James E. Herman
James E. Herman lived a life in full for nearly eight decades. Those who knew and loved him only regret that the final chapter of his life ended too soon. Jim meant so much to so many people. He was an accomplished lawyer and respected judge by profession, but with an abundance of other talents and interests and an infectious sense of humor that allowed him to establish a personal connection with everyone he met.
Jim was born on July 14, 1945 in Kansas City. The son of a railroad engineer, Jim embarked on the first of his many adventures at the age of 19, joining the Air Force and becoming a translator fluent in Mandarin, a skill that would serve him well in his world travels, and greatly impress his friends at Chinese restaurants, at least when his orders were not misunderstood.
Following his military service, Jim pursued an interest in acting gained from high school drama productions, attending San Diego City College and then receiving a bachelor’s degree in Theatre from UCSB in 1971. After pursuing a theatrical career for a short time, Jim instead turned his talents to law, where his acting skills and acute sense of timing would always serve him well. Jim graduated with a J.D. from California Western Law School in 1975, where he would later serve on the board of directors, and followed with an L.L.M. degree from New York University in 1976.
Rather than seeking a lucrative career with a large law firm, Jim chose instead to pursue a commitment to public service and equal access to justice by serving as a public defender in Riverside, San Diego and Santa Barbara counties, where he tried over 100 cases, many involving homicides and other serious felonies. As a fellow public defender observed, “Jim was always ready to try the tough cases,” quoting Jim as once having responded to his case assignment attorney “I’ll take the next body that walks in the door.” Asked at the time how he could represent those accused of serious crimes, Jim responded: “I think the key is that they are people. They are people in trouble. They are people with problems and it is primarily because they are people that I can represent them.”
In 1984, after taking a six month sabbatical for world travel, Jim turned his skills to civil law as an attorney with Cappello & Foley and then for the next several years as a partner in the firms of Rogers, Sheffield & Herman and Reicker, Pfau, Pyle, McRoy & Herman. Jim’s courtroom and negotiation skills translated well in the civil arena, where he tried many complex business disputes to successful verdicts, while guiding clients less likely to prevail to prudent settlements. Jim always sought to identify and narrowly focus on the key issues in a civil dispute. “Go for the jugular, not the capillaries” was one of his favorite expressions.
Throughout his career as a practicing attorney, Jim was never content to view his role as a lawyer as simply a day job. Jim’s contributions to the Santa Barbara community over the years are too numerous to recount in full, but include the hosting of a call in radio show to better educate the community about the law, the teaching of jury selection and trial advocacy seminars for young lawyers, service as a law professor at Santa Barbara College of Law, frequent participation in the Inns of Court and the production of a play based on the transcripts of the Clarence Thomas/Anita Hill hearings as a benefit to support the Legal Aid Foundation of Santa Barbara County.
Some of Jim’s proudest achievements in his legal career involved his volunteer service to the legal profession, as a board member and president of the Santa Barbara County Bar Association, as an elected member of the State Bar Board of Governors, and as president of the State Bar in 2002-2003. Jim led the bar in many key initiatives, but none were more important to him than the priorities he placed on an independent judiciary, equal access to justice, and the encouragement of greater diversity in the legal profession. Following his service as Bar president Jim received the Bernard E. Witkin award and was appointed as an attorney representative to the California Judicial Council, service he later continued as a judicial appointee.
Whether in the courtroom, his law office, performing his duties as a volunteer or just socializing with friends, Jim’s good nature and keen sense of humor always rose to the fore. It is difficult for most to think of Jim without recalling the many occasions when he compelled them to laugh out loud. One example that many recall was his appearance at the retirement dinner of Judge Dodds in a frog suit, giving a speech replete with references to Kermit, Calaveras County, lily pads and his anticipated transformation into a prince. Those who heard it will never forget Jim’s recital of a Hamlet soliloquy while channeling Walter Brennan. Even as State Bar President, in his frequent speeches to local bar associations across the state Jim could not resist referring to his hometown of Santa Barbara a “humble fishing village.”
Jim’s success could not have been achieved without the support and encouragement of the love of his life, Denise de Bellefeuille. When Jim and Denise began dating in 1986, Jim lived on the Pearl S. Buck, a sailboat anchored in the Santa Barbara Harbor. The, the Pearl S. Buick, as he often called it, provided great enjoyment to Jim and Denise as they hosted friends on many sailing adventures, and a few misadventures, to the Santa Cruz Islands. Jim and Denise were married in 1995 and became life-long partners, living first in a vintage craftsman home on Mission Street and later on a rural property in the Santa Ynez Valley. Although Jim and Denise were very different people their love and mutual respect always prevailed. Companions for 38 years, Jim and Denise when together were greater than the sum of the parts. They often played off one another comically as though George and Gracie, although the roles were frequently reversed with Jim assuming the part of bumbling naif.
In 2005 Jim was appointed a Superior Court Judge, following Denise’s appointment to the bench in 1994. He noted that his decision to pursue the assignment was inspired by Denise and “seeing how much she enjoys her work and watching how she conducts court . . . treating litigants and lawyers and the public with dignity and courtesy.” Jim also cited his goal of “channeling my efforts at policy and public service levels, especially in the area of helping preserve the judiciary as an independent branch of government.”
Jim served on the bench for over 17 years in many capacities in both North and South county, including assignments in criminal and civil trials, juvenile court and the Appellate Division. A few of his high profile cases included People v. Plains-All American Pipeline, where he assessed a $3.3 million fine against the defendant after a lengthy trial, and Goleta Valley Water District v. Slippery Rock Ranch, where he adjudicated a complex dispute regarding underground water rights. During his tenure on the bench Jim continued his active role as a judicial policy advocate, serving on the Judicial Council as well as other state wide committees.
With all of Jim’s professional achievements and extra-curricular activities, you would think that he had no time for leisure or fun. You would be wrong. A life-long athlete, Jim thrived in the outdoors, whether it be swimming, running, sailing, cycling, golfing or hiking with friends. His passion for car racing often took him on weekend excursions to remote racetracks to give a workout to one of his BMWs or his Mazda RX-7. Jim loved to travel and enjoyed extended trips throughout his life to many continents, including Europe, Africa and Asia. Once settled in the Santa Ynez Valley Jim and Denise planted an acre of Cabernet Sauvignon and Petit Verdot grapes and happily hosted parties to ferment and bottle the next vintage of Herman de Bellefeuille cuvee. Jim always found time for entertainment and conversation with family and friends, whether hosting a barbeque featuring his smoked Kansas City ribs or just settling in to watch a Chief’s game.
When writing his last Presidential column in the State Bar Journal in 2003, Jim of course drew inspiration from Shakespeare, concluding his message with a quotation from Hamlet: “Why may not that be the skull of a lawyer? Where be his quiddets now, his quillets, his cases, his tenures, and his tricks?” Jim may now be without his quiddets and quillets, but fortunately we are all left with lasting memories of his cases, his tenures, and his tricks. Jim lived a remarkably full and wonderful life; those of us who knew him were so fortunate to have shared the ride.
Jim is survived by his wife Judge Denise de Bellefeuille, stepson Dr. Joseph Burt, brothers Gary Herman and Dennis Herman and several nephews and nieces. Consistent with Jim’s career long dedication to the cause of equal access to justice, donations in his honor to the Legal Aid Foundation of Santa Barbara County are welcome and encouraged.