Judicial Profile: Department 17
Honorable Barry P. Goode

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Biographical Information

Date of Birth:

April 11, 1948

Place of Birth:

New York City

Education:

Harvard Law School, 1969-72
Kenyon College, 1965-69

Pre-bench Legal Experience:

• Legal Affairs Secretary to Governor Gray Davis, Sacramento, CA (February 2001-November 2003)
• Attorney, McCutchen, Doyle, Brown & Enersen, San Francisco, CA (1974-2001)
• Special Assistant to Adlai E. Stevenson, III, United States Senate, Washington D.C., (1972-74)

Political Affiliation:

Democratic Party.

Member of the Bars of

California, Massachusetts, United States Supreme Court, Sixth and Ninth Circuit Court of Appeals, Various United States District Courts

Judicial Experience

November 2003 to present.

Current and Selected Pre-bench Civic & Professional Activities

• Nominated to Ninth Circuit Court of Appeals by President Clinton (1998, 2000, 2001)
• Member, American Law Institute (elected 1995)
• Member, Access and Fairness Advisory Committee of the Judicial Council of California (2004- )
• Member, Blue Ribbon Panel of Experts on Arbitration Ethics (2002)
• Member, Magistrate Judge Selection Panel for the United States District Court for the Northern District of California (2000)
• Member, Board of Directors, Coro Northern California (1997 to 2003; President, 2000-2001)
• Founding Member, Executive Committee of the Environmental and Water Law Section of the Bar Association of San Francisco (1987-1990)
• Adjunct Professor (Environmental Law), University of San Francisco School of Law (Spring and Fall semesters 1981)
• Expert Panelist, Governor’s Commission to Review California Water Rights Law (1978)
• Elkins Family Law Task Force (2008 – current)

Continuing Legal Education Faculty

Faculty, B.E.Witkin Judicial College (June 2005 - present).

Recent Publications

Books and Law Reviews

• Co-Author, Federal Litigation Guide, Vol. 1, Matthew Bender & Co., Inc.(1985) (Author of original versions of chapters entitled “The Mechanics of Motion Practice” and “Voluntary Dismissals and Dismissals for Failure to Prosecute”)
• Religion, Politics, Race and Ethnicity: The Range and Limits of Voir Dire, 92 Kentucky Law Journal 601 (Spring 2004)
• A Legislative Approach to the Protection of Sacred Sites, 10 Hastings West-Northwest Journal of Environmental Law and Policy 169 (Spring 2004)

Poetry

“I Am Looking Down, But Things Are Looking Up” and “Reflections on Gravity Induced by an Unintended Dismount” in Rain on the Sage, Buckeye Canyon Press, Bridgeport, California (2003)

Courtroom Policies

(Judge Goode is sitting in the family law division. These policies apply to his current assignment.)

Check-in

Judge Goode has morning calendars at 8:30 and 10:00; afternoon calendars at 1:30 and (at times) 2:30. Cases are generally called on a first-come, first-served basis, but both sides must be present before the bailiff will tell the judge the case is ready. Other things being equal, Judge Goode tries to dispose of quick matters first so parties are not kept waiting for only a brief appearance. Judge Goode likes to start his calendars as promptly as possible. Counsel should be in court on time.

Case Management

Judge Goode believes in active case management. As soon as reasonably possible, he likes to determine what pre-trial work remains so reasonable settlement conference and trial dates can be set. Judge Goode disfavors trial continuances absent good cause.

Combining Appearances

If you have two matters scheduled within a few days of one another (e.g. an Order to Show Cause and a Case Management Conference) the judge encourages you to call it to his attention (if in open court) or to present a stipulation so the appearances can be consolidated, if possible, saving the attorneys an extra trip to court.

Trial Estimates

Attorneys should be prepared, at case management conferences, with careful estimates of how much time it will take to try their case—and why. Space on Judge Goode’s trial calendar is limited. Trial estimates must be realistic.

Settlement Conferences

Judge Goode believes time spent in settlement conferences is time well invested. But the parties must come prepared to resolve matters. See below.

Trial

The day of trial is not a time to start talking settlement. Judge Goode expects the parties to be ready to give opening statements promptly at the time set for trial.

Substitution of Attorneys

If you are substituting into a case, be sure to file the appropriate Judicial Council form before making your appearance.

Requests for Continuance

Follow Local Rule 12.4.E. Any request for a continuance should be in writing, preferably signed by both sides. Counsel should indicate dates on which they are not available for a continued hearing.

Teleconferencing

Judge Goode generally permits telephone appearances in cases in which (a) the matter is perfunctory, such as a case classification conference or (b) the party is geographically remote and a personal appearance is not necessary. Persons wishing to appear by phone should seek permission from the courtroom clerk in writing with a copy to opposing counsel or the unrepresented pro per litigant. If a person receiving a copy of such a request objects to the telephone appearance, he or she should notify the courtroom clerk immediately in writing with a copy to the other side.

Motions

Judge Goode reads all papers timely submitted to him. He generally does not consider papers that are not filed on time; indeed, they are unlikely to be in the file when he reviews it. Be familiar with Code of Civil Procedure §1005 and Local Rule 12.4.F.

Memoranda and declarations should focus tightly on the facts of the case and the relevant law. Reason is more persuasive than ad hominem attack. Deal forthrightly with law or precedent that is unfavorable or distinguishable. At oral argument expect to be asked about the weaknesses of your position and the strengths of the opposition. The judge generally rules from the bench.

Judge Goode follows the Family Law Division’s tentative ruling system.

A tip: Submit a proposed form of order with your moving or opposing papers.

Briefs

Trial briefs should be clearly organized. Itemize each issue to be decided and marshal the law and facts that support your position with respect to that issue.

Discovery

Judge Goode believes there should be full and complete compliance with the discovery statutes. Just about every case has some bad facts. Get them (and the good facts) on the table and deal with them early. Cooperate in discovery. If a motion to compel is required, the losing side should be prepared to explain why sanctions should not be imposed. See e.g. CCP §S 2030.300(d), 2031.310(d.).

Settlement Conferences

Parties should comply fully with the local rules and the Case Management Order if one has been issued. Judge Goode reads the settlement conference statements carefully. He finds them most helpful when they list all issues that remain and describe each party’s position on each issue.

Judge Goode believes that parties usually prefer to settle rather than endure the financial and psychological expense of trial. He is prepared to work with counsel to help the parties find common ground. But counsel must be prepared. Do not come to the settlement conference without having first exchanged offers and developed an understanding of the issues that are preventing the parties from settling.

ADR

ADR is very important in family law. See the local rules.

Witnesses

You should bring your witness list to the Case Management Conference so the parties and the court can have as clear a time estimate as possible. At trial, witnesses must be treated with due courtesy. Counsel should have their witnesses lined up and ready to go so there is no “down time” between one witness and the next.

Sanctions

If the law requires it the judge will impose sanctions. See, e.g. CCP §S 2030.300(d), 2031.310(d), Fam.C. §271.

Documents

Judge Goode asks lawyers to work with the courtroom clerk to pre-mark (i.e. put exhibit tags on) documents well before they are first introduced. There should be little or no time wasted doing that kind of clerical act during a trial or long-cause hearing.

Decorum

Judge Goode insists on courtesy, civility and decorum; and virtually all the attorneys who have appeared in his courtroom comport themselves in that manner.

Lawyers should not interrupt one another or a witness. If a response or motion to strike is in order, Judge Goode will hear it.

Court Reporters & Translators

Judge Goode asks lawyers, witnesses, and parties to remember that court reporters and interpreters have a tough job. Speak clearly, don’t interrupt another speaker and try not to speak too fast.

Computers in the Courtroom

Judge Goode takes notes on his laptop during hearings and trials. He also has access to Lexis- Nexis so if you cite a case that was not in your papers he can look it up. (But why wasn’t it in your papers?) Counsel are free to use laptops in court.

Advice

Be familiar with the Local Rules and do unto others as you would have them do unto you.

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