Latest / Asked & Answered - your community podcast for all things legal / Conversation With Judge Deer - Part I
Transcript
- 0:00Kierstin: So this is where our stories diverge because so it's so crazy because I kinda have some similar story, and we've never shared this. We've never talked about this at all. Yeah. So the thing is here, what I've learned today is if you want advice about this, you send them to Elaine. You don't send them to me.
- 0:25Hey, everyone. Welcome back to Ask and Answered. I'm Kirsten Anderson, and today's episode is gonna be a little different, but just as great. My usual partner in crime, Elaine Breenlin, is out this week, but I've got an incredible guest joining me today. Please welcome Presiding Judge Dear.
- 0:41Today, we're gonna step away from the bench and get to know the person behind the rope, asking the kinds of questions you don't usually hear in the courtroom. Judge Deere, thank you for joining me today.
- 0:52Judge Deer: Great to be here on Asked and Answered.
- 0:54Kierstin: So, as I mentioned to the audience, I was gonna just talk about yourself a little bit. So I guess the first question that I had was, what led you to become a judge?
- 1:07Judge Deer: It's a long journey, but it all started, believe it or not, when I was a teacher's assistant at a middle school.
- 1:13Kierstin: So you were a teacher first?
- 1:15Judge Deer: No, I was a teacher's assistant.
- 1:17Kierstin: Oh, okay.
- 1:18Judge Deer: And I'd go around helping the kids, and at one point I said, Wait, I can do this. Because the teacher gave me a group of students to work with, and the teacher let me go and use the whiteboard and I felt good, I felt confident. And then finally, I got my degree in political science, but what can you do in political science? And so, but all they required was you have to have a bachelor's degree. And so I enrolled in a teacher credentialing program.
- 1:49And this was in LA Unified School District back in 1999.
- 1:54Kierstin: And where did you go to get your bachelor's?
- 1:57Judge Deer: Bachelor's at Cal State Long Beach.
- 2:00Kierstin: Okay.
- 2:00Judge Deer: Go 49ers, any 49ers fans out there. So I got that and then eventually was doing TA ing for that moment and then finally
- 2:11Kierstin: And when you say TA ing Teacher assistant. Okay, okay.
- 2:14Judge Deer: And finally we went to, They assigned me to a class and the teacher was leaving and they said, Mr. Dear, do you wanna take over this class once you graduate? And I said, Let's do it. And so I went ahead and took over that class and the rest is history. Ten years teaching in middle school.
- 2:37Kierstin: Okay. So, well, let me back up just a little bit. So you said, because I had said, What led you to become a judge? So then you talked about your teaching stuff.
- 2:46Judge Deer: Yeah, it all started there.
- 2:47Kierstin: Okay, it all started there. But before you start jumping in on that, where did you teach school?
- 2:53Judge Deer: At Nimitz Middle School. It's in Huntington Park, California, which is an outskirt of suburb of LA.
- 3:00Kierstin: Okay.
- 3:01Judge Deer: So you can see Downtown LA from, that's how close we were. And in fact, that's where I graduated, middle school, was from that school,
- 3:10Kierstin: So you grew up in the LA area?
- 3:13Judge Deer: Yeah, that's a whole story in and of itself. Back in the '50s, my grandparents, the late Jasper Baptisto and Daisy Baptisto, they had an opportunity from the government to check which area they want to reside in, and the government was gonna set them up with housing and a job. And it was LA, the Bay Area, Denver or Chicago or Phoenix.
- 3:40Kierstin: Okay.
- 3:41Judge Deer: And my grandparents picked LA. And a lot of community members back then picked LA also. And that's where I ended up I was born there back in the '70s, born and raised, but ever since I was small, I can always remember coming back to the community here at Salt River, even back in the '70s on our vacation time. And we'd spend the three day weekends here and our vacation here. And my grandparents eventually moved back.
- 4:13And so that's how I know the community since the '70s. But we go back to LA, but we always consider Salt River our home. So we go back and forth. And then finally, that's how I was born and raised in LA. And the middle school I talked about, that's why I went to middle school.
- 4:30Kierstin: That's awesome. What grades did you teach?
- 4:34Judge Deer: Sixth, seventh and eighth.
- 4:36Kierstin: Okay.
- 4:36Judge Deer: English language, also Spanish courses, I'm fluent in Spanish and I learned Spanish on a church mission for two years in Argentina.
- 4:47Kierstin: Wow, you went to Argentina?
- 4:49Judge Deer: Yeah, 1992 to 1994. And I just kept my Spanish ever since then.
- 4:53Kierstin: So you were there for two years? Right. Okay, wow, that's
- 4:56Judge Deer: very cool. That's where I picked up Spanish and so now I've been using Spanish ever since. And so when I start teaching, LA Unified has huge immigrant population, and so I had some of those students and we taught in Spanish. So I was really grateful to teach in another language. And as I became a teacher, in 2008, the tribe, the community, there was a posting for a juvenile court judge.
- 5:27Kierstin: Okay.
- 5:27Judge Deer: And they were looking for somebody who had experience working with juveniles and working with the youth. I had tons of experience. So I said, well, it's a long shot. Let me put my application in. And finally, I went through the interviews, background check, and I said, wait, this might be a possibility.
- 5:46And believe it or not, I wasn't even hired yet. I was hired in February 2009 as a juvenile court judge for Salt River. But we moved to Arizona in January 2009. Not having a job, just saying, We're just gonna go there and it looks good, but if I'm not hired, I can always teach. So we came here in 2009 for one month.
- 6:12I'm checking my email every single day from the tribe and finally they said, Congratulations, you've been hired as a juvenile court judge.
- 6:19Kierstin: Wow.
- 6:20Judge Deer: And that's how I became a judge for Salt River.
- 6:23Kierstin: So you have been a judge since 2009 in the community, or what does that look like?
- 6:28Judge Deer: Right, 2009, February, and I was appointed back in February 2009 all the way till May 2013. Then in 2013, I went back to middle school teaching for Mesa Public Schools. But during that time, I was a pro temp judge for different various tribes. So I kept my judicial skills up to date and back in June 2017, I saw another position for an associate judge here at Salt River. So I reapplied and I was reappointed by Tribal Counsel in June 2017, and ever since I've been there since then.
- 7:09Kierstin: Okay, and then when did you become the Presiding Judge?
- 7:12Judge Deer: That position came at the retirement of former presiding judge, Judge Asian. She retired after many years on the bench, and then tribal counsel picked me and appointed me back in June 2024.
- 7:28Kierstin: Okay.
- 7:29Judge Deer: And I can't believe it's already been over a year.
- 7:31Kierstin: I can't either. Actually, when you just now said that, was like, Oh my gosh, it's been a year so far. What is the difference between a presiding judge and an associate judge?
- 7:40Judge Deer: So, there are three titles at Salt River Courts. There's presiding judge, who oversees the judges and cooperates and collaborates with the court administration. So that's one title. The other title is the Associate Judge. Those are for non licensed attorney judges.
- 8:01Usually those are for community members. And then there's the Licensed Associate Judges. Those are attorneys who have their Juris Doctorate degree and licensed by a state bar. And so those are the three titles, Presiding Judge, Associate Judge, and Licensed Associate Judge. But we all go by judge.
- 8:22Kierstin: Right, okay. And then, but as presiding judge, have more responsibilities to oversee the court, right?
- 8:30Judge Deer: Right. Per the code, I have to and even if it wasn't written down in the code, it's still my instinct to collaborate and cooperate with everyone. But per the code, I'm glad it's there. The presiding judge is to collaborate and cooperate with all departments, your department, office of general counsel, prosecution and defense, and any other social services, and also with the court staff, court administration, and the judicial. And so with that, we collaborate and cooperate and the presiding judge presides over a lot of meetings and we see what changes we can make.
- 9:11So I like that part in the code. Also, another responsibility is to assign judges what court cases to take. Okay. Back traditionally, we would have judges in different divisions, but when I was appointed presiding judge, I said, Well, we're all judges, so let's go ahead and mix it up. So now you'll see a lot of judges who traditionally were in criminal court, but now they're also in juvenile cases or probate cases.
- 9:41We'll talk later probably, next time, and civil family court cases. And so we mix it up in civil traffic court. So there's a lot of different courts at Salt River Courts. And I said, let's utilize to the fullest extent the judges.
- 9:57Kierstin: You know, I really like that judge because in the stateside sort of practice, you have them in the one area and then they rotate out after like so And many then you always know that this judge is new to this area and it doesn't seem like they quite know the area so well. So with your sort of practice, having them go into the different areas and they're constantly working on their skills and that knowledge within that particular area. So that's really cool. I didn't know that.
- 10:26Judge Deer: Yeah, exactly. And so what that also accomplishes is the judges, let's say a party has a right to recuse or ask for a recuse of a judge, we can have a judge in the back just come up and review their record and go back on the record for another judge. And they can take over that case. As opposed to past years, we would have to wait days and weeks before another judge can come on. So, I like this practice where it keeps a sharp on every division.
- 11:01Kierstin: Right, because there's lots of areas that the community court hears cases on and the law is complicated. All right, let's do some little fun things. What's your favorite professional sport?
- 11:14Judge Deer: Basketball.
- 11:15Kierstin: Okay. Who's your favorite team?
- 11:17Judge Deer: Okay. Don't judge me.
- 11:18Kierstin: Okay. I don't know if that's going be the
- 11:21Judge Deer: Born and raised in LA. Okay. LA Lakers.
- 11:24Kierstin: LA Lakers. Okay. Well, I can't No cheers. Okay. Can't say I didn't see that coming.
- 11:32Judge Deer: But my second team is Phoenix Suns.
- 11:34Kierstin: Okay.
- 11:34Judge Deer: And I was a Phoenix Suns fan way back in the seventies. Alvin Adams, that crowd. Gotcha. The Bad House on McDowell, I remember those days.
- 11:46Kierstin: Okay. I don't know that I could say I know a lot of about the seventies basketball, but I definitely know the Charles Barkley era, and I'm definitely a fan of that.
- 11:55Judge Deer: Yeah, and I played basketball back in high school.
- 11:58Kierstin: Okay.
- 11:59Judge Deer: I was on the junior varsity for three years, and I finally made varsity my last year. But I saw my role as probably looking at the hydration technician specialist, and I said, I probably don't wanna do that, I wanna play. So I quit basketball and concentrated on my studies for my last year.
- 12:22Kierstin: Gotcha. All right, if you're watching a show or reading a book right now that you think that you would love to share with the audience?
- 12:32Judge Deer: For show wise, I love movies. Any Star Wars movie, I can watch over and over and over And fast forward fifty, forty years later, my sons are huge Star Wars fans.
- 12:47Kierstin: Okay.
- 12:48Judge Deer: And they can't believe that I was a little kid back in 1976 or '77 waiting in line to go to the first Star Wars. Wow. So very nostalgic, and so they always want me to tell those stories. What it was like to be at that time?
- 13:05Kierstin: Yeah. Do you watch any of the spin offs at Disney plus or Disney
- 13:10Judge Deer: I lost track of those. My sons, they do.
- 13:12Kierstin: Okay.
- 13:12Judge Deer: And they said, Dad, you really gotta look at so and so. And I said, I'll stick to the originals. If it comes out in a movie, I'll watch it.
- 13:18Kierstin: Okay. Yeah. I'm a fan too. So what about the Disneyland rides? What's your favorite Disneyland ride?
- 13:25Judge Deer: Space Mountain.
- 13:26Kierstin: Space Mountain? Not even the Star Wars one? The one?
- 13:30Judge Deer: It's okay. Okay.
- 13:32Kierstin: Was Just okay.
- 13:33Judge Deer: Yeah. I was expecting more, but I liked
- 13:36Kierstin: it. Okay. Okay.
- 13:37Judge Deer: But for thrills and all that is
- 13:41Kierstin: Space Mountain.
- 13:41Judge Deer: Space Mountain.
- 13:42Kierstin: Alright. Alright. So, getting to the court sort of system, or what sort of insight would you want to share with individuals as far as how should they prepare for court if they were to need to come to court?
- 13:56Judge Deer: I think what all parties should do is first go to your office, legal services office, or defense, and seek legal counsel. Because back in the day, we used to have tons of private advocates, But of course, they charge and that's their business. So any money exchange, that's between them and that person. But through your office, they can go through the intake office or defense, go over their case and they may just get that little legal education that they need, and sometimes they can represent themselves or they can get representation. But it's always great for everyone to be represented.
- 14:39And if not, then it's the judicial duty to not advocate for them, of course, but we can tell them the process and we can educate them on the bench of what's next. And if they have questions, they can ask. But I would say the most important thing is go seek legal counsel.
- 14:56Kierstin: I think you make a really good point there, Judge, because you as the judge can't tell someone what their legal rights are. You are deciding on the case, whereas when they are to come to my office and or if it's a criminal matter, go to the defense advocate's office, attorney or advocate, whoever's representing them in their particular matter, can give them legal advice, tell them how to proceed, tell them all the insights or things or whatever. But, know, as a judge, you're not able to necessarily give them those pieces of information.
- 15:32Judge Deer: Exactly. We can give them the process. We can say there's forms up front or online, but if they want detailed answers to your office or defense advocate, or they can hire their own private advocate also.
- 15:47Kierstin: Right. One of the other things too is as I was sitting here listening to you talk, if someone were to have court and they are gonna appear in front of you in court, what sort of things would you want your audience to know as far as how they should come to court?
- 16:06Judge Deer: So court is a different atmosphere. It's professional, and it's also the forefront of our sovereignty, because this is where people seek justice. And with that in mind, you have to come to court, and we highly suggest everyone come to court as, we call it business casual. And what that means is no shorts or logos or jerseys, just business casual and come dress the appropriate fashion for that portion. Now we do it all the time.
- 16:45If someone's going to a basketball game, they're gonna put on the jersey and they're gonna conform to that. If they're going to church, if they're going to a funeral or they're going to a wedding, I see people going to weddings and they're
- 16:59Kierstin: Dressed up. Suits and
- 17:00Judge Deer: Yeah, white shirts and ties and everything. And so there's room for that. So just know the occasion and remember, this is where people are seeking justice.
- 17:09Kierstin: Right, right. You know, the other thing that I was thinking about too is if individuals see you out in the community and they want to talk to you because they know you're the judge on the case, can they do that or is that something that is something that they can't do in talking to you?
- 17:26Judge Deer: No, I remember in our judicial training, we are community members of wherever you're presiding at in whatever jurisdiction. So you'll see me out there with my family at different events. And by all means, I can say hi and hello, but once they go into their case, I can just stop them promptly and cordially and just say, you know, Mr. So and so or Ms. So and so, I can't talk about that.
- 17:53But how about those Lakers, Right, for
- 17:56Kierstin: right. All right. So they can't necessarily talk to you about their case, but they can have dialogue with you as far as your family or any things that's going on.
- 18:06Judge Deer: Oh yes,
- 18:07Kierstin: definitely. Okay. Judge, so I guess I was just sitting here thinking that would be fun to listen to for our audience. Is there any funny story that you would like to share with us that happened to you in the court?
- 18:22Judge Deer: Yeah, when I first started at the old courthouse, it's demolished now, it's a parking lot now. But when I was there, was the juvenile court judge. And what would happen is, we had a small courtroom and there was tiny little steps going up to the bench on the side, but no one told me that they were running some wire across the area right by the judge's bench.
- 18:47Kierstin: Okay.
- 18:47Judge Deer: And as normal, I'm robed up and it's very formal and all the parties packed courtroom and they're all waiting and everyone rises. So all eyes are on the judge And customarily, when the judge sits down, that's when everyone sits down. So everyone's waiting for me, and I'm going up to the bench, and I tripped over, and I stumbled, caught myself onto the desk. Mind you, everyone's looking at me.
- 19:18Kierstin: Right.
- 19:19Judge Deer: Trying not to laugh, I bet. Right. And I braced myself and I didn't trip fully and I got up and I looked at everyone and I said, Please be seated.
- 19:28Kierstin: Okay.
- 19:29Judge Deer: And they all sat down and I'm sure after the hearing, everyone, that was the talk of Judge Dier almost fell down. Oh my gosh. Due to my basketball skills, I was able to brace myself.
- 19:41Kierstin: Oh, okay. So you didn't fall flat on your face.
- 19:44Judge Deer: No. No, but it was very obvious. And try and be serious right after that and say, Alright, let's talk about this case. It's really hard.
- 19:53Kierstin: Right, you just went right into the Yeah,
- 19:56Judge Deer: we plowed through.
- 19:56Kierstin: Right. Awesome. Judge, I appreciate you coming in today. It's been great talking to you, having learned some things about yourself on a personal level, and also share with the community some good insights about the court.
- 20:10Judge Deer: I'm very grateful to be here. Thank I
- 20:13Kierstin: would love for you to come back and talk about some other topics.
- 20:18Judge Deer: Yes, definitely.
- 20:19Kierstin: I think one of the other things that we always can talk about in the community is probate matters. So, that's something that I would like to further discuss with you.
- 20:30Judge Deer: Yes, most definitely. Anytime.
- 20:32Kierstin: Thank you, Judge.