Longtime Marin Public Defender Retires

Story and photos submitted by County of Marin:

MARIN COUNTY, CA – David Brown’s mother always told her son that he’d make a good lawyer because he argued about everything. One could argue that she was right.

Brown is winding down his 35-plus-year career with the Marin County Public Defender’s Office as one of the most respected and well-liked attorneys around.

Brown was 26 years old, straight out of Stanford Law School, when he was hired at the Civic Center in the fall of 1981.

“I remember talking to (former Chief Deputy Public Defender) Frank Cox about how $17,000 a year with no benefits was what I would get, and I was thinking, ‘I would probably do this for free,’” Brown said. In addition to employment, Brown would go on to receive great mentoring from the likes of Cox, Gaile O’Connor and others at the public defender’s office which would solidify his dream career.

Brown is a dyed-in-the-wool public defender, learning early on what fighting for justice really meant. Brown grew up in the Bronx until age 12, then moved to nearby Spring Valley, N.Y. His early years were spent in highly diverse neighborhoods and he witnessed the 1960s struggles for human rights, civil rights, fairness and equity, which all made a big impression on him.

His family, mostly Russian and Austrian, included a maternal grandmother who escaped from Austria as the Nazis overtook the country. On his father’s side, the last name of Brown was simply a creative entry in the books during the bustle of immigration. Brown’s father was an expert in reconnaissance and aerial photography during World War II, and one uncle saw combat in Europe.

Brown attended Cornell University and then moved west to attend Stanford Law School. He remembers taking a course from nationally respected law professor Anthony Amsterdam, who famously got the death penalty ruled unconstitutional in several of its past forms.

“That was probably the turning point for me,” Brown said. “That made me decide that I wanted to be a criminal defense lawyer.”

Brown also learned early in his career that people skills, passion and compassion needed to be a part of every case he worked. Brown was the 2006 recipient of the Rev. Dr. Martin Luther King Jr. Humanitarian of the Year Award presented by the Marin County Human Rights Commission. “That was not a victory in a court case, but for different reasons that meant a lot to me,” Brown said.

Brown recalled several important cases that further solidified his career choice. In 1988, he represented a woman charged with strangling her 11-year-old son. Brown established a track record of psychological problems and trauma that the woman experienced, resulting in a manslaughter verdict.

A 1992 death penalty case, which Brown handled with attorney Glenda Brewer, involved a tragic shooting by an immigrant from El Salvador. After the guilty verdict, Brown and Brewer entered the penalty phase with a plan to document the defendant’s acts of altruism during his life in El Salvador.

“We flew in people from El Salvador to talk about how he had kept their spirits up during instances of torture,” Brown said. “We brought in witnesses from Canada who testified what a positive factor the client was in the Salvadoran refugee movement.” The jury spared the man’s life.

Just this spring, Brown faced one of his toughest tests of his career as he worked to save the life of his client, convicted of the “drifter murders” in San Francisco and Fairfax. Morrison Lampley was sentenced to 100 years to life for the two killings after “lots of complicated legal issues.”

But it has been personal relationships that have made Brown’s tenure in indigent defense something unique. “If you talk to him about concerns in a case, he’ll say, ‘I’ll come down to court and stand there with you.’ It’s like he’s protecting you,’” said Tamara Chellam York, a co-worker for 11 years.

Chief Deputy Public Defender Debra Leyva, fresh out of law school at the time, recalls being trained by Brown to appear on the felony/misdemeanor calendar. At one point, Brown asked for a recess so he could appear in another courtroom.

Leyva noted that as Brown left “the judge commented that there was a perfectly competent attorney sitting next to him who could appear in his absence. They winked at each other and that was my first court appearance in the adult court. David knew I was nervous but he had the upmost confidence that I would do a great job, and I did.”

Deputy Public Defender Pedro Oliveros was a junior attorney on the staff when he started tapping the shoulder of Brown for some coaching almost 30 years ago.

“He was the go-to guy in the office when you needed advice on a case,” Oliveros said. “He has demonstrated that he is a vigorous defender but one with great compassion for his clients. David has a big heart and is very empathetic.”

Brown would also develop his most important relationship at the Marin County Public Defender’s Office.

“He had already been a public defender for 14 years at the time and had really established himself,” Juliana Weil said. “In my view, it was his unique combination of incredible passion for his clients and for people in general, and his intellect and his strength of character as he demanded truth and justice as he stood up for what was right, whether it’s popular or not,” Weil remembered.

Brown and Juliana married, and they have one son and one daughter, both teens. Weil is an attorney in private practice in San Rafael.

“That’s also who he is as a father and as a husband,” Juliana added. “He’s such a wonderful person to everybody, even his opponents.”

Even Marin County Superior Court judges are David Brown fans. According to Judge Paul Haakenson, Brown earned a reputation for zealously representing his clients, without exception, whether charged with a first-offense petty theft or first-degree murder.

“I once asked him how he is able to defend the accused with equal vigor and dedication, without regard to whether his client is an innocent person wrongly accused or a genuinely evil serial killer,” Judge Haakenson wrote. “He eloquently answered that were he to pass judgment on his client, the system as we know it would fall apart. It is that kind of dedication to the Constitution, the rule of law, and the rights of all persons who appear in the judicial system, that elevates our system of justice and helps make it the best the world has ever seen.”

In about 2003, Brown was the lead deputy public defender assigned to Judge Verna Adams’ felony department. She said she quickly learned that Brown was not only highly intelligent but absolutely committed to every client. One case really stood out for Adams.

“He represented a man who was accused of violent offenses which, if he were convicted, would have sent him to state prison for many years,” Judge Adams recalled. “David brilliantly conducted a preliminary hearing in which he demonstrated that his client was factually innocent, and the deputy district attorney acknowledged the client’s innocence at a later date. I will never forget the look on David’s face when I told his client he was free to go.”

Brown will retire in mid-August and it is starting to sink in for the Marin County Public Defender’s Office staff.

“When someone has been a public defender for over a generation, they develop strong personal and professional relationships that touch all very deeply,” noted Public Defender Jose H. Varela. “Luckily, David will remain a fixture in the local criminal defense community as he continues his work in private practice.”

“Our office salutes Brown for his exemplary work ethic and commitment to those in need of exceptional legal services,” Pedro Oliveros said. “We will all miss him. It is the end of an era that will not go without notice.”

“His clients were quite fond of him,” Debra Leyva said. “It wasn't unusual to get a phone call from a client asking that David be their attorney.”

Judge Haakenson added, “On behalf of all of the bench, I offer our profound thanks and admiration for his tireless and sometimes thankless work.”

Judge Adams: “David is a wonderful lawyer, a great person, and a good friend. I wish him well in his future endeavors.”