Mentors, Part 2: Manfred and Uncle George

Growing up, two people had a great influence on me: Manfred Nuess and George Werner. Manfred was a close friend of our family and an avid fisherman and connoiseur of life. Uncle George was our closest family member and loved me and my brother unconditionally.

Manfred came to the United States from Germany after World War II as a teenager and appreciated everything that makes our country so great: the freedom, the opportunity, the rule of law in a democracy based upon a free market. And great fishing. He was successful in the food and beverage industry, an expert in wines and in the importance of excellent service to others being a key part of any endeavor. He was not fond of government or paying taxes, something that my father actually believed was an integral and necessary part our country's greatness. As a result, we had many great conversations on a wide range of issues while fishing in the High Sierra. In "God's Country." My choosing to live here was in large part because of these great trips. No matter how we viewed any issue, we always kept the discussion friendly and engaging.

Manfred's favorite phrase was "teach me." This phrase always moved the conversation forward and afforded everyone with an opportunity to fully explain the basis for the point they were trying to make. Each conversation became a learning experience. I think of this each time I am in a discussion when I am not certain that I fully understand someone's perspective or the basis for their opinion. It never fails to help me understand an argument or point of view, and always helps move the discussion forward.

Uncle George, actually my Mom's uncle, moved from Massachusetts to the Bay Area following a labor dispute that he was active in. In California he worked as a printer for the Oakland Tribune for many years. Our favorite vacations were staying with Uncle George and Aunt Maybelle over the Christmas or Thanksgiving holidays. Uncle George taught me that each person deserves to be treated with respect, no matter who they are or where they started in life. He taught me that we choose our lives and that it is OK to take risks, to make moves to new areas, and to try new things. That we are the "Captain of our ship." The course we set, the way we navigate dangerous waters, and who we have on our journey is largely up to us. Our family experienced great tragedy when his youngest son, Billy, passed away when only a boy. This made him appreciate life all the more and he never lost his faith.

I was very fortunate to have these good men as guides and navigators. Their love and wisdom will always be with me on my journey.

Mentors, Part 1

The filing period has closed and there will be three candidates on the June 8 ballot. Joining me in the campaign will be Randy Gephart and Therese Hankel. Therese has also been a friend for a long time. I called each of them and congratulated them on running. One of us will be entrusted by the citizens of Mono County with the honor and privilege of being Mono County's next Superior Court Judge.

I have given a lot of thought about my perspective and understanding of the law. My "world view" of the law is based in considerable part on the mentors that I was fortunate enough to learn from. Just as painters, musicians, and economists are shaped by their "schools" and mentors, lawyers also go through an apprenticeship process, either formally or informally.

My first mentor in the law was my father, George Magit. Dad loved the law and loved being a lawyer. He practiced for more than 50 years in Los Angeles helping many people with his wise counsel, good humor, and tenacious effort. He also loved life and most of all his wife, my Mom, Joan. My Dad and Mom had a condominium at Snowflower in Mammoth for many years. He loved fishing, hiking, walking the dogs, and spending the holidays in the High Sierra. He was an active member of the State Bar when he passed away on July 11, 2009, at age 79, after a terrible battle with cancer. I wish he was here now to help in my campaign, for he loved politics far more than I do. I know that he is counseling me and encouraging me every step of the way.

Dad encouraged me to become a lawyer and encouraged me to become a judge if the opportunity arose. He firmly believed that the law was what allowed our capitalist democracy to flourish and grow. He thought the practice of law was a high calling, and should be practiced with civility and the highest regard for ethics. He became dismayed when a less collegial and more "ends justify the means" approach seemed to become more prevalent in L.A. over the last 30 years or so. From him I learned that the law matters, and that the primary purpose of the practice of law is to help others. For that help a lawyer, like a doctor or any other professional, should be fairly compensated, but should never be greedy and should always keep the client's best interest in mind.

The practice of law is first and foremost about helping others by working within the law, behaving with courtesy, civility and competence, and doing the right thing. Every time. This is what he taught me. This is the standard I set for myself as a lawyer. This is how I will conduct myself as a judge if elected.

I miss him.

First Steps

This blog is a journal, and a forum for discussion, about my candidacy for Mono County Superior Court Judge. Judge Edward Forstenzer announced his retirement last month, requiring an election to fill his seat. The primary election will be held on June 8, 2010. Judge Forstenzer served Mono County for more than 20 years with distinction and dedicated service, and it will be a great honor to serve as his successor.

The first steps toward making the decision whether to run for judge in the June 8th primary election were: (1) making sure that I was running for Mono County Superior Court Judge for the right reasons; (2) learning how to get on the June 8th ballot and how to comply with the FPPC campaign disclosure laws; (3) developing a realistic campaign plan; and (4) assessing if I have a reasonable chance of making it to the November general election if I diligently follow the campaign plan. Having taken these steps, and consulting with my wife Dory, family, friends and colleagues (thanks all, for your time and ideas!), I filed my Declaration of Candidacy and the other myriad papers with Mono County Elections Clerk Linda Romero on Thursday, February 11, 2010. My hat is in the proverbial ring.

We will know by Wednesday who will be in the race. My friend Randy Gephart will be a qualified candidate. We both have been practicing law and living in Mono County since the late 1980's. So much has changed since I moved to Mammoth Lakes in 1987. I have lived in Mammoth, June Lake, and now reside with Dory and our three dogs in Crowley Lake. Living in the Eastern Sierra will bring some shared and common experiences to all of the candidates. However, each of the candidates has approached the practice of law in a very different way.

Our experience really matters. During the course of the election our experiences will be examined, and the differences discussed. But it is not just our experience, but what we have learned from it that matters. Our experience and our temperament informs and shapes our perspective, ability, and values. It is all of these things -- experience, perspective, ability, temperament -- and of course our commitment-- that will determine what kind of judge we would be. It will be up to the voters to determine which perspective, qualities, and temperament are best suited to adjudicate the diversity and breadth of matters that will come before the court in Mono County over the next decade and beyond.

This blog will be one forum to hold this discussion. I hope you find it informative and will ask questions and provide suggestions. I am looking forward to the campaign and hope to meet you on the campaign trail. More to come.