Judicial Profile: Department 33
Honorable Steven K. Austin

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Biographical Information

Date of Birth:

October 14, 1956

Place of Birth:

Sumter, South Carolina. Grew up in San Jose, CA

Education:

Bachelor of Arts, Communication Studies, University of California Los Angeles, 1978. Juris Doctor, Hastings, 1981

Pre-bench Legal Experience:

(1) Cole, Scott, San Francisco, CA 1981-1984, Plaintiff oriented personal injury practice; (2) Buresh, Kaplan, Jang, Feller & Austin, Berkeley, CA, insurance defense

Political Affiliation:

Republican

Judicial Experience

Appointed December 1998. First assigned to the Pittsburg Branch handling primarily the criminal calendar. Supervising Judge, Pittsburg Branch, 2000-2001. Family Law Judge, Pittsburg Branch, 2002. Current assignment is unlimited civil jurisdiction in the Martinez Branch.

Pre-bench Civic & Professional Activities

(1) Board of Directors, Protection Advocacy, Inc., a federally funded organization providing legal services to persons with disabilities, 1991 – 2000; (2) California State Mental Health Planning Council, 1996 – 1998. Association of Defense Counsel, Berkeley-Albany Bar Association.

Current Civic & Professional Activities

Access & Fairness Advisory Committee to the Judicial Council – 1999 to present. Currently chair of the Implementation and Education Subcommittee.

Continuing Legal Education Faculty

Judge Austin currently teaches an ongoing series of satellite transmission classes for the Administrative Office of the Courts. The classes train court staff to better assist self-represented litigants. Judge Austin has also taught on the faculty for the Statewide Conference for Court ADA Coordinators, and has served on a similar panel addressing regional court ADA-related issues. He has also served as faculty at the Courtroom Clerk Institute held annually at Stanford University.

Recent Publications

Various articles for the Contra Costa Lawyer.

Courtroom Policies

Judge Austin typically rules from the bench on motions. Judge Austin spends a great deal of time and effort analyzing the salient issues and preparing his rulings, and he places great weight on the papers submitted by the parties. If a tentative ruling is challenged, Judge Austin requests the parties to specify the issues to be argued when calling to contest the ruling and to limit their arguments at the hearing to those points.

Teleconferencing

Teleconferencing is allowed for case management conferences and O.S.C.s. with prior court approval. Judge Austin does not permit teleconferencing for law and motion hearings.

Motions

Motions should be prepared following all applicable rules of court and the Code of Civil Procedure.

Briefs

Judge Austin encourages parties to be as direct and concise as possible in their points and authorities.

Discovery

Discovery motions are typically heard by Commissioner Judith Sanders in Department 61. Judge Austin rarely hears discovery motions. If a discovery motion is set for hearing with Judge Austin, the Court requires and will strictly enforce the parties’ compliance with California Rule of Court 335 regarding the preparation of separate statements.

Settlement Conferences

Judge Austin enjoys settlement conferences, as they allow him to assist the parties to explore creative solutions to their disputes. Judge Austin requires clients and insurance carriers to be present for settlement conferences except with prior court approval.

ADR

See Settlement conferences, above.

In Limine Motions

Must be filed with the issue conference statement. The motions are usually heard in the morning on the day of trial.

Voir Dire

Questionnaires are encouraged and should be submitted with the issue conference as required by the Local Rules. Judge Austin is flexible in allowing counsel to orally voir dire the jury on issues relevant to the case.

Jury Instructions

All BAJI and specially prepared instructions are to be submitted with the issue conference statement.

Witnesses

Parties are encouraged to carefully review their witness lists to ensure the testimony to be offered is necessary and not duplicative. Witness lists must include brief, specific statements of expected testimony for each witness.

Sanctions

Judge Austin expects the parties and counsel to act professionally and to comply with all applicable rules of court. Judge Austin will order sanctions when appropriate, particularly for serious or repeated violations.

Documents

Exhibits are to be pre-marked. Counsel is admonished to lay the proper foundation.

Decorum

Judge Austin places great emphasis on establishing an environment that allows attorneys to effectively try cases and that ensures that clients feel they are being treated fairly.

Court Reporters & Translators

Certified translators are required. Follow Local Rules.

Computers in the Courtroom

No specific rules.

Audio-visual

Overhead projector and x-ray display available.

Cameras in the Courtroom

Case by case basis.

Advice

“Always behave in court as if your mother is sitting in the back row.”

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