Judicial Profile: Department 4
Honorable Mary Ann O’Malley
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- Biographical Information
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- Date of Birth:
- October 17
- Place of Birth:
- Bend, Oregon
- Education:
- She graduated in 1982 from Mills College and Golden Gate School of Law in 1985
- Pre-bench Legal Experience:
- While in law school she clerked for the Contra Costa District Attorney’s Office, and became a Deputy D.A. after passing the bar. While at the D.A.’s office she handled a variety of cases, including homicide and sexual assault
- Political Affiliation:
- Republican
- Judicial Experience
- Judge O’Malley was appointed by Governor Pete Wilson in 1996. She has served in the Richmond, Mt. Diablo, Delta, and Martinez courts. Judge served as The Supervising Judge from 2005 – 2009 until her appointment to Presiding Judge in 2010.
- Pre-bench Civic & Professional Activities
- Served on the Dispute Resolution Board and the Child Death Review Team. From 1986 to 1996, Judge O’Malley taught extensively at Los Medanos Police Academy, the Reserve Academy and Dispatch Academy Where she taught in the areas of Crimes of Property, Crimes of Persons, search and Seizure and Courtroom Demeanor. She also taught Advanced Officer Training in the areas of Homicide and Search and Seizure. She also taught at Contra Costa College on topics such as criminal procedure.
- Current Civic & Professional Activities
- Serves as Chair of Court Training and education Committee. Served on the Judicial Advisory Committee. She is currently Chair of the Court Operations Committee and as Presiding Judge, chair of the Court Executive Committee. Judge O’Malley currently serves on the CJER Criminal Law Education Committee, the Trial Court Presiding Judge Executive Committee, and the Trial Court Presiding Judges Joint legislation Advisory Committee and the Trial Court Presiding Judges Advisory Committee on State Budget. Judge O’ Malley has also served on the Criminal Jury Instruction Judicial Advisory Committee.
- Continuing Legal Education Faculty
- Instructor on Homicide for CJER winter continuing Judicial Studies Program; Instructor for CJER at the judicial college and Seminar Leader.
- Recent Publications
- Trial Tactics, CDAA 3rd Edition, Opening Statements, Co-author.
- Courtroom Policies
- Attorneys should exchange jury instructions, witness lists. Be prepared to argue motions in limine. Documents should be presented at the outset if any issues are anticipated. Be prepared to try your case.
- Motions
- See In Limine below.
- Briefs
- Stay Away from boilerplate language.
- In Limine Motions
- Written motions in limine not necessary, but be prepared to argue them.
- Voir Dire
- Time for voir dire varies case by case.
- Jury Instructions
- Attorneys should submit to the Court at the outset of trial. People submit to defense counsel at outset of trial. Defense submits to People at conclusion of People’s case.
- Witnesses
- Attorneys should submit a list to the Court at outset of trial. Be ready to call consecutive witnesses, on day two of trial, with no down time.
- Sanctions
- Rarely.
- Documents
- Each morning of trial, counsel should come early, show to opposing counsel all documents for that day and have the court mark the documents. All evidentiary issues should be resolved before the start of trial.
- Decorum
- General professional decorum.
- Court Reporters & Translators
- If an interpreter is needed, resolve early with the court clerk or attorneys should take care of it themselves.
- Computers in the Courtroom
- While the courtroom isn’t equipped for Powerpoint, Judge O’Malley will help in providing whatever assistance is necessary to facilitate such a presentation.
- Audio-visual
- Same as above.
- Cameras in the Courtroom
- Evaluated on case by case basis.
- Advice
- Judge O’Malley has given up giving advice!.
