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Judges with BVM Roots Act with Integrity, Compassion
by Karen Conover, BVM |
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Ellen Carroll “I continually see people in distress, people who are before me because they have lost a job, or are ill, or have recently been divorced.”
Rosemary “The current political system does not seem to care if a person can change, and so has little investment in rehabilitation or re-entry programs.”
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“All rise.” “Yes, Your Honor(s).” “May it please the Court.” Familiar requests to those of us who have watched courtroom dramas, and very familiar to two former BVMs, both San Franciscans, who after spending some time in the BVM community, decided that they were called to a different way of life. Rosemary Phipps Pfeiffer and Ellen Carroll, St. Paul's and St. Philip's parishes respectively, had no thought of these magisterial commands when, after finishing at St. Paul's High School, they entered the BVM Novitiate at Guadalupe College in 1965. Rosemary withdrew before being received as a novice and returned to San Francisco where she began her studies in political science. Ellen finished the novitiate and was professed, teaching as a BVM for several years at St. Ignatius School, Chicago, before returning to the West and studying law at night. Law School and Practice These four years of night classes were “more drudgery than challenge” for Ellen as she worked full time during the day doing research and drafting pleadings in the legal department of a large California bank. It was at this bank that bankruptcy law began to fascinate her, and after her graduation from law school, she clerked for a bankruptcy judge, and then practiced bankruptcy law for 17 years, all in San Francisco. In 1998, Ellen was appointed by the judges of the Ninth U.S. Circuit Court of Appeals (which covers the nine western states) to a 14-year term in the United States Bankruptcy Court in Los Angeles. She is currently one of about 325 federal bankruptcy judges in the United States. While Ellen was getting her law degree, Rosemary, after earning her Bachelor's Degree in political science, finished law school at Jesuit University of San Francisco and began private practice in San Mateo County, just south of San Francisco. In 1987 she became a full-time Court Commissioner in family law and three years later was elected as a Superior Court Judge for the State of California. The phrase “my best experience and my worst one” describes Rosemary's running for office against three male attorneys in a position that had no incumbent. She had done her own fundraising to the amount of $40,000 and taken out a $35,000 loan, so she “bought her own independence.”1 She feels that campaigning and meeting constituents was a valuable experience, “actually fun” and gave her additional perspectives helpful to her career. She will retire in 2011 and does not feel that elections in the county until then will be a problem because “incumbents are virtually assured of re-election unless they have been grossly negligent.” As a California Superior Court Judge for the County of San Mateo, Rosemary handles most of the conservatorship cases, is a probate judge in family court, and works with criminal domestic violence (misdemeanors) one day a week. She is grateful that she is not a trial judge because with mandatory sentencing in California, little or no discretion is left to judges, creating some depressing situations. “It is hard to reconcile victims' and victim's families' rights with the rights of offenders,” she explains. “The current political system does not seem to care if a person can change, and so has little investment in rehabilitation or re-entry programs.” Judgeship Preferred Both Rosemary and Ellen readily admit that being a judge is far better than being a lawyer. There are no phone calls from clients, no time sheets to keep, and, as Rosemary said, “there is someone in the courtroom to keep order.” Ellen, on the other hand, definitely uses her eighth grade teaching skills to keep order in her courtroom, especially the “eighth grade glare.” Ellen noted that if the guards in the federal courthouse, which houses District Judges, Magistrate Judges and Bankruptcy Judges, discover a person carrying a weapon, chances are high that he is on his way to the Bankruptcy Court. “I continually see people in distress, people who are before me because they have lost a job, or are ill, or have recently been divorced. On the other hand, if there is a bankruptcy scam to be had, it is likely it will be created in Los Angeles. One part of my job is to figure out who is a scam and who is legitimate.” BVM Education Helps Both women give high praise to Rosemary Sage, BVM (Michael David) for helping develop their strong writing skills. “And all those endless lessons of diagramming sentences in the Voyages in English series while at St. Philip's have really made a difference,” said Ellen. In addition, Rosemary credits her extra-curricular speech and debate club under Dorothy Gaffney, BVM (Irene Patricia) for enabling her to “think on her feet—or on the bench.” Why choose a career in law? Rosemary thought it would be an interesting profession because of the power and status that seemed to attach to it and “mistakenly” believed it would be easier than being a medical student. “I found that I ‘grew into' the profession and it seems like a good fit for me.” When Ellen was teaching in Chicago and was involved at parent meetings or with neighborhood groups dealing with social justice issues, she was impressed that the lawyers were very articulate and had the most interesting solutions to the problems at hand. “I thought that it would be great to possess that set of skills, although, at that time, I didn't really intend to become a practicing lawyer.” Rosemary hated law school, but both agreed the experience changes how a person thinks, making one very analytical. They find it quite natural now to ask questions, almost to cross-examine another person, in or out of the courtroom. “It's about information gathering. You know what you need to know. So the impulse is to say, ‘Let's cut to the chase' or ‘And your point is….?'” Challenges Abound The challenges can be daunting. Both women find an increasing number of persons who bring their cases without benefit of a lawyer. Ellen estimates that about 40% of the bankruptcy cases are “pro se,” while in family court, it may reach 70% who are “pro per,” short for ‘in propria persona.' Therefore, it is difficult in these situations not to try the case for the person, but simply to hear the evidence as presented. “You are not there to give them legal advice,” Ellen noted. “The system is not designed for a lay person to represent him/herself,” Rosemary admitted, “but increasingly those in the middle class are priced out of legal counsel. “Either they are not able to afford a good lawyer, or they make too much to be qualified for legal aid. There are never enough lawyers who offer their services pro bono.” Other problems include language, particularly in California. In this state, all criminal courts must provide interpreters, and in family court, those involving domestic violence as well. Rosemary described a project called “Civil Gideon,” which is working to change the law so that civil, i.e. non-criminal, litigants have a right to have a lawyer. Money is the big issue here, and it may be decades before such a system is in place. This would make the system fairer. What do they like best about being a judge? “It's the best job in the world,” said Rosemary. “I like the variety. I always wonder what will happen in my day. It is a way I can exert a positive influence, believing that acting with integrity and compassion can make a difference. It is important that people are treated fairly.” Ellen doesn't feel that her work is like a job. “So many people think they haven't been heard. I attempt to create an atmosphere in which they can make their case and feel that they have had their day in court, even if they lose.” Endnote: About the author: Karen Conover, BVM teaches chemistry at Holy Names High School, Oakland, Calif., and volunteers in music ministry at San Quentin State Prison. Karen, Rosemary and Ellen entered the BVM congregation together. Return
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