
Attorney David Foos is a former California Superior Court Commissioner, Sacramento traffic court judge, public defender, and Legal Aid lawyer who has returned to the practice of law after nearly two decades on the bench.
UC BERKELEY TO HASTINGS LAW
After receiving his masters at UC Berkeley, David Foos attended the UC Hastings College of Law. Hastings is California’s first public law school having been established in 1878 by California’s first Chief Justice. It was not Hastings history that attracted Foos; it was the Over Sixty-Five Club.
Hastings had gathered a group of eminent jurists and scholars from the nation’s top law schools, many had been involuntarily retired at age 65. The Hastings Sixty-Five Club helped give Hastings one of the most distinguished faculties of any American law school.
“I may have been a young upstart, but I understood that I would learn the most from brilliant professors who had practiced and taught law for years,” remarks Foos. David passed the California State Bar exam in 1978 and immediately joined the Legal Aid Society, an organization that provides fee legal services to those who would not otherwise be able to afford counsel.
LEGAL AID SOCIETY
Dave P. Foos, Esq. quickly rose within the Legal Aid Society in the three areas of law he continues to practice today; Civil, Criminal, and Juvenile Rights. David handles legal matters involving housing, disability, domestic violence, family issues, employment, immigration, disability discrimination, and personal injury. His pre-trial and criminal practice provides representation in traffic court, criminal trials, and appeals as well as parole revocation defense hearings. Dave also represents children who appear before the Family Court in matters involving protective proceedings, juvenile delinquency, and in appellate cases involving children.
“Even people of means can feel overwhelmed by the complexity of law. No matter your income, everyone needs a lawyer who can help when you have been charged with a crime or need to protect your rights and property through litigation,” says Foos.
PUBLIC DEFENDER’S OFFICE
David moved from the Legal Aid Society to the Public Defender’s office of Solano and later Sacramento Superior Courts, where he defended the rights of those charged with felonies – the most serious of crimes.
“Sometimes people wonder how an attorney can represent someone who has been accused of committing a crime,” notes Foos. “The law only works when all sides are treated fairly. The same rights that protect the innocent protect the accused, and both must be fairly represented. The police and the courts must hold themselves to the highest standards for society to reap the full benefits of a strong judicial system. As an aggressive attorney representing someone charged with a crime, I’m a part of that process.”
As a criminal defense attorney with the Public Defender’s office, David excelled in both negotiation and jury trials. Despite what is presented in television dramas, most civil and criminal issues never go to a jury. They are settled – negotiated – or resolved through administrative processes. David’s qualities as a legal mediator led him to becoming the ultimate arbitrator of right and wrong…a judge.
SUPERIOR COURT COMMISSIONER – THE JUDGE
From 1990 through 2006 David Foos, attorney at law, was also His Honor David P. Foos, California Superior Court Commissioner, Sacramento County. “It’s a fancy way of saying I was a family court, small claims court, misdemeanor crime, and traffic court judge,” says Foos. “It may not have the same prestige as a Supreme Court Justice, but that’s okay. These are probably the most important courts to the average citizen.”
Few find themselves in front of a judge because of major criminal charges or headline grabbing civil litigation. For most, the only time they will be in a courtroom is in a divorce, a small claims action, or because of a traffic violation. “It is the ‘introductory courtroom’, which makes it the most important,” says Foos, “And the courtroom, any courtroom, can be an ominous place.”
“Let’s be honest,” says Foos, “‘Defendant pro per representation for a Notice of Motion to set aside yadda yadda yadda’ isn’t exactly conversational English. You are in a strange environment faced with someone wearing a robe who has the power to decide an important part of your future or even put you in jail. It’s intimidating. As a Commissioner I was able to express compassion for those who came before me, however my ability to advocate for change was limited.” After 16 years on the bench, David Foos retired as Superior Court Commissioner and returned to practicing law.
INSIDER’S GUIDE TO CIVIL & CRIMINAL LITIGATION
Years with the Legal Aid Society, Public Defender’s Office, and wearing a judge’s robe have given attorney Foos unprecedented access and knowledge to the people who work in the Sacramento courthouse. These contacts are an important benefit when representing new clients.
“Whether it’s suing someone who owes you, or defending you, there is a tremendous advantage when the clerks, judges, and other attorneys recognize and respect your lawyer,” says Foos. “I guess it is fair to say I’m an insider of the system I’ve set out to change.”
AREAS OF PRACTICE
- Civil
- Criminal
- Juvenile Rights
- Housing
- Disability
- Domestic Violence
- Family Issues
- Employment
- Immigration
- Disability Discrimination
- Personal Injury
BAR ADMISSIONS
- California, 1978
EDUCATION
- University of California, Hasting College of Law, San Francisco, California, 1974
- University of California, Berkeley, California, 1974
PAST EMPLOYMENT POSITIONS
- California Superior Court, Sacramento County, Court Commissioner, 1992-2006
- Sacramento County and Solano County, Deputy Public Defender, 1983-1990