Judicial Profile: Department 36
Honorable Clare Maier

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Biographical Information
Date of Birth:
August 19, 1957
Place of Birth:
Van Nuys, California
Education:
1987—Received BA in political science from UCLA, where she was elected to Phi Beta Kappa and graduated Summa cum Laude
1990—J.D. from UC Berkeley School of law
Pre-bench Legal Experience:
Just prior to appointment, Judge Maier was fortunate to work full-time as Judge pro tempore at Juvenile Hall for approximately one year. For the six years prior to her work at Juvenile Hall, she served as a Judge pro tempore in seven different courts in Contra Costa County. Prior to her work as a Judge pro tempore, she worked as a dependency (W&I §300) attorney and a criminal defense lawyer for both the Alternate Defender’s Office and the Public Defender’s Office. Preceding that, she worked as a civil litigator in two different law firms: Paul, Hastings, Janofsky & Walker and Cooley Godward, LLP (now Cooley Godward Kronish LLP)
Political Affiliation:
Democrat
Judicial Experience

Judge Maier's current assignment is the Criminal  Felony Fast Track Calendar in Martinez. Her prior assignments included  juvenile court (both dependency and delinquency), drug court, post-preliminary hearing motions including non-statutory and other motions, trials and preliminary hearings.

Pre-bench Civic & Professional Activities
Judge Maier previously served as an officer on the Board of an organization in Oakland named “Season for Non-Violence” working to reduce violence in Oakland. She also served in her Neighborhood Crime Prevention Council, and the East Bay Regional Parks as a Park Trustee. In addition, she volunteered for the Oakland Police Department as an interviewer for the oral boards for police officer candidates.
Current Civic & Professional Activities

Judge Maier has taught a number of courses to judges and attorneys including a drug court seminar, an update on domestic violence law, as well as a course on Judicial Demeanor. She is scheduled to teach a Civil Trial Practice class at Berkeley Law School (Boalt Hall) in the Spring semester in 2014. The judge volunteers for East Bay Regional Parks and also at the Berkeley Men's Shelter.

Courtroom Policies
Please check in with the court clerk prior to your scheduled hearing. Also, such conventions as asking to approach the witness or to approach the bench are appreciated and add to the dignity of the proceedings.
Teleconferencing
Judge Maier has held conference telephonically on civil matters. Please feel free to suggest this option in advance of your hearing.
Motions
Please refer to and follow the California Rules of Court 301-339, the Code of Civil Procedure, §2003 et seq., and the local rules for filing motions. Also please refer to the code for the format of any substantive motions you may file (e.g. CCP §437c for Summary Judgment motions).
Discovery
Attorneys are expected to follow the Rules of Court and to make every effort to settle the dispute without court intervention. Only after such effort should counsel file a motion to compel. The motion to compel should be concise, focused exclusively on the contested issues.
Settlement Conferences
The judge is happy to discuss settlement with the parties at any juncture in a case. She requests that you come to the conference well prepared and accompanied by a person with authority to settle.
ADR
ADR is another useful tool for the court and attorneys. Judge Maier encourages the use of mediation and arbitration whenever appropriate.
In Limine Motions
The judge requests that you have these prepared in advance of trial and clearly identify the portions of testimony to which you are objecting and the grounds for your objection.
Voir Dire
The court will conduct general voir dire. Counsel is permitted limited questioning. Judge Maier requests that you use your time resourcefully and not repeat the questions the court has already asked.
Jury Instructions
Please have instructions prepared that include all applicable and mandatory jury instructions, not just those instructions that might benefit your side.
Witnesses
The judge would like witnesses to be informed of the court’s rulings on the motions in limine and for them to be reminded as to the restrictions on their testimony.
Sanctions
While Judge Maier has not yet held an attorney to contempt nor imposed sanctions, in the appropriate circumstances, she would take action consistent with her authority to maintain security and control in the courtroom that will foster public respect for the bench and the bar.
Documents
The judge requests that documents are pre-marked and previously reviewed by the opposing counsel prior to the inception of the hearing.
Decorum
  1. Attorneys should wear business attire when appearing in court.
  2. Cell phones and pagers that could interrupt the proceedings should be turned off prior to the commencement of any hearing.
  3. The court realizes that counsel at the table will communicate by note or whispered message and realizes that such communication may improve the quality of the representation (two heads being better than one). Counsel should be as discreet and as considerate as possible.
  4. The court provides water pitchers and cups for counsel and clients. Coffee or other beverage in a paper cup is allowed, so long as it does not distract from the dignity of the proceedings.
  5. As noted above, please observe court formalities, such as asking to approach the witness or the bench.
Court Reporters & Translators
Witnesses should be informed that when they testify, they must be careful to only have one person speaking at a time, and wait for the question to be completed prior to answering. This consideration is important to enable the court reporter to keep a complete and accurate record of the proceedings.

Translators - Interpreters should check in with the court clerk in advance of the hearing.
Computers in the Courtroom
Computers are welcome in Judge Maier’s courtroom, but please have the sound turned off.
Audio-visual
All technology is welcome. Please produce (and/or demonstrate) the exhibit to opposing counsel and inform the court of your intent to use the audio-visual aid in advance of the hearing.
Cameras in the Courtroom
The court may permit or circumscribe the media coverage in a courtroom if doing so ensures that the fairness and dignity of the proceedings are not adversely affected. [See California Rules of Court 1.150.].
Advice
Judge Maier believes that all persons in a courtroom should be treated with dignity and given an opportunity to be heard. If you arrive on time, come prepared, and are forthright about the law pertinent to the issues being contested, you will leave court satisfied that you have been heard. Your credibility is the most important asset you have. Credibility is very hard to build and easy to lose. If there is negative authority, please bring it to the court’s attention and explain why it is distinguishable to your fact situation. This is much preferred than the court finding the relevant authority and wondering if it was an oversight or an ethical lapse.

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