Judicial Profile: Department 2
Honorable Barbara A. Zúñiga

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Biographical Information

Date of Birth:

October 20, 1945

Place of Birth:

Oxnard, CA

Education:

She received her bachelors of Arts in Sociology/Anthropology from Mills College in 1967, a Masters in Criminology from the University of California, Berkeley, in 1969, and her Juris Doctor from Golden Gate School of Law Night Program in 1976

Pre-bench Legal Experience:

Probation officer, Contra Costa County from 1967-1978; Prosecutor, Contra Costa County from 1978-1985

Political Affiliation:

Republican

Judicial Experience

Judge Zúñiga has been on the bench for 24 years. She was appointed to the Walnut Creek/Danville Municipal bench on October 12, 1985. She was elected to the Superior Court in 1994. Her current assignment is civil fast track in the Martinez branch. She has also been handling death penalty cases since 2000. Judge Zúñiga finds being a judge very satisfying, especially when the parties leave the courtroom feeling they have received a fair hearing.

Pre-bench Civic & Professional Activities

Judge Zúñiga is a founding member of the Contra Costa County Women’s Section (1983).

Current Civic & Professional Activities

Member of the Judicial Council – September 2001 – present; Delegate to the ABA for the National Association of Women Judges (2001-present); Access & Fairness Advisory Committee to the Judicial Council (1995-2001) Vice Chair (2000-2001); Criminal Law Advisory Committee to the Judicial Council (1998-1999); Past president of the National Association of Women Judges (1997-1998); California Judges Association, executive board (1988-1991), secretary/treasurer (1990-1991); California Women Lawyers, board of governors (1987-1989).

Continuing Legal Education Faculty

Judge Zúñiga has taught civil law and motion at John F. Kennedy School of Law. She has also written articles for the county bar association concerning the Municipal Court Civil Fast Track Program.

Courtroom Policies

Judge Zúñiga typically rules from the bench on law and motion matters, although she occasionally takes matters under submission. If a tentative ruling is challenged, Judge Zúñiga requests that the parties notify the court pursuant to local rules, specify the exact issues to be argued and limit their arguments at the hearing to the issues identified.

Teleconferencing

Teleconferencing is allowed only for case management conferences and counsel located outside the Bay Area. Only three calls are allowed during the calendar and must be approved by opposing counsel. Teleconference calls are handled by her bailiff between 8:40 – 8:50am. Judge Zúñiga does not permit teleconferencing for law and motion hearings.

Motions

Motions should be prepared in accordance with all applicable rules of court and the Code of Civil Procedure. Judge Zúñiga will not consider late oppositions. She expects parties to comply with page limit requirements and will not consider legal argument in footnotes.

Briefs

Judge Zúñiga requests that points and authorities be concise. Prior to trial, if she is unfamiliar with an issue she will request the parties submit a brief (no longer than five pages) or submit case law supporting their legal position.

Discovery

Judge Zúñiga dislikes discovery and requests that all discovery motions be heard by Commissioner Judith Sanders in Department 61.

Settlement Conferences

Judge Zúñiga enjoys settlement conferences and issue conferences because they allow her to work with the parties to resolve their disputes.

ADR

Judge Zúñiga believes that ADR is a necessary tool and is highly encouraged.

In Limine Motions

Judge Zúñiga believes these motions are important, however, she will not rule on these motions until the first day of trial.

Voir Dire

Judge Zúñiga does not like questionnaires except in sexual harassment and abuse cases or similar type cases with sensitive issues. She prefers to do the majority of voir dire.

Jury Instructions

All instructions are to be submitted with the issue conference statement. The parties are expected to meet and confer and finalize the instructions, then prepare a copy for the jury.

Witnesses

During trials, parties are expected to ask permission to approach witnesses. The parties should also address witnesses by their proper.

Sanctions

Judge Zúñiga usually does not issue sanctions unless the actions of counsel are particularly grievous.

Documents

Exhibits are to be pre-marked, (plaintiffs numerical and defendants alphabetically) and the bench must be provided copies of exhibits.

Decorum

Judge Zúñiga requires formal decorum during trial. She expects the parties to conduct themselves in a professional manner at all times while in her courtroom.

Court Reporters & Translators

Judge Zúñiga’s court reporter uses real time.

Computers in the Courtroom

Judge Zúñiga has no problem with computers in the courtroom as long as they do not bother the court reporter.

Audio-visual

Overhead projector, x-ray display, VCR and lightbox are available.

Cameras in the Courtroom

Media is allowed in the courtroom when the jury is not present. Attorneys bringing cameras into the courtroom are allowed on a case-by-case basis.

Advice

“Do not confuse aggressive, effective litigation with rudeness.”

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