to operate alternative courts because they cost money," added Rosenberg. "But if you can spend $100 now to fix a problem as opposed to $600 later, well, it's a no-brainer."
Judge Rosenberg said he tries to be on time, courteous, humorous, prepared and fair.
"When it's appropriate I try to add a little humor to lighten the burden and ease the tension in the courtroom," Rosenberg said. "I try to never lose my temper and never show anger."
Rosenberg believes he was appointed to the bench at an opportune time in his life.
"One thing that has surprised me - I seem to have an aptitude for the job. I can do this job," Rosenberg said. "It's almost something I have prepared my entire life for.
"I was 57 when I became a judge. I was appointed late in life and there's something to be said for that," added Rosenberg. "I've done a lot of living and it has served me well. I've been a parent and a grandparent. I know when I'm being lied to and when I'm being B.S.ed."
A judge's main duty has never been difficult for Rosenberg.
"Being a judge is not for everyone. The most important thing for a judge is making decisions. I've never had a problem making decisions," Rosenberg said. "Everyday I deal with people and issues on the edge. Some of the most important life issues show up in my courtroom - life-changing issues of liberty and the custody of children. I have a good seat for the parade of humanity."
Rosenberg said he subscribes to the vision of (California Supreme Court) Chief Justice Ron George.
"I'm a believer in judges being part of the community. Not all judges believe that. Many believe in taking themselves out of the public realm," said Rosenberg. "That's why I write (regular columns) for local newspapers, that's why I go to community functions.
"It helps me understand the community and issues better," added Rosenberg. "I believe judges should do what they can to de-mystify the courthouse."
Commencement Speech By Judge David Rosenberg
Woodland Community College – May 20, 2005
Well, graduates, here you are: graduation day. I offer my congratulations to each and every one of you. For a few, this journey was easy. For most, I’m sure the journey was more difficult, perhaps with a few detours on the way. But you all made it.
To be truthful, I have very little recollection of my own graduations. I really should. I went through three of them. I graduated from high school in Munich, Germany in 1964. Then Cal Poly State University in San Luis Obispo in 1968, and finally, UC Davis Law School in 1974. I know I graduated because I have those certificates on my wall. I also have three tassels hanging in my closet, remnants and reminders of the cap and gown. But I guess I have so little recollection because, at the time, I didn’t fully appreciate the significance of the event. I was already contemplating the future – and forgot to focus on the moment – the moment of graduation.
And so, graduates of Woodland Community College, I want you to take a moment to focus on this milestone in your lives. I want you to do two things for me today. First, you need to take a mental picture of this moment so you can remember it always. So right now, graduates, I would ask you to stand, look around you for the next 10 seconds and take some mental pictures of this graduation.
OK, time’s up, turn off the mental cameras and focus back on your commencement speaker.
The second thing I want you to do is the following: when this graduation ceremony ends, please find your mother, father, grand parent, spouse, significant other, best friend, best classmate, best teacher, or whoever helped you to get here, and I want you to give them a big hug and say “thank you for being here for me.”
In March of this year, I was asked to consider being your commencement speaker tonight. I readily accepted the honor of joining you on this special day. But in May, as I gathered my thoughts on what I would say to you this evening, I looked again at the formal invitation letter from your executive dean Angela Fairchilds. I read that I had been invited to speak because of my “strong leadership and long history of public service – serving as a positive role model for our students”.
Well, that’s a pretty heavy burden. And how do you meet heavy burdens? You google them. So, I spent some time on the internet looking at commencement speeches given by important people. I looked at a lot of them including commencement addresses by Ray Bradbury, Salman Rushdie, Oprah Winfrey and Bob Newhart. I have as you can see, eclectic tastes. I noticed three common themes in those speeches: First, all the speakers talked a bit about their own lives and journeys. Second, the speakers all passed along a few life’s lessons learned on the journey. Third, every speech had, at the end, some wisdom to impart.
Those three components seem to be part and parcel of every commencement address, and I’ll stay true to the formula.
Let me reflect for a moment on my own life. I come from a Jewish family that had the misfortune of being Polish in 1939. As you know, Poland, and most of Europe, was overrun by the Nazis in that time period. My family was virtually annihilated in those years. In fact, the only survivors of the Holocaust in my family tree were my mother and father and one uncle on my mother’s side. My mother and father were among the very few survivors who were liberated from concentration camps by the Allies in 1945. I was born in 1946 in Germany – where they were liberated. My parents never had the benefit of education – the war interrupted that. They never had education beyond elementary school. But in their hearts, they understood the value of a good education. They sought a better life for me, and so my mother and father and I came to the United States, by boat through Ellis Island, in 1949. Like some of you, we were immigrants who didn’t even speak the language. My earliest childhood memory is riding a tricycle in a New York City park and having another child talking to me in gibberish – I’m sure he was talking perfectly good English, but to me it was incomprehensible.
I grew up in New York and New Jersey. We were poor. I remember that my mother and father held every job imaginable to make a living. My father sold coffee door-to-door, he was a butcher, he raised chickens, he ran a liquor store, he operated a bar, you name it. My mother worked as a seamstress sewing buttons on uniforms. But this childhood shaped me. My parents wanted me to go to school every day, and delighted in my efforts. From a very early age, because I went to school, I could read and write and understand English far better than my parents – and so, even as a child, I was called upon to read documents, translate things, speak for my parents, often make decisions.
When I was in junior high school we uprooted everything and traveled back to Germany so that my parents could sue the German government for war reparations. I wound up spending my junior high school and high school years in Germany. That, too, was a profound experience in my life. In many ways, I was on my own in the country of my birth that was actually very foreign to me. Curiously, the first language I had spoken was German, but when I went back to Germany I had to learn it all over again. I spent much of my time in Germany on my own taking the busses and streetcars to the museums and art galleries and getting to school. I had the good fortune to attend an American High School for children of US soldiers while I was in Germany, but since my parents were not in the military, I had none of the privileges that the other students had. I could not buy American clothes, or shop for American food or go to the American bowling alley or barber, or movies on base. In many ways, I was an outsider. Interestingly enough, that status caused me to strive even harder to excel. I got really active in school on many fronts. I was active in student government, being elected to class office all four of my years in high school, I was editor of the student newspaper, I was very involved with the student chorus and plays that we put on, and academically I was near the top of my class. I even loved the American cafeteria food that I could get at lunch. That cafeteria hamburger was pretty special to me. I appreciated what the other kids took for granted.
In retrospect, all these life experiences – some of them comical, some challenging and difficult – helped shape the man I am today. Rather than be discouraged or resentful of the cards that life dealt to me, I played the hand I was dealt the best I could.
From high school, I went on to college in California where I majored in journalism and also participated in ROTC. I had never been to California. I remember flying from Germany to Los Angeles with two half-empty suitcases and $200 in my pocket. By the time I got to the college by taxi and bus, I was down to $100.
I met my current wife of 37 years in college on a blind date. It was actually a double-blind date. My fraternity brother also married the woman he met on that date, but he died in Viet Nam while I lived. Interestingly, I met my wife in September of 1967, gave her my fraternity pin in October, an engagement ring in November, and we were married in June. Looking back, I see that from a very early age, I had no problem making decisions. I graduated in 1968 with a degree and a commission in the military and a two-year commitment to serve during the height of the Viet Nam war. Fortunately, they never sent me to Viet Nam.
Ironically, the Army sent me to serve in Germany of all places, and as a double irony, I served as the Special Services Officer for the German State of Hessen. In this capacity I was in charge of all the movie theaters, service clubs, bowling alleys, craft shops, gymnasiums, entertainment centers and all the other facilities I was not permitted to enter during my high school years.
Following my military service, I spent three years in law school at UC Davis. Law school is a pain in the posterior for most people, but I actually enjoyed it and thrived in that highly charged and competitive atmosphere. While in law school, I became politically active for the first time in my life. I was attracted to a young new face on the California political scene. He was only 32 years old at the time, he was espousing the political reform act to clean up government, he was running for Governor of California and his name was Jerry Brown. I got active in his campaign, and wound up serving on his senior staff from 1976 to 1981 – I joined the Governor’s staff at the age of 29.
I left the Governor’s Office in 1981 and then proceeded to do several things at once. I went into private law practice and started to run for political office myself. I wound up practicing law for about 20 years as a civil litigator – most of my practice was engaged in representing the disabled, blind and deaf. At the same time I was elected to the Davis City Council 3 times and served as Mayor of Davis twice. I was elected to the Yolo County Board of Supervisors twice and served two times as Chairman of the Board. In 1999, I went to work for a second Governor, Gray Davis, also on his senior staff. During this time I served as Director of Operations for the Governor, as well as the liaison to all cities and counties in California and the Indian tribes. I also served for five years as Chairman of the California State Lottery, a $3 billion a year business.
In 2003, I was appointed by the Governor to my current position – Judge of the Yolo Superior Court. For the first time in my life, I now have one job, but it’s a pretty good one. I get to make decisions all day long. In many ways, my life has prepared me for my current role. One of my assignments is to run all four of the drug courts we have here in Yolo County. It’s a busy assignment since about 2 out of every 3 crimes involves drugs. It’s also a very gratifying assignment since every day I can help people overcome their addictions and change their lives – sometimes save their lives. As a Judge, I see the parade of humanity every single day – and I have a front row seat.
As I reflect on my life, I see that I have dedicated myself to public service from the time I entered the military at the age of 21 to the present. I have always found public service to be a high calling and distinct privilege.
Now comes the second part. What life’s lessons have I learned that I can pass along to you at this time? Well, let me not overburden you with life’s lessons. Allow me to mention just two that you may find useful.
First, the journey you make through life may be difficult. This is a good thing. An easy journey is not very interesting nor very useful. Believe me, you learn a lot more about yourself when the road is winding, bumpy and challenging. As the great philosopher Nietsche said, “That which does not kill you will make you stronger.” Now, for some of you the journey, to date, has not been difficult. Too bad. But take heart, there will be a time when it is hard – perhaps very hard. That’s just the way it is. Life is like that. Just when you think you have life all figured out and things are going just swimmingly, life has a way of slapping you in the face and getting your complete attention. Hopefully, when the journey gets tough, the lessons you have learned in your life – the lessons you have learned in this very school – will help you overcome the obstacle and move on.
Second, if you haven’t already done this, start trying to figure out who you are. This is not as hard as it sounds. Here’s what you do. Sit down and make two lists. The first list should be the things that you do well or that give you great satisfaction. For example, you might include on that list writing poetry, studying languages, playing golf, gardening. You know what you like to do and what you actually do well. The second list should be the things you don’t do well or that give you substantial dissatisfaction. That list might include things like chemistry, cooking or jogging. You are now well on the way of figuring out who you are. And take that knowledge and apply it as you go through life. If you love to garden, make sure you garden. And if you hate chemistry, don’t go on to the university to become a chemical engineer. But the point of this exercise is to set realistic goals for yourself, then strive to meet those goals. You have already proven to me that you can do that. You set goals for yourself to attend this college, get a good education and graduate. You did that. Now move on to your next goal. And don’t stop till you achieve it.
Finally, ladies and gentlemen, I am obligated to end my speech with some wisdom. And this I will do now.
I will conclude with a parable. It’s an ancient story about a little bird in a Russian snowstorm. You may have heard this tale before, and if you have, it bears repeating. If you haven’t heard the story of the little bird in the Russian snowstorm, I can’t think of a better time to hear it than at a graduation ceremony.
Well, if you know something about Russian winters and Russian snowstorms, you know they are terrible and fierce. And this was an especially fierce, bitter and cold storm. Our little bird was late in flying south, and was flying with all its tiny might toward the southern mountains in the face of a terrible storm. She was flapping her little wings as fast as she could toward the mountains and warm climates to the south. The little bird knew that if she could just get to the mountains, she would survive the terrible Russian winter.
She flapped her wings and pushed her little body into the wind, but no matter how hard she tried, she just couldn’t make it. And in the force of the wind and snow, the little bird dropped to the ground and fell by a snow bank. And as the little bird lay there, realization came upon her: she knew that she would not survive the winter.
And as the little bird lay in the snow, getting colder and colder, she suddenly heard the faint tinkling of bells. The tinkling of bells got louder and louder until the little bird saw some oxen with bells on their necks walking by, and an oxen herder driving them. The oxen herder saw the little bird lying next to the trail, and took pity on her. He picked up the little bird, scooped up some oxen dung, and placed the little bird into the dung up to her little neck. Then he placed the little bird back on the snow and walked away.
And after awhile, the little bird realized something amazing. As she lay in the snow, covered in oxen dung, the little bird realized that she was slowly warming up. The oxen dung was protecting her from the fierce Russian winter. And when the little bird realized that she was warm and would actually live through the snow storm, in her happiness and joy she started singing at the top of her little lungs.
Now at this very same time, in the forest, a wolf was looking for food during the same Russian winter and heard, to his surprise, the chirping or a bird. So he went to investigate. He came upon the little bird, wrapped in oxen dung, chirping and singing at the top of her little lungs. The wolf took in this scene. And then walked up next to the little bird. He carefully unwrapped the dung from the bird, popped the bird into his mouth and swallowed the little bird whole.
Now, what is the moral to this story? Actually, it has three morals.
First, he who wraps you in dung is not necessarily your enemy. Second, he who takes you out of the dung is not necessarily your friend. And finally, if you find yourself in dung up to your neck, for heaven’s sake, keep your mouth shut.
Congratulations, graduates!
Speech Presented by Judge David Rosenberg at his Investiture – November 21, 2003
Thank you for joining me at my Investiture. It is a privilege for me to be joined by Judges, members of my family, old friends and new friends, old colleagues and new colleagues. Allow me to start by giving special recognition to my wife and partner of 35 years, the lovely and talented Lea Rosenberg. I am very proud of Lea who is a member of the Board of Directors of the Yolo County Fair, is active in the University Farm Circle and the Soroptimists, and is recognized for her community service in Davis and Yolo County. I also wish to recognize my two adult children: my son Jason Rosenberg and his friend Lisa; and my daughter Janis Rosenberg and her fiancé Chris. I want to also recognize my grandson, six-and-one-quarter-year-old Jonathon, who is in the audience today. Also joining me today is Lea’s father, a wonderful man and retired physician Dr. Herman Pepper and his wife, Sarah Pepper, and Lea’s brother George Pepper. We are surrounded by Peppers.
I want to thank the Judges of the Yolo Superior Court, many of whom have joined me today. Presiding Judge Michael Sweet who served as master of ceremonies today, Judge Donna Petre who will assume the mantle of Presiding Judge next year. Judge Arvid Johnson, Judge Doris Shockley, Judge Steven Mock, Judge Kathy White, Judge Tim Fall, Judge Tom Warriner, and the Commissioners, management and staff of this court. This is a fine bench of dedicated and honorable men and women, and I am proud to join it. The Judges have shown me every courtesy and have extended to me the hands of colleagues. I am particularly grateful to Judge Johnson, Judge Shockley and Judge White who have taken me under their wings to show me the ropes of the calendar that I will be handling: adult drug court, felony arraignments and preliminary hearings. I want to also recognize my clerk, Sharon Codarre, who worked for Judge Lebov and whose experience will be most helpful to a rookie Judge, and my bailiff, Nick Sareeram, a deputy with the Yolo County Sheriff’s Department, who displays a maturity far beyond his years.
Thank you also to the speakers today. I am very aware that I have been appointed into the judicial seat previously held by Judge Warren Taylor, Judge Jim Stevens and Judge Bill Lebov: A great tradition of excellent judicial officers. It is my honor to receive the oath of office from my immediate predecessor, Judge Bill Lebov. Judge Lebov was one of the best Judges ever to serve Yolo County, and his service continues around California as a Retired Judge sitting by assignment. To my friend and law partner of over 30 years, Steve Felderstein, whose sense of humor has – over the years – “evolved”, thank you for being here and for honoring me with your words. To Pete Siggins and Clark Kelso: I deeply appreciate your coming to my Investiture and speaking from your hearts. We had a wonderful past life together, and I know your futures are bright. To Judge Trena Burger-Plavan, a special thank you. When I attended earlier this year the Investiture of my friend, Shelleyanne Chang, as a Judge of the Sacramento Superior Court, and I was pondering if being a Judge was the appropriate future for me, Trena encouraged me and reminded me of the old saying: “My worst day as a Judge was better than my best day as a lawyer.”
You know, Investitures of Judges are common in this country. But last week, curiosity got the better of me and I looked up the word “Investiture” in Webster’s. I found that “Investiture” comes from the Latin meaning “to clothe.” And it is defined as “the act or formal ceremony of conferring the authority and symbols of a high office.” That definition made me pause and contemplate what that all meant.
I had already assumed my duties as a Judge last month, and for the past few weeks, I have been hearing matters. An interesting mix of felony arraignments, preliminary hearings, and a mixture of civil matters, family law and a little trial. The work of being a Judge had already begun for me prior to this Investiture.
So this Investiture is the public ceremony of conferring two things: the symbols and the authority of becoming a Judge. The symbols, of course, are the robe that Judges wear. Hence, the Latin “to clothe”. The robes that Judges wear are a link to the distant past, but they remain a potent symbol of the authority, the responsibility and the power conferred on our judges. As to the robes, I was reminded of the words of that great Judge, Earl Warren, who said almost a half century ago: “Our judges are not monks or scientists, but participants in the living stream of our national life, steering the law between the dangers of rigidity on the one hand and of formlessness on the other."
But being a Judge is much more than wearing a robe. An Investiture confers not only the symbols of office, but the authority of that office. It is, in fact, a great responsibility. I start this endeavor as a Judge with a certain amount of seasoning, and hopefully wisdom. Most judges start their careers in their 40’s, some even in their 30’s. Many judges retire in their late 50’s. Yesterday, I turned 57, and I am just starting. For me, that is a good thing. I am not a youngster anymore. I have been around the block many times. I will apply my life experience, my intuition, my knowledge of human nature to the task.
Over the past several weeks I have enjoyed the congratulations and best wishes from hundreds of friends and colleagues. Thank you, one and all. But let me tell you what the most commonly asked question has been: “After so many years of political activism, after working for Governors, and holding down 5 jobs at the same time, and answering 5 cell phones, will you be satisfied with only one job as a Judge?”
It’s a fair question. But those who really know me, know that the dedication of my life has been to public service. And I have served as an officer in the United States Army, as a law clerk to a great federal judge, as a city council member and as Mayor of a wonderful city, as advisor to two Governors, as a member of many public boards and commissions, and as a county supervisor. And those that know me know that I have said on more than one occasion, “Some day, some day, I will have only one job, and then I can focus all my energy on that one task.” Well, someday is here, and I relish the new challenge. You know, none of us can predict the future. I have never tried. I do not know what path my life will eventually follow. But I do know that being a Judge is a great honor that most lawyers aspire to at some point in their careers, but few have the opportunity to achieve. I have been given that rare opportunity, and I will do the best that I can.
I have in my career as a trial lawyer, had occasion to appear before many judges in many counties and venues. They were all were fine judges. There were, however, a handful of truly remarkable judges who left an indelible impression on me. And as I reflected on the qualities that made them remarkable, I realized that all were possessed of the same five qualities: These judges (1) had always done their homework, had read the materials before them, and were prepared, (2) they treated the lawyers, the parties and the public with courtesy and respect, (3) they were on time and efficient, (4) they made decisions and never hesitated to do so, and (5) at the end of the day – whether the decision was for you or against you – you knew that the judge was fair, unbiased and impartial, tried to follow the law, and called them like he saw them. That is the kind of Judge I have tried to be from Day 1 and that is what I will strive to achieve until my final Day.
Let me leave you with the words of Justice Felix Frankfurter spoken 60 years ago, as true today as they were then: “As judges we are neither Jew nor Gentile, neither Catholic nor agnostic. We owe equal attachment to the Constitution and are equally bound by our judicial obligations, whether we derive our citizenship from the earliest or the latest immigrants to these shores.”
Thank you for being here with me on this special day.