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Jan. 17, 2025

Wildfires have added to complications in Judge Deborah Brazil's wheelchair court

From navigating wildfire evacuations to presiding over wheelchair-accessible trials, Los Angeles County Superior Court Judge Deborah S. Brazil balances the weight of high-stakes criminal cases with humanity and precision, attorneys say.

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Los Angeles County Superior Court

The fires sweeping through Los Angeles County brought new challenges to Superior Court Judge Deborah S. Brazil's already demanding criminal courtroom.

"Last week I was in trial -- jury selection -- and nearly every juror was affected by the fire. The jury pool was excused, and a mistrial was declared. So hard for so many," Brazil said.

Her courtroom handles the gravest of cases -- murder, sexual assault and robbery. Her chambers, lined with folders overflowing with evidence and victim testimonies, stand as a testament to the critical nature of her work.

"I take the focus off of me," she said. "There's now recognition that jurors experience PTSD, and jury services offer counseling resources for secondary trauma from testimony and crime scene photographs."

That trauma, Brazil said, extends to everyone in the criminal justice system. "We encounter people at the worst moments of their lives," she said. To balance the emotional toll, she said she prioritizes self-care. "I'm mindful of getting enough sleep, working out and avoiding unnecessary drama."

As one of the four designated "wheelchair courts" at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles, Brazil's courtroom faces distinct challenges. Defendants requiring specialized accommodations are transported from across the county, including cities such as Long Beach, Alhambra, Lancaster, and Pomona, underscoring the court's pivotal role in ensuring accessibility.

In one trial, a defendant in a wheelchair required daily medical treatments, prolonging the proceedings over several weeks. Although the jury ultimately delivered a guilty verdict, the defendant died before sentencing. In another case, a defendant with a severe degenerative disease had to be transported to court with special equipment. The trial was marked by frequent medical breaks, and despite the concerted efforts of all involved, the defendant's condition deteriorated as the proceedings unfolded.

"It's difficult, especially knowing their fragile health added another layer of complexity," Brazil said. "I had to balance the legal process with the human need for dignity and care."

The judge emphasized that from the outset, she strives to collaborate with both the defense and prosecution to minimize the number of times an incapacitated defendant needs to appear in the courtroom, whenever possible.

"Transportation is difficult when you're physically in pain," she explained, "so I always offer to the defense attorneys if they believe it's appropriate and helpful to their client, they can appear what's called 977B, which is they can appear on behalf of their client. And I let the defense attorney know that they can be in charge of when they want their client transported to court and not just bring them to court unless there's something that they want and need to be here for."

Typically, the standard procedure is to issue a court order requiring a defendant to appear in court. However, Brazil noted that in a wheelchair court, this can present significant challenges. "In my experience, I've seen it to be difficult for an inmate and a defendant in a wheelchair, because they have to get up at 4:00 in the morning. They often receive some sort of ongoing medical care for their condition," she said.

Her daily calendar is packed, often featuring eight to 15 matters to address before jury trials begin at 10:00 or 10:30 a.m. "Jurors make sacrifices," she said. "Many are unpaid and miss work. My goal is to run an efficient courtroom and respect their time."

Shaheen F. Manshoory of Manshoory Law Group APC highlighted in an email that, "The only thing I can say about Judge Brazil is that she's READY TO GO at 8:30AM!"

"Being private counsel, it's great to know who is ready right away and who will likely be ready at 9:30/10, so you can balance your schedule, so I LOVE being in her courtroom at 8:30 a.m. ready to start my day," the attorney explained.

He added: "She's very fair, takes an approach to what is best for the client and victims involved, not necessarily too tough or too soft."

Deputy District Attorney Matthew B. Pfeffer has had plenty of cases in front of the judge, but no trial yet. "I can say that her courtroom is a nice place to be," he wrote in an email. "It is welcoming and friendly but also earnest and the proper degree of seriousness without pretension."

Pfeffer said the judge expects, above all, preparedness. "If you are, she may express her appreciation. If you are not, she will not say a word. But somehow you will know she is disappointed. Not angry. Not annoyed. Disappointed," he said, "because she wants attorneys to perform at their highest potential. That environment reminds attorneys for all sides to do their best work in her courtroom."

Seasoned trial attorney Stephen R. Kahn of Los Angeles tried cases against Brazil when she was in the district attorney's office. "Outstanding trial lawyer, aggressive, she is really smart," he said in a phone interview. "She knows the law, she is objective, and she is fair."

As a deputy district attorney, Brazil prosecuted Dr. Conrad Murray for contributing to Michael Jackson's death. She also tried another high-profile case, one that that shocked the South Bay with its gruesome details and led to the second-degree murder conviction of a restaurateur for cooking the body of his wife in 2009. People v. Viens, BA381627 (C.D. of Cal., April 12, 2012.)

"She does not suffer fools well," Kahn said. "She can be unforgiving if you don't know the law and are ill-prepared about your case. She really respects good lawyers, and she wants good lawyering in her court.

"She's always on the bench, so if you file a motion, she will read it and she will be ready to ask questions the day of the hearing," he added. "She does her homework. She is very thoughtful and very smart. She loves being a judge, she really appreciates what it means to be a judicial officer. There are some judges who are a little burnt out and impatient, that is not her."

Being a "straight shooter" works best in Brazil's courtroom, according to Jonathan D. Evans of Pasadena, who calls her "even handed."

"From the defense side of the table, it never feels as if we are battling a 'second DA' on the bench," he wrote in an email. "However, lawyers should be on their toes to not take her kindness for weakness. I think that Judge Brazil is a critical thinker and that an attorney who is arguing motion in front of her should be prepared for in-depth inquiry. My advice would be: Make sure that you Shepardize your briefs and research the most up-to-date caselaw before handling a motion in her courtroom, because she is sharp!"

Appointed by Gov. Jerry Brown in 2014, Brazil started at the Airport Courthouse in El Segundo before moving to Foltz, handling preliminary hearings until 2020. "I feel fortunate that I didn't have to learn another discipline, because it's hard," she said of her criminal law background, both as a practitioner and as a judge.

Reflecting on her journey, she said, "I have more confidence now than during my first years on the bench. Initially, it was about finding my judicial footing." The COVID-19 pandemic, she noted, profoundly changed her perspective. "That period brought a deeper humanity to my work," she said. "It taught me to prioritize the health and safety of everyone in the courtroom without compromising fairness or the rule of law."

With new challenges such as virtual testimonies, limited jury pools and health protocols, Brazil found herself leaning on her organizational skills and judicial experience to maintain order during the pandemic. "It forced me to think differently about the ways we conduct trials," she said, adding that the crisis underscored her commitment to transparency and communication with attorneys, staff and jurors.

Her upbringing is rooted in a strong work ethic and family pride, she said. Her last name is of Portuguese origin, reflecting her great grandparents' journey as dairy farmers who settled in Central California. Growing up in this environment, she said she learned the importance of perseverance and integrity, values that she carries in her judicial role.

Brazil often uses lunch breaks to confer with attorneys. "Trial readiness conferences help me learn the case's legal issues so the trial can run smoothly," she said. "My job is to create the best environment for jurors and attorneys to perform their roles."

She said she approaches trials with a team mentality. "Contentious moments are rare due to the professionalism of the attorneys in my courtroom," she said. "Trials are organic and uncertain, so I meet with attorneys to address disagreements early."

When tensions rise, she'll call an early recess. "Trials are like battles. Attorneys are the players, and jurors are the spectators who decide what happened.

"Aggressive cross examination or aggressive questioning is probably the best mechanism to the truth and that's what we're looking for," she said, but on a case-by-case basis.

"Sometimes the other side doesn't object because, think about it: If I'm an attorney assessing the jury and my opponent is questioning and I'm looking at the jury and I'm thinking, 'They don't like him, he's being too aggressive.' Do you think that I am going to object and stop him? No."

Off the bench, Brazil enjoys beach walks with her dog and immersing herself in memoirs and legal dramas on television such as "The Lincoln Lawyer" or "Bosch." She's a self-described workaholic but makes time for community involvement.

She is involved with Teen Court, a program started by former Presiding Judge David S. Wesley that she said showcases her belief in restorative justice. Cases of vandalism, sexting and even revenge porn are diverted to this court, allowing young defendants a chance to receive counseling and avoid convictions for the crimes.

"The idea is to provide supportive services rather than punishment," she said. "It's about giving teens a second chance and helping them avoid the criminal justice system."

The program she oversaw operated at Palisades Charter High School, which was recently destroyed by fire. "The high school is barely standing -- it will be closed indefinitely. I have been in touch with several of the students and they are devastated. It's very sad," she shared.

Brazil also teaches trial advocacy at USC Gould School of Law and helps students by writing letters of recommendation for judicial clerkships or employment. "That's my most important contribution," she concluded. "I'm very active in my law school because people helped me get here. I think it's important to reach back and help other people in return."

Here are some of Judge Brazil's recent cases and the attorneys involved:

People v. Cruz, BA495118 - murder

For the prosecution: Michelle L. Lewis, district attorney's office

For the defense: Cameron J. Gomez, public defender's office

People v. Garcia, BA493002 - murder

For the prosecution: Nestor R. Santos, district attorney's office

For the defense: Jimmy Chu, public defender's office

People v. Lock, BA498868 - murder

For the prosecution: Lana R. Barnett, district attorney's office

For the defense: Robert M. Helfend, Malibu

People v. Guerrero, 23PSCF00025 - murder

For the prosecution: Jacob Lee, district attorney's office

For the defense: Amir H. Attia, alternate public defender's office

People v. Wright, 24CJCF00324 - murder, attempted murder

For the prosecution: Justin A. Ford, district attorney's office

For the defense: Esther E. Arrellano, public defender's office

#10710

Ricardo Pineda

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