Judicial Profile: Department 58
Commissioner Stephen F. Houghton
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- Biographical Information
-
- Date of Birth:
- May 1, 1942
- Place of Birth:
- Cincinnati, OH
- Education:
- California State—Los Angeles, B.A. (1966);
J.D. Southwestern (1973) - Pre-bench Legal Experience:
- Public Defender in Contra Costa County. 1974-79. In 1979 Comm. Houghton joined the firm of Hineser, Zerin, Silvester & Houghton where he practiced primarily criminal law until 1991. During that time he tried over 75 serious felony cases, 6 first degree murder cases and 1 death penalty case
- Political Affiliation:
- Democrat
- Judicial Experience
- Commissioner Houghton was sworn in on October 15, 1991 in Contra Costa County.
- Pre-bench Civic & Professional Activities
- Normal parental activities such as scout leader, athletic coach, president of We Care Board of Directors. California and CCC Bar Association as well as Public Defenders’ Association and Pleasant Hill Rotary.
- Current Civic & Professional Activities
- Member of the California Judges Association.
- Continuing Legal Education Faculty
- Until recently Commissioner Houghton taught courses in consumer law, traffic, bail and arraignment at the California Judges College. He had been a member of the New Judge Orientation Faculty for 8 years.
- Important Published Decision(s)
- none, but as a lawyer, he was instrumental in the Lesher Communications case involving the news media’s right to access jurors’ questionnaires. In that case, Mr. Houghton, as court appointed defender of John Sapp, succeeded in preserving the privacy of jurors by having confidential information on these questionnaires redacted before their release to the media.
- Courtroom policies
- Generally rules from the bench. When possible he gives tentative rulings on civil matters.
- Teleconferencing
- Yes, this is allowed in civil matters—especially when parties are geographically distant. However, Commissioner Houghton prefers that parties appear personally.
- Motions
- Must be filed and submitted in a timely fashion. He dislikes having to read material offered by counsel on the day parties appear.
- Briefs
- Civil lawyers can help a judge by doing thorough research since judicial officers in the branches do not have research assistants. Cases that are well prepared and well briefed are greatly appreciated.
- Discovery
- Commissioner Houghton urges attorneys to comply with the basic rules of discovery.
- Settlement Conferences
- He rarely does these in his present capacity. If he does them in the future, the principals should be present, on time, have authority to settle and come prepared to discuss the case.
- ADR
- This is very important to the process and he certainly encourages it. Arbitration and mediation are critical to the court’s disposing of cases in a timely fashion.
- In Limine Motions
- These are heard at the time of trial.
- Voir Dire
- In criminal cases he allows the attorneys, as required, to ask questions relative to cause. In civil matters, attorneys can question at length.
- Jury Instructions
- In criminal and civil matters lawyers should ideally provide the court with requested instructions at the beginning of the case. However, Commissioner Houghton makes allowances, especially with new criminal attorneys, for extenuating circumstances.
- Witnesses
- They should be available on a timely basis so no delay is needed.
- Sanctions
- Where required and justified, he imposes them. Certain discovery violations require that the court impose sanctions.
- Documents
- These should be pre-marked and information should be exchanged between the lawyers. There’s reciprocal discovery in criminal matters.
- Decorum
- Parties should appear to be professional and courteous in both demeanor and attitude.
- Court Reporters & Translators
- A court reporter is present in criminal cases. In civil court trial matters there is a reporter, but in civil jury trials the parties must pay for this service.
- Computers in the Courtroom
- The court is not equipped for electronic devices but parties may use laptops at the counsel table.
- Audio-visual
- No audio visual equipment use by parties. For the press, the rules of court apply.
- Cameras in the Courtroom
- The rules of court apply. Court will decide this on a case by case basis.
- Advice
- Treat opposing counsel well. Be prepared and organized. Remember that the court heard that important point you were making the first time. You’re not any more persuasive the second or third time.
