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Curriculum Vitae

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Curriculum Vitae

LAW PRACTICE EXPERIENCE

     May, 1979 - present. Mediation, arbitration, tort litigation including serious personal injury, wrongful death, professional malpractice including medical, veterinary, and legal; elder abuse, public entity claims, products liability; and uninsured third party workplace, workplace harassment, structural pest control litigation plaintiff and defense; landlord-tenant torts, third party premises liability, some business torts, and equine law; substantial jury trial and appellate experience; criminal defense including serious felonies. 

JUDGE PRO TEMPORE AND ALTERNATIVE DISPUTE RESOLUTION 

     Independent Hearing Officer, Oregon Department of Human Services (2008-); Mediator, Marion County Circuit Court (2007-2008); Contra Costa Superior Court Judge Pro Tem Panel, EASE Program Evaluator (1993-2007), and Settlement Mentor (2002-2007); Small claims and traffic in all Alameda County Courts except Berkeley-Albany (1981-2007): civil court trials in Hayward; law and motion in Alameda and Oakland, criminal arraignments and sentencing in Alameda; Alameda County Bar Association Fee Arbitration Panel (1989-2007); Solano County Superior Court Domestic Violence Emergency Protective Order Judge (1994-1995), Arbitrator: Solano County Municipal Court (1994-1995), various privately retained mediation and arbitration in the areas of elder abuse, personal injury, and other tort litigation.

ADMISSION TO PRACTICE 
         State of California (1979)
       U.S. District Court (N. Cal. 1979)
       U.S. Court of Appeals, 9th Circuit (2002)
       U.S. Supreme Court (2005)
       State of Oregon (2008).

EDUCATION

      National Institute for Trial Advocacy, Diplomate, Fifth Advanced Session (1987), Boalt Hall, University of California, Berkeley. Full Scholarship recipient.
      Golden Gate University Law School, Juris Doctor (1978); Law Review.
      California State University at San Francisco, Master of Arts in Philosophy (1975). Thesis subject area: Linguistic Epistemology (Library of Congress).
      University of Virginia, Charlottesville, Bachelor of Arts (1971). Philosophy major, religion minor. Associate Editor, The Rapier.

PROFESSIONAL AFFILIATIONS

        Oregon Trial Lawyers' Association (2008); Oregon Mediation Association (2007-); Judge, American Bar Association National Appellate Advocacy Competition (2006); Member, Consumer Attorneys of California; Consumer Attorneys of Los Angeles; Alameda County Bar Association; Former member, Solano County Bar Association; Association of Trial Lawyers of America; California Trial Lawyers’ Association; Alameda County Bar Association Delegate to the Conference of Delegates to the State Bar Convention (1985, 1986, and 1988); Candidate, California State Bar Board of Governors (1986); Member, Alameda County Bar Association Legislative Committee (1984-1988), Subcommittee on Civil Procedure and Evidence (1986), Chairman, Subcommittee on Courts and Rules of Court (1984-1985); member, Criminal Justice Committee (1981-1982); Southern Alameda County Bar Association; Alameda-Contra Costa Trial Lawyers’ Association; Former member, California Public Defenders Association, National Lawyers’ Guild.

ACTIVITIES & RECREATION

     Polk County Sheriff’s Posse (2007); Santiam Flycasters (2007); East Bay Regional Park District Volunteer Mounted Patrol (1999-2006; Chairman, 2003); Alameda County Sheriff’s Posse (1999-2002); American Quarter Horse Association; Former member: Twin Pines Sailing Association; California State Horsemen’s Association; Ohlone Chapter, Back Country Horsemen of California; Board of Directors, Mental Health Association of Alameda County (1994-1997); President, Elms Homeowners’ Association of Hayward Board of Directors (1992-94); Treasurer, Oaks Homeowners' Association of Hayward Board of Directors (1989-90); San Leandro Chamber of Commerce; Lecturer, Alameda High School Speakers Program; Alameda Divers; Central California Council of Dive Clubs; Chabot Gun Club; National Rifle Association, California Rifle and Pistol Association; Rotary International; Santana One-Design Association. I own five horses, a tobiano mustang, an AQHA "running" mare, her filly, Starlight Babe, and her colt, Col. Lee’s Starlight, and a foundation QH gelding from Doc’s Remedy. Regular seasonal activities include horseback riding, rodeo work, free and scuba diving, spearfishing, sailing, bicycling, sturgeon fishing, boar hunting, competition riflery. Extensive sailing experience includes Trans-Carribean crossing, April, 1995, T.S. Soren Larsen Transatlantic Voyage, Nov-Dec., 1994; Runner-up, 1977 Cal-20 Nationals (SF Bay).

SIGNIFICANT APPELLATE CASES

      Donald R. Johnson v. Superior Court (Faddoul & Rosenthal) (2006) 143 CA4 297, 49 CR3d 52; Mathis v. Wanzo (2004) 2004 WL 1802201 (CRC 976); Patterson v. City of Livermore (1998) 64 CA4 206, 74 CR2d 815 (decert. 8/26/98); Conservatorship of Kevin M. (1996) 49 CA4 79, 56 CR2 765; Kirschenman v. Superior Court (Hammons) (1994) 30 CA4 832, 36 CR2 166; Soares v. City of Oakland (1992) 9 CA4 1822, 12 CR2 405; Lewis v. Edmonds (1987) 190 CA3d 1101, 235 CR 835; Knatt v. California State Automobile Association Inter-Ins. Bureau (1981) 123 CA3d 115 (decert. Oct./81).
OTHER CREDENTIALS

     California Secondary Teaching Certificate in Law, Philosophy and Religion; NAUI Certified Diver Rescue Specialist and Assistant Instructor; l977 Cal-20 National Championship Regatta Runner Up Crew.


REFERENCES


     Members of the California state and federal bench, bar, and others upon request; including the recommendation of the California Women Lawyers for judicial appointment.

CONTACT INFORMATION

McCarthy Law Office
1265 Highway 51
Independence, OR   97351
(503) 763-1888 phone
(503) 763-2888 fax
(510) 541-4801 cell
Email:  Caractacus@aol.com

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