Judge Judy Hersher Explores 'the Humanity of Judging'

For many law students, becoming a judge represents the pinnacle of a legal career and the ultimate expression of one’s commitment to justice.

Judy Holzer Hersher ’84, a retired Sacramento Superior Court judge, has established an endowment at UC Davis Law for the Study of Judicial Philosophy and Jurisprudence in the Modern Judiciary. It will support a lecture series in which judges, scholars and practitioners will discuss the philosophies, life experiences and perspectives shaping legal decision-making today, alongside the fundamental values of independence, impartiality and integrity. 

The goal is to foster a deeper understanding of the judiciary’s role in a modern democratic society while exploring what Hersher calls “the humanity of judging” through meaningful conversations among students, judges, scholars and practitioners. 

Now a mediator, arbitrator, and special master with Judicate West, Judge Hersher presided over hundreds of jury and court trials in Sacramento from 2001 to 2021 and helped write California’s Civil Jury Instructions. Before taking the bench, she was a litigation partner at Downey Brand LLC and a journalist.

Judge Hersher recently sat down to discuss her motivation for starting the endowment—and plans to engage fellow judges from King Hall in the initiative.

What inspired you to start this lecture series?

I was a trial judge for 20 years and absolutely loved what I did. I found the work of our trial courts, working with juries, working with people involved in both the civil and criminal justice systems, to be incredibly important and rewarding.

Most interactions with our justice system happen to people at the trial-court level, not at the Supreme Court or courts of appeal. The juvenile courts, family law courts, civil law courts, criminal courts … that’s where the rubber meets the road for the citizens of this country. That’s where more than 90 percent of all legal decisions are made, never to see the light of an appellate decision or reversal.

Thus, a trial court judge’s presence infuses the public’s perception of justice, which is why it is so important for young lawyers who aspire to be on the bench to understand the practicalities, humanity and philosophy behind judging. 

Why did you feel there was an opening for this series at King Hall?

I loved my law school experience at King Hall, the discussions with fellow students and the faculty, and I am very proud of the education it provided and continues to provide. However, I believe law students should have more opportunities to explore the ideas, interpretive methods and professional experience—i.e., the humanity—that shape modern-day judicial decision-making, particularly for students who aspire to the bench or will be trial attorneys. 

When they read cases, students are asked to identify an issue, tie it to a rule of law, analyze the facts and predict a legal outcome. But there are people behind those stories. There are lawyers behind those stories. There's a whole courtroom filled with jurors and experts and onlookers behind those stories. There is a community watching. And for better or for worse, the person directing that story is the judge. The ordinary business of the everyday trial judge is the extraordinary business of justice for most people. 

I want to bring that humanity of judging into the program, rather than just the rules from the cases. I want to promote scholarly and professional engagement with diverse judicial philosophies, interpretive frameworks and the experiential backgrounds that inform judicial reasoning, shape the development of the law, and influence how the public feels about our judicial system. I want students to feel and understand the realities of the courtroom today.

Is there a prevailing philosophy that judges try to adhere to? Or are there many approaches?

Some judges believe the personal philosophy they bring to the bench matters. It could be a liberal perspective. It could be a conservative perspective. The judge craft—or the education, skill, intellect and compassion of today’s judiciary—permeates whatever personal philosophy one holds and is critical to the public’s belief in democracy and the rule of law that is the foundation of a modern and just society. 

Thus, a judicial officer's skill in handling complex courtroom situations matters. Which is why a governor or an appointment secretary will ask you questions, sometimes pointed questions designed to test how you might respond. Questions like ‘Do you believe in the death penalty?’ ‘Do you think our system of laws is too harsh?’ ‘Do you think the penalties in the law are too harsh?’ ‘What laws would you like to see changed and why?’ What judges do you admire and why?’ ‘What do you believe are the most important personal characteristics of a judge?’ ‘Do you believe the law is currently being evenly applied?’

What is your judicial philosophy?

I have always believed in rigorous scholarship, fairness, equal protection, equal opportunity, the rule of law and treating people with respect. I have a strong work ethic when it comes to reading and scrutinizing the briefs submitted by attorneys. I believe how I carry out the everyday business of the courtroom matters because it sends a message about the justice system to everyone in attendance. 

I believe how a judge models behavior in a courtroom full of people has ramifications in the community. So, I use as my touchstone what I want people to feel and say about the courtroom as they walk out the door. I want them to have both an appreciation for the third branch of government and perhaps a newfound respect for the everyday work of the courts.   

I believe that for most people, if they think they were treated fairly, if they think they had an opportunity to be heard, if, as jurors, they were helped to understand the laws they are asked to apply, if they and those around them were treated with respect, they can better live with the important decisions that are made in the courtroom.  

Do you want other judges who are King Hall alums to participate in and/or help fund this series?

Definitely. I plan to reach out to all my fellow King Hall graduates who are or have been judges on the bench. There is a whole gallery of judges with pictures up on the (King Hall judges’) wall. My personal experience working with many of them over the years is that when they are in the courtroom, and regardless of personal or political philosophy, they do justice fairly and care deeply about our judicial system. I want their help and their suggestions for topics and speakers. If they like the idea of the endowment and program, I hope they will support it financially. 

What other aspects of being a judge would you like the series to impart?

I think it is important for students to know that it is a stressful job. You have to be comfortable making decisions, dozens of decisions each day, from what evidence will be admitted in court and what will be kept out, to decisions that impact people’s lives and the lives of those around them. Of course, there are wonderful days when you formalize an adoption, or you see the work of good Samaritans in difficult situations. But there are also days when you are telling someone, ‘You thought you were wronged and entitled to compensation or some other action. You aren’t.’ ‘You’re going to spend 25 years to life in prison.’ ‘You can have custody of your children, or you can’t.’ Both the message and the delivery of the message matter.

There are wonderful attorneys in the courtroom, attorneys who it was a joy to see in action, and there are not-so-wonderful attorneys. Every day, there are 50% of the people at the counsel tables who will not like the decision you made. You are also responsible for implementing the rules of professional conduct for attorneys while they are in your courtroom. So, you have to have a personality that can deal with difficult people under pressure and say, ‘Okay, I can take it.’ I have the courage to apply the law fairly, without bias or prejudice, and call balls and strikes even when working with difficult people. If you don’t, you won’t last very long.