Judicial Profile: Department 52
Commissioner Josanna Berkow

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Biographical Information
Date of Birth:
November 18, 1951
Place of Birth:
Baltimore, Maryland
Political Affiliation:
Democrat
Judicial Experience

Contra Costa Superior Court 1992 to present.

Presides in Department 51 of the Superior Court, a busy Family Law Department. Renders decisions in cases involving child custody and visitations, child and spousal support, marital property and debt division, paternity, domestic violence and District Attorney support enforcement matters.

Pre-bench Legal Experience:
California Deputy Attorney General, San Francisco, 1985-92: Criminal Appeals; Statewide Coordinator: Child Support and Child Abduction;
Federal Labor Relations Authority, San Francisco, Staff Attorney and Hearing Officer, 1978-85;
Staff Counsel to U.S. Senator Paul Sarbanes (Maryland), 1977-78.
Education and Honors
  • Outstanding Employer of the Year Award, Golden Gate University School of Law, 2001 and 2003
  • Contra Costa County Bar Association Pro Bono Award, 2001 and 2003
  • Member, Judicial Council Family Law Education Committee, 2000-2004
  • Member, Judicial Council Advisory Committee on Family & Juvenile Law 1998-2000
  • Member, Contra Costa Superior Court Strategic Planning Committee, 1999-present
  • Member, Contra Costa Superior Court Training Committee, 1998-present
  • CJER Family Law Institute Planning Committee, 1996-present
  • Certified Family Law Specialsit, State Bar of California, 1996-present
  • Chair, Contra Costa County Advisory Council Against Domestic Violence (ACAD), 1995-2003
  • Contra Costa County Advisory Board, Kid’s Turn, 1995-present
  • Contra Costa County Bar Assiciation, Family Law Section, 1991-present
  • Advisor, Uniform Child Custody Jurisdiction Act, Uniform Law Commission, 1984
  • Advisor, Judicial Council Family Law Committee on Child Support Guidelines, 1983-84
  • Chair, California Family Support Council Inter-jurisdictional Cooperation Committee
  • Chair, Sacramento Family Support Commission, 1983-84
  • University of Baltimore School of Law, J.D., 1977
  • American Jurisprudence Award for Advanced Criminal Procedure, 1976
  • Golden Gate University School of Law, 1975-76
  • Towson (Maryland) State University B.S. cum laude, Sociology, 1974
Faculty
  • Witkin Judicial College, Complex Custody 2003-present
  • California Center for Judicial Education and Research (CJER) Family Law Institute, 1994-present
  • National Council of Juvenile and Family Court Judges, 2004
  • Contra Costa County Bar Association Family Law Seminars 1993-present
  • American Academy of Matrimonial Lawyers, Symposium 2000
  • East Bay California Certified Public Accountants’ Association, East Bay Chapter, 1997-2001
  • Contra Costa Certified Public Accountants’ Association, 1997
  • Contra Costa County Psychological Association, 1996
  • State Bar of California: Family Law Section Institute, 1995
  • American Bar Association: Interstate Enforcement of Family Support, 1991
  • California Family Support Council, 1987-91
  • National Leadership Conference on Child Support: Types of Enforcement Programs, 1990
Important Published Decision(s)
In Re Marriage of Lehman, 18 Cal. 4th 169 (1998).
Recent Publications
“Court-Appointed Attorneys for Children,” in the Journal of the Center for Children and the Courts, Volume 1, 1999.
Courtroom Policies

Commissioner Berkow hears almost all cases as a judge pro tempore pursuant to the stipulation of the parties. A stipulation form is available in the courtroom. Commissioner Berkow generally rules from the bench or will issue written orders where appropriate.

There are standard case and trial management orders used in Commissioner Berkow’s department. Copies of these are kept in the courtroom and are available from the bailiff.

Teleconferencing
This is frequently used for status conferences. Commissioner Berkow believes that telephone case management saves counsel and parties time and money and helps insure that cases are ready for trial.
Motions
Motions are handled on the short cause calendars or in case management conferences.
Briefs
Commissioner Berkow suggests that counsel bring courtesy copies at least the day before hearing to the department. Sometimes pleadings are separated from the court file, and counsel would be well advised to bring extra copies of recent pleadings to the hearing.
Discovery
Commissioner Berkow strongly advocates informal discovery through case management conferences. Formal discovery motions are heard on short cause calendars.
Settlement Conferences
Commissioner Berkow believes settlement is, in most circumstances, a preferable outcome. She works hard with counsel and their clients to facilitate settlements. Four half days per week are devoted to settlement conferences. Approximately 90% of her long cause matters are resolved by agreement.
ADR
She strongly supports ADR applications in family law matters.
In Limine Motions
Generally, these are calendared through the case management plan.
Witnesses
Disclosure of witnesses is generally required via trial management order and local rules of the family law division.
Sanctions
Commissioner Berkow will sanction parties for unexcused failure to attend mandatory mediation at Family Court Services. Sanctions may also be imposed for unexcused failure to follow case or trial management orders.
Documents
All exhibits should be pre-marked and counsel should have an adequate number of copies for each party, the court, the court clerk, and the witness.
Decorum
The Commissioner strictly enforces rules of civility among all people in the courtroom at all times.
Court Reporters & Translators
Interpreters are available in domestic violence matters and in county support actions. The court provides the court reporter.
Computers in the Courtroom
The court provides a courtroom computer loaded with standard family law forms and support computation programs. Laptops are also welcome.
Audio-visual
A speaker phone is available for telephonic appearances when appropriate. Other equipment by advance arrangement.
Cameras in the Courtroom
Cameras are allowed within the discretion of the court and pursuant to the California Rules of Court with sufficient advance notice so the court has an opportunity to consider the request in advance of the hearing.
Advice
Be prepared and remember that your word is your bond. Commissioner Berkow welcomes attorneys and their clients who will be appearing before her to come and observe beforehand. She has an open door policy regarding courtroom procedures. An attorney should feel free to stop by and share any comments or concerns.

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