Nice Guys Finish First
Understandably eclipsed in the wake of Ronald George's retirement and Tani Cantil-Sakauye's nomination to take the reins as chief justice, was another similar announcement. Third District presiding justice, Arthur Scotland, is also retiring. As anyone who has ever argued before him can tell you, Scotland is the epitome of a gentleman. No matter how hectic the calendar or how far afield the oralist wandered, Justice Scotland was always patient and thoughtful. He delivered even the most skeptical questions with respect, never disdain.
Scotland has been captain of the ship at the Third District since 1998. His last day will be September 17. But his exemplary legal career is only part of the story, here is a sample from the Court of Appeal website:
"Active in his community, Justice Scotland was named Humanitarian of the Year in 2002 by the Sacramento County Bar Association for his volunteer work on behalf of the Sacramento Children's Home, a residential and treatment facility for abused and neglected children. He also received a Community Service Award from the Center for Youth Citizenship for his volunteer work helping to educate school children about our legal system . . . In 2005, he received a public service award from the American Board of Trial Advocates, Sacramento Valley Chapter, for 'having tirelessly given his time and effort to make the community we live in a better place for those less fortunate and in need.' In 2007, the University of the Pacific, McGeorge School of Law, presented him with its Volunteer Leadership Award. And in 2008, Friends CARE (Children in At Risk Environments) honored him with an award for his 'continued support of the children left behind.'"
Wow.
Arguing in the court of appeal up and down the state, one collects many anecdotes. The one I remember most about Justice Scotland is this: last summer, while I was waiting to argue as respondent, the panel was becoming impatient with appellant's counsel's long-winded start. Justice Scotland waited for counsel to take a deep breath, and then ever so gently, focused the issue: "Well counsel, your suit stands or falls on the statute of limitations, right?" Taking the cue, counsel got to what really mattered.
Of course, during any stint as presiding justice there will be critics. Others can write those stories. The appellate bench and bar will sorely miss a true gentleman and fine jurist. One thing will remain, Justice Scotland's legacy: Nice guys finish first.
