PAGE 2 • TUESDAY, JULY 23, 2013 LITIGATION LOS ANGELES DAILY JOURNAL

Lawyers are advised to wear green in this former Notre Dame basketball player's courtroom.

By Henry Meier Daily Journal Staff Writer

ANTA ANA - Walk­ing into Judge M. Marc Kelly's courtroom, there's little question

where his allegiance lies when it comes to the sporting world.

Profile Seated in a high-backed chair

emblazoned with the iconic green and gold of Notre Dame, Kelly makes no secrets about his support of his undergradu-· ate alma mater. A former presi­dent and current board member of the school's Monogram Club - an alumni group made up of former Notre Dame varsity athletes - the judge has deep ties to the athletic department from his time playing basketball at the school.

As Tustin defense attorney Joel M. Garson put it, Kelly's "whole being is Notre Dame."

His passion for sports doesn't stop with Notre Dame, however. While the walls of his court­room feature a Fighting Irish flag and a signed photo of iconic Notre Dame football coach Lou Holtz, there's also an homage to the Chicago Cubs' Wrigley Field and a signed copy of legendary UCLA basketball coach John Wooden's famous Pyramid of Success.

And that display is just the tip of the iceberg. Walking into the judge's chambers feels like en­tering a Sports Illustrated fan­tasyland. Shelves are crammed with autographed photos of athletes, including several from

M .. Marc Kelly Superior Court Judge

Orange County (Santa Ana)

Career highlights: Appointed to Orange County Superior Court by Gov. Gray Davis, 2000; · deputy district attorney, Orange County, 1988-2000; associate, Miller & Gibbs, 1987.

Law school: University of· San Diego School of Law, 1987.

Age:53

special experience. "That's like hallowed ground

to me," Kelly said of coming back to play in Pauley.

The judge often uses sports, along with other relatable top­ics, to help create a welcoming atmosphere for jurors who serve during the felony trials that play out in his courtroom.

"We try and foster the mental­ity in our courtroom and our environment to try and make it comfortable for the jury," Kelly said. "There's this feeling that when they get their summons, it's like, 'Oh my God, how am I going to get out of jury service?' and we're trying to change that."

As part of the effort to make jury duty seem less onerous, Kelly and his court staff started putting on a luncheon for jurors as part of juror appreciation

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Kelly's basketball teammates at week anct lnvltect back au the Notre Dame who went on to play jurors who had served on a case professionally in the NBA. in his court in the past year.

"Jurors love it," he said. "We Paraphernalia from nearly ev-ery sport can be found: football had almost 100 jurors come helmets, a tennis racquet, base- back for it last year. And I love balls, basketballs, volleyballs, dealing with the jurors. You get framed jerseys, programs, tro- people from all walks of life." phies - the list goes on. Kelly tries to impress upon

Kelly said athletics and the the citizens coming through competition they foster .have his courtroom the importance been a part of his ethos since of the work they are doing in childhood. . deciding cases.

"I'm a pretty competitive per- "The jurors are the true he-son," he said. "Growing up r was roes, and they make the system always that way." what it is," he said. "It's not a

\ Kelly was raised on the perfect system, but I can tell outskirts of Los Angeles and you, it's the best in the world. starred as a basketball player Unless they're willing to make at La Crescenta High School. the sacrifice, the system would His combination of athletic abil- crumble." ity and academic achievement Kelly said he also likes to keep landed him on Notre Dame's jurors entertained by asking basketball team, though he said them trivia questions during the he mostly "picked up splinters" downtime in a trial. as a bench player. Attorneys said Kelly's ap-

Still, the judge said being on proach is often a nice touch to the team with future NBA play- keep jurors alert and engaged ers such as KellyTripucka,John during the often serious tri­Paxson and Orlando Woolridge als, though they said not every was memorable, and the oppor- lawyer that passed through the tunity to come home and play in judge's courtroom felt that way. UCLA's Pauley Pavillion .....:. the "He· has a friendly and laid site where Wooden coached and back demeanor on· the bench," won so many games with his for- Garson said. "Some attorneys midable Bruins squads - was a think it's inappropriate that he

asks the jury informal questions and does trivia - they don't like that type of levity in the court­room. But I think it keeps the mood light and, in a weird way, allows me and the.D.A. to get along better."

bar who appear before Kelly was unanimous: Wear green.

"That first day of trial, wear that green tie," Scott B. Well, a defense attorney in Santa Ana, said with a chuckle. ·

Well added that the judge

As part of the effort to make jury duty seem less onerous, Kelly and his court staff started

putting on a luncheon for jurors as part of juror appreciation week and invited back all

the jurors who had served on a case in his court in the past year.

According to lawyers who have appeared before him, Kelly is thorough and takes the time to know the details of a case and the law involved.

"His rulings are always based on solid legal analysis," said Deputy District Attorney Susan Price. "Even when he didn't rule in my favor, I always feel like he's done his homework."

The advice every attorney gave for other members of the

appreciates an attorney who knows what he or she is argu­ing and can do so in a timely manner.

"He shows respect to attor­neys who come in prepared and are efficient in the presentation of their case;'' Well said.

Kelly said he's enjoyed his time as a felony trial judge, the assignment he's had since 2004, first at the county's West Justice Center and since 2005 in his

current courtroom in the coun- For the defense: Ray Y. Chen, ty's Central Justice branch. · alternate public defender's of-.

"l like the variety in the cases fice that come through," he said. • People v. Randall, 12WF2097 "You never know what's going - robbery to come through that door." For the prosecution: Andrew

Outside. of the courtroom, J. Bugman, district attorney's. KelJy . ~aid tlie . pounding that office basketball puts on his joints has , . For the defense: Faisal Ditt;µ, pushed him away from playing ·' public defender's office · the sport, but he still gets his fix • People v. Venegas, 11HF2643 as a varsity high school referee - forcible rape for both boys and girls games in For the prosecution: Jennifer Orange and Los Angeles coun- E. Walker, district attorney's ties. office

Ever the competitor, he has For the defense: Isabel Ap-taken to the tennis courts as karian, public defender's office well and plays in various dou- • People v. Deleon, 12NF2321 · hies tournaments throughout - assault with intent to rape the year. For the prosecution: Dominic

Kelly has been married to his J. Bello, district attorney's of­wife Sara for about 28 years. fice They have two college-age For the defense: Kelly L. sons. Rozek, public defender's office

Here are some of fudge Kelly's recent cases and the lawyers in­volved:

• People v. Robinson, 13WF0628 - human traffick­ing

Forthe prosecution: Daniel L. Varon, district attorney's office

• People v. Solis, 10ZF0091 -first degree murder with gang allegations

For the prosecution: Colleen C. Crommett, district attorney's office

For the defense: Joel M. Gar-· son, Tustin

henry_meier@dailyjournal.com