Candidate for
Superior Court Judge; County of Alameda; Office 21

Mike Ancheta Nisperos Jr. Oakland, CA 94602 (510) 530-3234 nisperosma@aol.com

PERSONAL DATA

Date of Birth December 22, 1949 Place of Birth McComb, Mississippi

Marital Status Married Children Two

EDUCATION

Aug 1975 - May 1978 University of California, Berkeley

Boalt Hall, School of Law
Degree: JD

Jan 1974 - Jun 1975 University of California, Berkeley

Degree: BA
Major: Rhetoric

ACTIVE MILITARY SERVICE

Jan 1968 - Nov 1971 United States Marine Corps

Honorable Discharge, Meritorious
Combat Promotion, Sergeant (E-5)
Viet Nam Veteran

Jul 1982 - Jul 1986 United States Air Force

Judge Advocate General Corps
Honorable Discharge,Captain (O-3)

Nov 1990 - Dec 1990 Operation Desert Shield

Judge Advocate Recall Volunteer

ADMISSION TO PRACTICE LAW

May 1979 State of California

United States District Court,
Northern District of California

May 1982 United States Court of Appeals

For the Ninth Circuit

Sep 1982 United States Court

Of Military Appeals

Oct 2002 United States Supreme Court

RELEVANT WORK EXPERIENCE

Mar 2005 - Present Law Office of Mike Nisperos Jr.

Having retired from the Public Employees Retirement System in July 2005 I have limited my practice to cases I find particularly interesting in the subject matters of felony criminal defense and professional responsibility and legal ethics. I am also acting as a consultant in the development of a Regional Public Safety Training Center for the Peralta Community College District.

Apr 2001 - Mar 2005 Chief Trial Counsel

State Bar of California

As Chief Trial Counsel I was responsible for supervising a staff of 235 (prosecutors, investigators and support personnel) with offices in San Francisco and Los Angeles, with an annual operating budget of approximately $25 million. This office is primarily responsible for the California Attorney Discipline enforcement system. By law the Chief Trial Counsel is appointed by the State Bar Board of Governors subject to the confirmation of the California Senate. For my four-year term I was unanimously selected by the Board of Governors and unanimously confirmed by the California Senate.

During this term I personally supervised the largest investigation in the history of the State Bar of California. The case involved a small group of young attorneys, the Trevor Law Group, exploiting the provisions of the California Unfair Competition laws to coerce and extort settlements from a victim class of small businesses numbering approximately 5,000. Due to the amount of public harm the case was expedited and completed, by the resignation of the attorneys, within 120 days.

I also introduced the concept of therapeutic jurisprudence to the State Bar, based upon my past experience working with the establishment of the first "Drug Court" in California. Working with the State Bar Court and the Lawyers Assistance Program we established a "Treatment and Discipline Court" for attorneys whose misconduct had a nexus to their substance abuse or mental health problems. After being in existence for less than two years, more than thirty percent of State Bar Court cases are in the Treatment and Discipline Court and the number continues to rise. It is a model that is now being studied by administrative discipline agencies across the country.

I also established a mediation program for Northern and Southern California. Low level cases, not involving misappropriation, are referred out to private mediators paid for by respondent attorneys. More than 150 cases have been resolved in this manner with an overall success rate in excess of 70%. The program is currently being expanded to house private mediators, who are fulfilling a voluntary service commitment as part of their mediator training, within the enforcement intake unit.

Jul 1997 - April 2001 Public Safety Liaison

Office of the City Manager
#1 City Hall Plaza, Oakland CA 94612

My primary duty was Manager of the Citizen's Police Review Board. This nine member Board is appointed by the Mayor with the advice and consent of the City Council. It is responsible for investigating and holding public evidentiary hearings regarding citizen complaints of police misconduct. I supervised four investigators and two administrative assistants. I reviewed all complaints for proper jurisdiction and assigned the cases to the investigators. I reviewed, corrected and approved all investigation plans and final investigation reports to the Board. I provided training to the investigators and members of the Board on investigation, report writing and foundational concepts of administrative evidentiary hearings.

I represented the Mayor in the original working group that drafted the ordinance. After City Council passed the ordinance, I transferred to the Office of the City Manager and developed all of the policies and procedures for investigations and hearings. I taught a course on Civilian Oversight and Officers' Rights to each new Police Academy class. I also served as the principal negotiator for collective bargaining of the Memorandum of Understanding with the Oakland Police Officers Association concerning Board powers and functions. I prepared the Board's annual performance measures and operating budget, which was in excess of $500,000.00.

I also served as the City Manager's representative to the Public Safety Committee of the Oakland City Council. I managed the Committee's Agenda and coordinated the preparation and presentation of reports to the committee. I performed a variety of other duties, representing the City Manager, on an ad hoc basis (e.g. Coordinator of Medical Marijuana Policy Working Group; Coordinator of Needle Exchange Policy Working Group). At the request of the City Manger I have personally conducted special investigations of a confidential and highly sensitive nature.

Feb 1991 - Jun 1997 Director, Mayor's Office of Drugs

and Crime
#1 City Hall Plaza, Oakland CA 94612

I served as the Mayor's Chief Policy Analyst for public safety. I directly supervised the Assistant Director and the Administrative Assistant to the Director of the Mayor's Office of Drugs and Crime. In 1991 Oakland suffered the worst homicide rate in its history, 175 homicides. In 1992, I wrote the Mayor's Public Safety Plan, which was adopted by the Oakland City Council. Following the adoption and implementation of the Mayor's Public Safety Plan the homicide rate decreased incrementally over the next eight years falling to 66 homicides. In 1997, I coordinated the development of the Oakland School Safety Plan.

The primary function of this Office was the coordination of enforcement, prevention and education efforts directed toward the reduction of crime and drug abuse. In this capacity, I acted as liaison between the Mayor and federal, state and local officials as well as the press and members of the public. For instance, I coordinated the Mayor's Inter-Agency Council on Drugs and Crime and I sat as the Mayor's representative on the Public Safety Committee of the Oakland City Council.

Often it was my responsibility to make public presentations, both written and oral, on behalf of the Mayor. I was responsible for the administration of my own budget, approximately $200,000. In addition, every year I reviewed and analyzed the budgets of the Police ($110 million) and Fire ($55 million) departments, which collectively represent approximately 65% of the City's general fund.

In November of 1997, I served as Special Counsel to the Mayor when, at the Mayor's request, I organized a Trade Mission to the Philippines. We brought 44 delegates including Councilmembers, Port Commissioners, City officials and Entrepreneurs. I arranged meetings with President Ramos, Cabinetmembers, Government officials and businesspeople. In addition to signing Trade Memoranda of Understanding between the City/Port of Oakland and the Philippine Government, two private business contracts in excess of $1 million dollars, each, were signed during the one-week mission.

Mar 1990 - Feb 1991, Trial Attorney, (GS-14)

Office of the District Counsel

Service
630 Sansome St. San Francisco,CA 94111

My primary duties included reviewing the legal sufficiency of Orders to Show Cause (Immigration Court charging document), representing the government in Bail, Pre-Trial Motion, Deportation and Exclusion hearings, appearing in state courts in opposition to Motions for Judicial Recommendations against Deportation, and writing appellate briefs to the Board of Immigration Appeals.

I also voluntarily created a computer networked national brief bank of visa petition appeal replies that was used by all Trial Attorneys in the San Francisco office, and throughout the country. Because of my previous experience with military administrative searches under the fourth Amendment, I was assigned as the Employer Sanctions Attorney to implement the employer sanctions aspects of the Immigration Reform and Control Act of 1986 during its initial implementation in 1987. I prosecuted more than 400 Deportation/Exclusion hearings before Immigration Courts.

Nov 1990 - Dec 1990 Captain, USAF JAG CORPS

93 BMW/JA (Base Legal Office)
Castle AFB, CA 95342 - 5330

During Operation Desert Shield, I volunteered for recall to active duty. I was given a one-month assignment to Castle AFB Legal Office to replace a JAG officer who had been transferred to Saudi Arabia.

My primary duties there were reviewing contracts, legal research and providing legal counsel for members, and their families, scheduled for operational deployment. In addition, I served as the Legal Advisor (Administrative Law Judge) to three administrative discharge boards.

Aug 1990 - Jan 1991 Instructor, Oakland College of Law

436 14th St., Oakland, CA 94612-2703

I taught first year law students the basic course in criminal law.

Aug 1989 - Feb 1990 Associate, Law Offices of A. Brent

Carruth
1305 Franklin St., Ste 300, Oakland,
CA 94612 (DEFUNCT)

My primary duty was to provide criminal defense in State and Federal Courts. I was assigned clients from the main office in Woodland Hills, CA. I represented clients, charged with pornography, rape, bank robbery, embezzlement, drug offenses, and a variety of misdemeanors, in proceedings ranging from police interviews through jury trial.

Feb 1988-Aug 1989 Associate, Law Offices of John L. Burris

1212 Broadway, Ste 1200, Oakland, CA 94612

I prepared for trial civil cases involving the use of expert witnesses. The cases were primarily Civil Rights, Discrimination and Police Brutality. The majority of my assignments (65%) focused my practice on criminal defense in State and Federal Courts. My responsibilities ranged from initial client interview through jury trial and appeal. I represented clients charged with murder, rape, armed robbery, embezzlement, drug offenses, escape, conspiracy and a variety of misdemeanors. My most noteworthy case, People v. Stewart, was a woman charged with two counts of murder for allegedly causing the death of her 20-week twin fetuses by spontaneous abortion due to voluntary ingestion of cocaine. The case involved complex search and seizure issues as well as previously undecided legal definitions of "life" and "causation".

Jul 1982 - Jul 1986 Captain, USAF JAG CORPS

Andersen AFB, Guam;
March AFB, Riverside CA

I spent my four years approximately equally divided between the duties of Chief of Military Justice and Area Defense Counsel.

As the Chief of Military Justice, I was the chief prosecutor of the two bases, Andersen AFB - Guam and March AFB - Riverside, CA, to which I was assigned. At both bases I designed and implemented the base urinalysis program. It was my responsibility to provide legal training to base Police and agents of the Office of Special Investigations. Two attorneys and two non-commissioned officers served directly under my supervision. I also served as an administrative law judge presiding over military adverse administrative proceedings (discharge and demotion boards). I also served as Article 32 Investigating Officer, performing the civilian equivalent of a magistrate in a preliminary examination. I was responsible for charging and prosecuting military personnel before Special and General Courts-Martial. I supervised other attorneys during Courts-martial. I personally prosecuted 15 cases. Among them was the first "urinalysis" Court-Martial in the Air Force, United States V. Nand (1983) 17 Military Justice Reporter 936. Primarily for this case I received the Air Force Commendation Medal.

As the Area Defense Counsel, I was the designated "public defender" for the two bases to which I was assigned. I trained and supervised one non-commissioned officer. Often I was sent to other bases to assist and train less experienced attorneys in defending cases before administrative boards and Courts-Martial. My direct supervisors were stationed 300 (Guam) and 500 (Riverside, CA) miles away, respectively.

I personally defended 35 criminal cases, 20 of which were felonies. I was responsible for two (2) acquittals and one officer case was dismissed after a Motion to Suppress illegally seized evidence was granted. For these results I was given a Meritorious Service Medal.

Nov 1985 Special Assistant United States Attorney

Central District of California

Although I was appointed I never made an appearance because contemporaneous to my appointment I was re-assigned from the position of base Chief of Military Justice to become the base Area Defense Counsel. As such the appearance of impropriety, defense counsel to military personnel and prosecutor of civilians on base, was too strong. My bringing any cases before the federal magistrate as a Special Assistant United States Attorney was too serious a threat to my credibility as the Area Defense Counsel.

Jan 1981 + Aug 1981 Instructor: Political Science

Filipino-American History
College of Alameda, CA

Dec 1980 - Jul 1982 Self Employed, Attorney/

Real Estate Broker
2706 MacArthur Blvd., Oakland, CA 94602

I defended my first murder case, resulting from a gang-fight between five Alameda residents and seventeen sailors, charging a fee of $1,000.00 for a preliminary examination that lasted for three months. The case was full of complicated search and seizure issues and the necessary research consumed most of my out-of-court time. The case was further disrupting to a new practice because of limited court availability due to the assignment of only one Municipal Court Judge in the City of Alameda.

Contemporaneously, my practice as a Real Estate Broker sank as the interest rate climbed from 13% to 20+%. I was a miserable failure as a solo practitioner and as a real estate broker.

Aug 1978 - Dec 1980 Deputy District Attorney

Graduate Legal Assistant
Office of the District Attorney of Alameda County
600 Washington St., Oakland, CA 94607
24405 Amador St., Hayward CA.

As a Graduate Legal Assistant, I primarily did legal research for deputies in trial. On occasion, I was assigned to serve subpoenas and work with the office's investigative staff in interviewing witnesses.

As a Deputy District Attorney, I prosecuted 25 misdemeanor jury trials, 1 court trial and more than 250 felony preliminary examinations. Of the preliminary examinations, more than half were attended by accompanying Motions to Suppress Evidence; Quash/Traverse Search and Arrest Warrants; Disclose Confidential Informants/Police Personnel Records. I performed the duties of Trial Lawyer, Misdemeanor Charging Deputy, Preliminary Examination Deputy, Calendar Deputy, Negotiated Disposition Deputy and Trial Team Leader (supervising 4 Trial Deputies).

Summer 1976 Legislative Analyst

U. S. Department of Health, Education & Welfare
1 United Nations Plaza, San Francisco, CA

ADDITIONAL LICENSES, CERTIFICATES, ETC.

October 1980 - California Real Estate Brokers License October 1984

October 1979 - California Notary Public October 1983

October 1979 California Community College Instructor

Credential
Subject Matter: Law
Valid for life

COMMUNITY INVOLVEMENT, HONORS AND AWARDS (partial listing)

2004 Keynote Speaker

Inaugural Conference of Filipino American
Lawyers of California

2004 Distinguished Attorney Award

Philippine American Bar Association of Los Angeles

2003 Excellent Judicial Award

Taiwanese American Lawyers Association

2003 Public Agency of the Year Award

Asian Pacific Islander Small Business Program

2003 Filipino Choice Award for Excellence in the

Field of Public Service

2002 Jose Rizal Social Justice Award

Filipino Bar Assoc. of No. CA

2000 + 2001 Member, Ethnic Minority Relations Committee

State Bar of California

1999 + 2000 President, Filipino Bar Association of N. CA

1998 + 2001 Member (Appointed by Presiding Judge)

Alameda County Court Planning Team
Judicial Council of California

1996 + 2001 Member, Attorney's Confidential Assistance

Program, Alameda County Bar Association

1995 Recipient, Award for Excellence and

Service to the Community, Presented by
The Minority Bar Coalition and the
Filipino Bar Association of No. California

1993 Delegate

International Network of Cities on Drug Policy
Baltimore, Maryland

1993 Presenter

Director's Second Symposium on Addressing Violent
Crime Through Community Involvement
F.B. I. Academy, Quantico, VA

1992 + 1995 Member, Alameda County Drug and

Alcohol Masterplan Advisory Board

1988 + 1990 Member, Board of Directors

Swords to Plowshares

1980 + 1982 Commissioner, Oakland Planning Commission

1974 + 1982 Member, Board of Directors

Spanish Speaking Unity Council

1979- Present Founding Member

Filipino Bar Association of No. California

1976 + 1982 Member

New Oakland Committee

1975 + 1978 President, Peralta Service Corporation

1975 Member

Honor Students Society
U.C. Berkeley

1975 Legal Assistant Extern

Legal Aid Society of Alameda County

1974 + 1975 Chairman, Board of Directors

Bayanihan JayCees

1974 Member, Oakland Public Schools

Commission on Safety in the Schools

1973 +1974 Chairman, Board of Directors

Filipino Community of the East Bay

Assistant Secretary
Northern California Filipino-American Unity Council

1972 + 1973 Member, Board of Directors

Filipino Community of the East Bay

President, Filipino Youth Development Council

1972 -1973 Parliamentarian

City Wide youth Council (Oakland)

Representative (Filipino)
Poly-Ethnic Advisory Council
Oakland Public Schools

Representative (Filipino)
Poly-Ethnic Steering Committee
Oakland Public Schools

1967 Congressional Nominee (Alternate)

Annapolis & West Point Military Academies

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