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By Jonathan Hayes
I had such an enjoyable 90-minute chat with Judge Valerie Salkin in her chambers at Van Nuys Superior Court West, Department U. She laughs easily, with a happy energy that permeates the room, immediately puts you at ease. With her permission, I have gained a new friend for life.
Judge Salkin is a third generation Los Angeles resident. She proudly told me she is the daughter of Avram Salkin, tax attorney extraordinaire since 1960. “My dad just retired last year at age 89 from his law practice with Hochman Salkin,” she exclaimed, seemingly a little in wonder herself. “He really loves tax law,”
“And I loved to listen to him talk about it. Even when we were small children, he spoke to my brother and me like adults.” She recalled asking her dad at age 8 what a tax shelter was. “He had a way of making it simple and related it to keeping my allowance. He’s very understated… the opposite of my mom,” she said, laughing. “My mom was very outgoing and social. She had a Master’s Degree in Social Work and spent her life active in the local and Jewish communities. She was President of Hadassah, and President of Sinai Temple Sisterhood. She gave tours of the Beverly Hills Court. She served on the Cedars Sinai Board of Governors, which she adored, until her death.”
After attending the Westlake School for Girls, now Harvard-Westlake, Judge Salkin attended the University of Michigan where she graduated in 1988 majoring in political science and English.
“Why Michigan?,” I asked.
“I wanted to go out of state, relax, have a social life, experience seasons…and interact with boys!” She effused, “Ann Arbor was great! I loved every minute of it. College provides new experiences to help you figure out who you are. I cherish my college friends and sorority sisters, many of whom remain in my life today.”
She remembered a few of her professors, including Carl Cohen, who taught logic. She recalled Prof. Carolyn Balducci, who invited her to her home, and inspired her not to go straight into law school. “Carolyn became a good friend. She had a huge influence on me. She was so creative and fun,” Salkin recalls.
When she graduated from Michigan, she went to Washington, D.C. to work “on the Hill” for Representative John Dingell from Michigan, after meeting him by chance at a barbeque. He was Chairman of the Energy and Commerce Committee and he hired her to work on his Oversight and Investigations Subcommittee.
“I was a staff assistant, a glorified receptionist, making $15,000 a year, which felt like a fortune. Things were less partisan back then and I made friends with staffers from both sides of the aisle. I loved it!”
After a year in Washington, it was time to come home.
“Part of me always knew I would like to be a lawyer. I have always loved learning, loved reading, loved justice,” she explained. She returned to Los Angeles to attend the USC Gould School of Law.
Judge Salkin recalled with a smile Dean Scott Bice, her 1L Torts Professor. “I wanted to be like Dean Bice. He always knew the right thing to say.” And Prof. Charles Whitebread, the renowned criminal law expert. “I took every class of his.” She recalled them being smart and funny and passionate about their work. “Both were inspirations,” she recounted.
Later, while waiting for the bar results, Judge Salkin volunteered for the Clinton-Gore campaign and was hired by the Democratic Party. There, she met then-Board of Equalization Member (now Congressman) Brad Sherman, who hired her as his deputy legal counsel as soon as bar results were announced. When Sherman was elected to Congress in 1996, Salkin elected not to return with him to D.C.
Instead, she joined the District Attorney’s office in 1997 as a prosecutor, where she spent 13 years. Her last three years were spent in the Hardcore Gang Unit, in which all her cases were gang murders. As part of that job, in addition to the police investigations, she did her own legwork. She personally visited crime scenes, took photographs from helicopters, attended autopsies, and interviewed witnesses. She received hands-on weapons training, learned how methamphetamine is manufactured, and learned how to read gang graffiti.
“As a gang prosecutor, the issues are intense,” she said. “There are often legitimate concerns about witnesses being threatened, or even killed. If you’re serious about the job and you work hard — which I did — being a gang prosecutor can be all-consuming.” She tried over 100 criminal cases to jury verdict as lead counsel.
It was Judge Robert Perry who invited her into his chambers after back-to-back murder trials and suggested to her that she should join the bench, telling her she would make an excellent judge. And with her desire for a healthier work-life balance, Judge Salkin decided to run for Superior Court Judge in 2010. After her primary election victory, she sought and obtained an interim appointment from Governor Arnold Schwarzenegger. Judge Perry swore her in.
Her first years on the bench were spent hearing criminal cases in the downtown Metro division. She later transferred to the Santa Clarita and San Fernando courthouses, where she continued to preside over a criminal calendar.
After seven years hearing exclusively criminal matters, Judge Salkin made what she called “a life-altering decision” to move to the civil side of the bench. She began in a collections court in Chatsworth and navigated to Van Nuys after a few months. “Judge Huey Cotton got me the Van Nuys job. And for that I will be forever thankful. The Van Nuys bench is collaborative and collegial. I am lucky to work with great colleagues.”
She said that having spent her legal and judicial career handling criminal matters exclusively, she was not sure she should make the change to civil. Three judges convinced her that she could and should: Judge Lisa Hart Cole, Judge Lloyd Nash and the late-Judge Alan Rosenfield. Judge Rosenfield told her “You belong in civil. It’s a constant intellectual challenge. You will love it and will be good at it!”
Her nine years hearing civil cases in Van Nuys include 4 years as a civil trial judge. After that, for the past five years, she has presided over an unlimited jurisdiction Independent Calendar (IC) court. “So, how do you like it?” I asked. “I love it!” she said. “I appreciate the opportunity to learn about a broad range of issues. It’s the honor of a lifetime.”
She said that the most difficult part of switching from a criminal to a civil assignment was mastering civil procedure. “The discovery conflicts don’t come up often in criminal cases,” she said. “In criminal the prosecutor must share everything, ideally without being asked. There is far less ‘hiding the ball’ there.” As to civil procedure, she made herself a promise that she would never fake it. Whatever she had to do to learn her new assignment, there would be no shortcuts. “I worked really hard to learn civil procedure,” she recalls. She believes that better verbal communication between lawyers would help to facilitate better discovery exchanges.
I asked her if it’s true that as a civil IC judge she really has an inventory of 1,200 cases. “Yep,” she said looking it up. “I’ll give you the exact number. A couple of months ago I had 1,250 cases but I have worked hard to get it down to 1,067 as of today.” She said she has been less inclined than in the past to continue trials because she is trying to get her total caseload down. “It feels like treading water. Sometimes, the case load is crushing. Lawyers don’t realize how busy we judges are. I work nights and weekends regularly.”
Judge Salkin provides tentative rulings a day or more ahead, sending them directly to counsel through her staff. “I want to give the parties a chance to prepare a little better.” She rarely takes matters under submission. She works on the statement of decision immediately after a trial is over.
She commented that it’s unfortunate that young attorneys seem to have a disconnect since COVID changed the legal landscape. “There is less opportunity to personally interact with other lawyers in the courtroom and out in the halls. Young lawyers don’t get to watch talented and experienced lawyers argue motions and try cases.” She also expressed concern about the local rules that do not require lawyers to have their cameras on during hearing. She strongly prefers to be able to see the person she’s speaking to. “Get dressed and turn on your camera,” she said.
I asked Judge Salkin if she had any other practice tips for lawyers who appear in front of her. “Be on time. Be prepared. Know your local rules for each courtroom. Use the case management statement to educate your judge.” She commented that many CMC statements are filled with long formal statements that appear to be copied from something else. She laughed and said, “I wish more statements simply started out with ‘this is a car accident. Defendant went through a red light.’ Two or three sentences telling me what the case is about helps a lot. ‘See opposing counsel’s statement’ does not serve your client.”
Judge Salkin noted that she doesn’t hear many discovery motions because she is adamant that counsel actually speak to each other (and then to her) after email exchanges do not work. She said she is often surprised by lengthy email strings that apparently the parties did not review before attaching them to discovery motions. “Often, I see inappropriate language and insults strewn through the messages. I tell lawyers, don’t be afraid to pick up the phone. I believe when they do that, 90% of the time they work it out.”
What about demurrers?
“There are way too many demurrers,” she said. “I realize sometimes you have to demur when the complaint is unintelligible or punitive damages are improperly alleged. But often the defendant is just giving the plaintiff an opportunity to fix the complaint and tip off the Plaintiff as to the defense strategy. And for Plaintiffs’ counsel, please don’t waste our time demurring to an answer!”
Trials?
“I love jury trials,” she smiled. “Although many participants are more long-winded than necessary.” She added, “Lawyers should keep an eye on the jury at all times, and don’t hide the ball. If they are glaring at you, you should consider changing your strategy or cutting off questioning.” As to jury selection, she noted that the more experience an attorney has, the fewer peremptory jury challenges they tend to use. She permits jurors to question trial witnesses, although she requires jury questions to be submitted in writing so that counsel can object before the questions are asked.
As we finished Judge Salkin introduced me to each of her courtroom staff. “My success is due in large part to my extraordinary staff. They make me look good and I am thankful for all three of them.”
Her staff includes Judicial Assistant Roxana Duron, who was honored as the Los Angeles County Judicial Assistant of the Year two years ago. Liza Vince-Cruz, who attended law school in the Philippines, and who is one of Van Nuys’ most senior employees, is her Courtroom Assistant. Her research attorney, with whom she speaks daily and discusses “nearly every contested motion,” is Elijah Sims. “Someone will be lucky to get him after I retire,” she adds.
When she’s not working, Judge Salkin is traveling with her long-term partner and with friends. She has visited all seven continents and nearly 70 countries. Next up is an African safari, her second. She enjoys hosting dinner parties, dining out, mah jongg, her monthly book group of a dozen years, and her dogs. She volunteers regularly at a local animal shelter.
The San Fernando Valley is fortunate to have a judge who is as dedicated and engaged as Judge Salkin. She is a worthy recipient of the SFVBA Judge of the Year Award. Please join us in celebrating her at Judge’s Night on May 14.
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