In the March 5 presidential primary election, the race for Plumas County Superior Court judge pits William Abramson against W. Wayne Yates Jr. The Plumas Sun asked both candidates the following questions. Their responses are in alphabetical order.
William Abramson
1– Please describe your qualifications for serving as a Superior Court judge.
With only two Superior Court judges for the entire county handling all legal matters, it is crucial to elect someone with the right experience and dedication to serve our community. I bring almost three decades of diverse legal experience, having handled a wide range of civil and criminal matters, including real estate litigation, landlord-tenant disputes, estate administration, and much more. My track record includes representing institutions like Plumas Bank with civil litigation, as well as advocating for the most vulnerable members of our community through my two decades of work with our child welfare department.
What sets me apart is my extensive jury trial experience, ranging from low-level misdemeanors to high-profile murder cases. I am the only candidate in Plumas County with such a breadth of trial experience. Additionally, my successful advocacy in the Court of Appeals further demonstrates my experience navigating complex legal issues effectively.
Additionally, I am deeply rooted in this community. As a member of Quincy Rotary and as a volunteer for many local organizations, I have demonstrated my commitment to serving the needs of our community. I have raised three fantastic children in this community who are third-generation Plumas County high school graduates. Finally, I have been thoroughly vetted as a qualified judicial candidate by the State Bar of California and the governor’s office, ensuring that I meet the highest standards of integrity and professionalism. With my blend of experience, community involvement, and professional validation, I’m prepared to serve Plumas County with integrity and dedication
2—What is your understanding of the role of a judge in the legal system?
The role of a Superior Court judge is to uphold fairness and to ensure equal access to the justice system for all members of our community. Judges are gatekeepers of due process and fundamental fairness. I firmly believe that every individual who appears before the court deserves to be treated with pand respect. No one should feel belittled or dismissed when they come to court. Each case, regardless of its nature, deserves careful consideration and clear and concise rulings. Having served as a judge pro tem (“temporary judge”) for the Superior Court, I understand the importance of this approach.
I had the opportunity to sit as judge pro tem not only at the courthouse in Quincy, but at the satellite courts in Chester, Greenville, and Portola before they were closed. I presided over a variety of small claims and traffics matters, including trials. In every case, I prioritized respect and fairness, providing litigants with the opportunity to present their arguments thoroughly. If elected, I am committed to maintaining this standard of conduct on the bench, ensuring that each individual who comes before my court receives equal treatment and the opportunity to be heard.
3—What are the biggest challenges facing the Plumas County court system today?
The Plumas Superior Court is certainly not without major challenges. The most pressing challenge would be the limited accessibility to the court for our community. Since 1996, when I opened my practice across from the courthouse in Quincy, I have observed a disturbing trend of shrinking access to the court. The closure of the satellite courts in Chester, Greenville and Portola now requires the residents from those areas to come to Quincy to take care of simple matters that traditionally could be handled in the local satellite courts. Additionally, our courts lag behind the surrounding counties with our poor technology. Most counties now have online services from the court calendar to online filings; we do not. The surrounding counties have the technology to allow parties to appear via video when appropriate; we do not. Finally, we have no IT support for the Superior Court, which has led to having non-functioning video and audio recording systems. Compounding these problems are the issues of lack of staffing in the court clerk’s office, resulting in reduced hours and recent unannounced closures. This is unacceptable.
If elected, I will prioritize upgrading technology to ensure expanded use of Zoom video appearances and functioning recording systems. I will address head-on the issues of staffing and morale in the court clerk’s office to ensure a fully functional clerk’s office and a more efficient courtroom for all. I will work with the Plumas County Board of Supervisors to negotiate a MOU for IT services for the court to address issues as the arise. On my watch, we will have a modern, efficient, and accessible Superior Court in Plumas County.
4—How you would handle a situation where one party was not represented by counsel?
In our legal system, individuals have the right to represent themselves in court proceedings. However, when one party is self-represented while the other has legal representation, it becomes crucial for the judge to ensure fairness and provide necessary guidance. It is the responsibility of the judge to explain to the self-represented party the potential challenges they will encounter. They must be made aware that they will be treated as if they have the same knowledge and experience of an attorney, without receiving any special consideration. In criminal matters, there are specific advisements the judge must give and the party must make a basic threshold showing before they will be granted permission to represent themselves.
If elected, I would strongly advise any self-represented individual to carefully consider their decision, and at a minimum, consult an attorney if they are able. The rules of procedure and evidence are intricate and highly technical, and that failure to raise an issue or to properly object to evidence can be considered a waiver of that issue. My goal would be to ensure that everyone appearing before the court, regardless of representation, is able to navigate the legal process effectively and fairly.
5—What role does family court play in the judicial system, and what changes, if any, would you like to see in Plumas County?
Family law is a small but important part of the court docket. In Plumas County, we do not have a separate family court, it is a part of the overall civil calendar within the Superior Court. Having personally handled numerous family law cases early in my career, I recognize the challenges and frustrations within our family court system. Family law matters are intended to be “non-adversarial” meaning the parties are expected to work cooperatively to reach the best resolution for everyone. Criminal matters and other civil matters are “adversarial” meaning opposing parties are pitted against each other to seek the best outcome for themselves. Historically, family law was adversarial as well. However, the outcomes were not very good due to the heightened emotions connected with family matters. California ultimately changed to a non-adversarial system. You no longer “sue for divorce” where you had to show cause to receive the divorce. Now you petition the court for a “Dissolution of the Marriage” requiring only irreconcilable differences.
The parties are required to submit a list of the marital assets and debts to be equitably divided, present a co-parenting plan, consistent with the best interests of the children, and set and support issues. Unfortunately, the courts continued to treat family law as if it is still adversarial. This leads to more turmoil, hard feelings, huge legal fees, and substantial delays. If elected, I will make it a point of emphasis to strive for a more non-adversarial process and improve the family court experience. Parties will be encouraged to remain focused on the issues necessary to complete the case so that they may move on with their lives with as little disruption as possible.
6—Please describe any experience mediating disputes between parties.
Mediation is a form of Alternative Dispute Resolution and can be very effective and helpful in certain types of legal matters, and mandatory in other matters. A few years ago, I was approached by the court to assist with a very contentious and notorious custody matter. The court appointed me to represent the minor child and to investigate and make recommendations to the court regarding the best interests of the child. As attorney for the child I served as a mediator between the parents. I met with each parent in their homes several times and observed their interactions with the child. I quickly discovered that the parents were so focused on their perception of the faults of the other parent, that they were losing sight of the impact their animosity was having on their child. Recognizing the importance of fostering a civil relationship between the parents for the well being of the child, I initiated a transformative approach. I required each parent to provide me with a list of all the positive attributes and characteristics of the other. They began to speak of each other in a more positive way. This marked a turning point and allowed us to make substantial progress. They began to be much more concerned about how their past behavior towards each other had been negatively impacting their child. They were able to lay the groundwork for a much more cooperative co-parenting relationship.
W. Wayne Yates Jr.
1—Please briefly describe your qualifications for serving as a Superior Court judge.
I have been a licensed attorney in California for 30 years, with the last 20 years living and working in Plumas County. Prior to moving to Plumas County in 2003, I worked for small- to medium-size firms based in Los Angeles and Orange counties. From 2003 to the present, I have been self-employed as a sole practitioner in Quincy, representing clients in family law, restraining orders, probate, civil litigation, estate planning, criminal law and juvenile dependency.
I have appeared in state, federal, and appellate courts throughout California and litigated hundreds of law-and-motion hearings, bench trials, and two jury trials. My experience has instilled in me a strong sense that an effective judge must act with patience, sound judicial temperament, and strive to honor the law. Beginning in 2016, I have been asked to serve at various times as judge pro for the Plumas County Superior Court traffic and small claims calendar. I found it to be rewarding and an invaluable experience for obtaining insight into the perspective of a judge.
2—What is your understanding of the role of a judge in the legal system?
A judge wears many hats, but in a broad sense is responsible for overseeing the administration and implementation of justice in a fair, impartial, and efficient manner. In short, a judge ensures faithfulness and adherence to the rule of law. During a bench trial, a judge is both a referee (ruling on issues of law and admissibility of evidence) and a fact finder. During a jury trial, the judge continues to act as referee, but the jury decides the facts and then issues a final verdict based on instructions on how to apply the facts to the law. These instructions come from the judge. In a mediation or settlement conference setting, a judge is tasked with attempting to bring the litigants together towards a mutually satisfactory agreement.
3—What are the biggest challenges facing the Plumas County court system today?
I believe there are three significant challenges facing the Plumas County court system. Both challenges center around development of a court website allowing public online access to case information and the courtroom. The first challenge is ensuring a smooth transition from a physical document system to an online system. From time to time I have appeared on court matters located in larger counties. These counties have already transitioned from paper to electronic filing, allowing for efficient access to case histories referred to as a “register of actions.” I know Plumas County is well underway in making this transition. We are all hoping for a fully functioning online system well prior to the completion of the new Plumas County courthouse, set to happen in the fall of 2029.
The second biggest challenge is establishing a court website allowing parties (represented and unrepresented) to appear by video for certain hearings where live testimony is not needed. At the present time, Plumas County does not have enough lawyers to handle the legal needs of its residents. Out of area lawyers will be more inclined to take cases in Plumas County if they can obtain access to case information and appear by video. It will also save clients money by not having to pay lawyers to drive here. While parties currently can appear by phone and in some instances by video in Plumas County, we need to expand the use of video court appearances with website links people can access. A video court appearance, an experience which proliferated during covid, allows for litigants to see and hear the judge, the other parties, and come away with a better overall experience and understanding of proceedings. It is superior to a phone appearance.
The third biggest challenge is updating our local rules of court. Every county has local rules that govern procedural issues in different areas of the law from how to obtain a hearing date to what must be filed before trial. Our local rules are out of step with the time and need to be updated to promote efficiency and uniform procedures in the online age.
4—How you would handle a situation where one party was not represented by counsel?
Given a defendant’s constitutional right to counsel in criminal proceedings where jail time is a possible result, this situation occurs primarily in non-criminal proceedings. A judge is required to decide facts, apply law, and issue rulings in the same manner whether a party is represented or not. However, a judge will need to make specific efforts explaining court procedures to a pro per party. That requires patience and often includes continuing a hearing to a later date to allow a pro per party to consult with and retain a lawyer.
In contested hearings, where parties testify under oath, unrepresented parties will need to be given certain latitude with testifying in the narrative rather than by specific questions given they do not have a lawyer to question them. A good judge will allow this, but also make sure the testimony is relevant and does not contain inadmissible testimony, such as hearsay. An unrepresented party can cross-examine the other party, but should not be allowed to argue and add commentary to the questioning.
5—What role does family court play in the judicial system, and what changes, if any, would you like to see in Plumas County?
Family law hearings focus not only on dissolution of marriage actions, which involve the resolution of asset and debt issues and termination of the marital status, but also issues involving the custody and visitation of children. When the parties are not married, the case focuses on child custody and visitation issues. Restraining order hearings under the Domestic Violence Prevention Act of the California Family Code are also considered “family court” as they involve parties connected by family, marriage, and/or dating.
The focus of the court is always on what is best for the children. Before a judge makes a decision on custody and visitation, the parties are required to attend mediation with a mediator from the Plumas County Family Law Facilitator’s Office. Each county in California as a family law facilitator’s office. I would like to see our county change from a non-recommending family law mediation system to a recommending system. A recommending mediator meets with the parties, and, if appropriate, the child or children, and makes a written recommendation to the judge regarding custody and visitation. A non-recommending mediator meets usually with the parties only and simply communicates with the court whether there was an agreement or not. None of what is discussed in a non-recommending mediation can be referenced at trail.
A judge is not required to follow or adopt a mediator’s recommendations. Moreover, either party can still ask for a contested hearing if they disagree with the mediator’s recommendations. But the mediator’s recommending report is a very useful tool for the lawyers and the judge in gaining a better understanding of the issues in dispute. Finally, our county needs licensed professional visitation supervisors and child custody evaluators. At various times, our county has had these professionals. Currently, we do not have any. To protect the wellbeing of a child, supervised visitation is often necessary. Relying on family members or friends to act as visitation supervisors is usually less than desirable given issues of bias and lack of training.
A custody evaluator typically has a degree in psychology or social work and can be appointed in high conflict custody cases to issue a thorough written recommendation to the judge based on interviews with parties, children, and witnesses. This is another useful tool in helping the attorneys and judge in understanding complicated family dynamics.
6—Please describe any experience mediating disputes between parties.
I have acted in the capacity as a mediator on several family law matters. A mediator does not represent either party, but rather explains how the law applies to their factual situation and helps the parties come to an agreement. My experience is that mediation is a good way for parties to save time, money and minimize acrimony. However, with any mediation, the success or failure is largely contingent on the good faith motivation of the parties. Mediation is not designed for one party to gain an upper hand over the other party.
I have participated as an attorney in hundreds of settlement conferences and mediations facilitated by both court judges and privately hired mediators (“neutrals”). A good neutral is someone who listens, points out strengths and weaknesses, and explains the benefits of reaching a certain resolution as opposed to risking an outcome based on a trial with inherent uncertainties. Alternative Dispute Resolution (“ADR”) is a useful tool for parties and the court. If elected, I will encourage and prioritize resolution of disputes through court settlement conferences and various forms of mediations.