September 2007
PARALLELS PAST AND PRESENT IN THE FOURTH JUDICIAL DISTRICT
BY PATTY CAFFERATA
Fourth Judicial District Court judges Michael Memeo and Andrew Puccinelli have much more in common than one might think, beyond the obvious shared experiences on the rural bench. First and foremost is their Italian heritage; both their fathers’ families came from Italy, Memeo’s from the Lake Como area and Puccinelli’s from Fagnano, near Pisa. Memeo’s ancestors immigrated to Mount Shasta, Calif. where they owned and operated a family ranch. On the other hand, Puccinelli’s grandfather had been traveling by train from Oakland to Salt Lake City for a mining job when he stopped off in Elko on a cold night. While waiting for the next train, he went into a bar to get warm. He was quite a poker player-- by morning he was the proud owner of the bar, and he settled in Elko.
Another thing these judges have in common is their shared legal experiences before taking the bench. They both graduated from the University of the Pacific, McGeorge School of Law in Sacramento. After law school they both joined a rural law practice with a family member: Memeo with his cousin and Puccinelli with his father. Finally, they are both Republicans and had been long time legal practitioners in Elko when they were elected to the bench. Here are their stories.
JUDGE MICHAEL MEMEO
Taking time out from the Nevada district judges’ conference at Lake Tahoe and relaxing in the coffee shop with his wife, Colleen, a smiling Mike Memeo recounts his life story and thoughts on the judicial system. Memeo is a native of San Francisco, born in 1954. His late father Joseph was an accountant in Redding, Calif. His mother Mildred still lives there, as does his younger brother Randy, who practices law and serves on the Planning Commission.
Memeo graduated from Mount Shasta High School in Redding and then California State University at Chico with distinction in history. While he admired his father, he did not want to follow in his footsteps and make a career in the field of mathematics or numbers. After studying history in college, he decided that law was a logical career choice. In 1979 he graduated from the University of the Pacific, McGeorge School of Law with a J.D. degree. While he was a law student, he was also a staff member and associate editor of the school’s law journal. His favorite subject was torts-- taught by the colorful, interesting and entertaining Professor Luther, who wrote a textbook on the subject. On the other hand, Memeo’s least favorite class was on the Uniform Commercial Code (UCC).
After graduating from law school, Memeo joined forces with his cousin Dick Bortolin in a civil law practice in Carson City, Nevada. They also contracted with Mineral County as deputy district attorneys and commuted to Hawthorne, Mina and Luning to prosecute juvenile, welfare and justice court matters.
Memeo fondly recalls working in the old municipal building in Mina that shared space with the water and sheriff’s departments and other governmental operations. Court was held in a room with folding chairs and windows that rattled when the wind blew.
The most famous defendant he prosecuted in Mineral County was Ross Brymer, charged with battery. When the victim failed to show up for court, the case was dismissed. Previously Brymer served prison time for murdering the boxer Oscar Bonavena at the Mustang Ranch in 1976.
Memeo moved to Reno in 1980 and joined the Sala, McAuliffe, White, Long and Guinan law firm, practicing general civil litigation, insurance defense work, domestic relations and construction law for about five years. He met his wife, Colleen O’Brien, who worked as an escrow officer at First Commercial Title when he was doing some legal work for the company. Now Colleen is the Vice President of Stewart Title in Elko. Her big, beautiful, blue eyes caught his attention. They were married on the beach in Honolulu in 1984 and are the parents of two sons: Joe, a student at Great Basin College in Elko, and Matt, who will join the Army Rangers this fall.
Living in small towns and enjoying a rural lifestyle (except for his brief stint in Reno), Memeo has spent his adult life in Nevada’s rural counties. Memeo spent approximately two years in Winnemucca (Humboldt County) as the chief civil deputy district attorney and as a deputy prosecutor. The family moved to Elko County when Memeo became chief civil deputy for District Attorney Mark Torvinen in about 1986. He remained in that position for 10 years until he was elected to serve as a District Court judge.
Memeo had not always aspired to be a judge. He decided to run for election because he saw his campaign as an opportunity to improve the judicial system. He filed and ran against the then-incumbent judge, Tom Stringfield, and won with 7,664 votes to 3,850-- almost a two-to-one victory. He was unopposed for reelection in 2002.
Since then, Memeo has presided at more than 100 jury trials and his most difficult case was a capital murder case. The issues were legally intense and every issue was meticulously scrutinized by the lawyers on each side. The defendant, Kelly Rhyne, is currently on death row in Ely, Nev. His death sentence was upheld in two separate appeals by the Nevada Supreme Court in 2002 and in 2005.
After he was elected judge, Memeo sought to make a difference in the lives of children. He researched other jurisdictions for legal programs for young people. As a result of his research, he started the Teen Court for juveniles facing charges on minor offenses. There are about 250 such programs across the country. The offenders are judged and sentenced by their peers. Memeo and his staff attorney, Katie McConnell, preside over this court. He also sponsors a Mock Trial program for high school students and the Goldilocks Trial program for fourth grade children. Both programs teach young people about the judicial system. The court section of the Elko County website has additional information on these programs. His activities for children involve more than legal activities. He participates in Chess Camp for children for three or four days during the summer.
His outreach to young people is evident in his chambers. On display is a poster made by one of the classes which attended the Goldilocks Trial. His corner office is furnished with the old courthouse wooden tables, modified for his computer, and old bookshelves for his law books that have glass doors that fold up to open and down to close. For the most part, however, he does his legal research on Lexis-Nexis and on certain CD programs.
Along with chess, his hobbies are riding motorcycles and automotive-type painting such as pin-striping. He is engaged in community activities, including Lions Club, and is on the board of directors of United Way and Friends for Life to raise money for medically needy people.
A history aficionado, Memeo is pleased to preside in one of Nevada’s old-west courthouses. He believes that the best part of being a judge is the ability to make an immediate and direct impact on people’s lives.
JUDGE ANDREW PUCCINELLI
“I was a scratch golfer until I became a lawyer. Now my handicap is 10,” said Judge Andrew Puccinelli. He was settled comfortably in an overstuffed leather chair in his chambers, which is filled with family photographs and golf memorabilia-- everything from vintage golf clubs, a Lladro statue of a golfer, and a plaque with golf balls dating from 1600 to 1913, to a St. Andrew’s lamp and two St. Andrew’s prints. Most of these are gifts from his wife.
An Elko native born in July 1953, Puccinelli is the oldest child and only son of Leo and “Diz” (Ford) Puccinelli. His younger sisters are Janet, a school teacher, Gayle, who--with her husband-- owns a commercial post-production business for television, and Carol, a high school assistant athletic director.
He graduated from Elko High School and University of the Pacific in Stockton, Calif. in pre-law and accounting in 1975. He then graduated from University of the Pacific, McGeorge School of Law in Sacramento in 1978. His favorite professor, Claude Rohwer, taught contracts and UCC. Rohwer also served as the advisor to the Nevada law students. Puccinelli enjoyed writing and won the prize for best brief in moot court. On the other hand, real property law was the subject he disliked the most.
Puccinelli followed in his father Leo’s footsteps, becoming an attorney and president of the State Bar of Nevada. (See the article in Nevada Lawyer, October 2003.) Leo was president from 1976-1977, while Andrew was president in 1998-1999. Andrew’s mother Diz was a bookkeeper while his father was attending law school. After Andrew was born, she became a stay-at-home mom. The family attends St. Joseph’s Catholic Church in Elko.
Andrew and Leo Puccinelli practiced civil and criminal law together for more than 24 years. Naturally, one of Puccinelli’s heroes is his late father and the other is Cameron Batjier, for whom he interned at the Nevada Supreme Court during two summers while attending law school. (Batjier served on the Nevada Supreme Court from 1967-1981.)
Puccinelli’s first wife, Julie, died in 1991 at the young age of 32, leaving him to raise their two children alone. Puccinelli’s daughter, Cassie, will be studying public health and his son James will be a freshman at the University of Nevada, Reno in the fall.
In 1994 Puccinelli married Margaret Yelich in St. Paul’s Episcopal Church in Elko. They adopted each other’s children, so Andrew adopted Phillip, now in high school. A retired Navy Commander, Margaret has B.S. and M.S. degrees in nursing and a Ph.D. in health care administration. She is the director of the nursing program at Great Basin College in Elko.
Pleased with the law practice he shared with his father, Puccinelli had not given much thought to being a judge. Then Jack Ames, one of the Elko District Court judges, announced he was retiring in early 2002. Puccinelli was approached by several attorneys who encouraged him to file for the position. Leaving his partnership with his father was a difficult decision to make, but his father also urged him to file for office. Puccinelli filed and then Ames resigned in the summer before his term was ended, creating a vacancy until the end of the year. The governor needed to appoint Ames’ replacement for the balance of his term. Subsequently, Puccinelli applied and Governor Kenny Guinn promptly appointed him in August. Puccinelli took the bench in September after winding up his cases. He was unopposed in the election, and was elected to a full six-year term in November 2002.
Puccinelli, in addition to his regular duties as a district judge, presides over Drug Court for both departments in the Fourth Judicial District Court. The program is only for nonviolent drug offenders, such as those caught with less than seven grams of methamphetamine. Additionally, nonviolent theft-type offenders (those committing theft and credit card fraud) are admitted if the underlying motivation is drug-related. Some people participate to remove a felony conviction, others are attempting to avoid prison pursuant to NRS 453.3363 and NRS 458.330, and still others are trying to reduce their charges from a class B to a D felony.
On Monday afternoons his courtroom is packed with people sitting on pew-like benches facing the judge. The well of the courtroom is as small as a walk-in closet and jammed with court personnel. Cameras are strategically placed to record the judge, defendants, district attorney and public defender.
Currently, about 55 people are serving in the four different phases of program, which range from frequent drug testing and a weekly appearance in court to an appearance every six weeks to work on relapse prevention and aftercare protocols. After this phase, they graduate.
His most interesting case was between Newmont Mining and Dressler Industries, a division of Halliburton. It was a UCC case where the parties were represented represented by 12 to 15 attorneys. The parties argued over issues from venue to the meaning of the contract, revocation and acceptance. The case was settled three weeks before trial.
Puccinelli believes that all parties are entitled to a level playing field and have the right to litigate even seemingly small matters, such as disputes over dogs and cats, dishes, and small amounts of money. These cases often appear to be frivolous, but are usually filed based on principle, not the substance of the dispute. Puccinelli believes that the worst part of judging is dealing with the pro per litigants in these and other cases because their right to be heard must be insured without trampling on the other party’s rights.
Puccinelli has three pet peeves about lawyers: 1) those who announce, “We have a better way in (Clark or Washoe) County,” 2) those who do not conduct themselves civilly toward other lawyers, and 3) those who are not prepared to proceed in court. If he could make one change to improve the legal system, he would create an intermediate appellate court for error correction and leave the precedent-setting cases to the Nevada Supreme Court to decide.
To Puccinelli, the best aspects of being a judge are working with his staff and having a well-litigated case that helps him to sort out the issues and render a decision. If you’ve missed appearing before him in the Elko County Courthouse, look for him on the golf links.
CONCLUSION
The judges in the Fourth Judicial District Court, Mike Memeo and Andrew Puccinelli, were long-time practitioners in Elko County before they were elected to the bench. These Italian-American men graduated from the same law school, University of the Pacific, McGeorge School of Law in Sacramento, and shared their law practices with a family member. Memeo and Puccinelli preside in the historic Elko County Courthouse and do not ride a circuit as many other rural judges must.