Publisher’s Note: Judge David Carter serves as a Federal Judge in Central District of California in Santa Ana. In this capacity, he served on a distinguished panel at the CBF Insovlency Conference in Rancho Mirage in mid-May, 2012. His topic was the nationally renowned and somewhat sensational trial involving Anna Nicole Smith (and the resulting Supreme Court Decision in Stern vs. Marshall). Judge Carter also served as a panelist at Loyola IV in January 2011, a three-day educational forum dedicated to receiverships. Here Judge Carter demonstrated a keen understanding of his role as Judge in managing the receivers that he appoints. His comments at the CBF Conference combined with his participation in Loyola IV made Judge Carter an obvious candidate for this profile.

This article not only deals with the “judge” aspect of David Carter, but an impressive list of other adventures and activities in which this distinguished American either has or is currently participating. We believe and submit that Judge Carter qualifies as a Renaissance man because of his wide range of interests and involvement in the law, life, and a lot of points in between -- all of which are aimed at making a difference. In addition to being a lawyer and a Judge, David Carter is a Marine who was decorated for heroism during the Vietnam War. As a judge he has handled some of the most challenging and difficult matters due to his willingness to take on the tough ones (that no one else wants). His outside interests these days are centered on the justice system in Afghanistan and Pakistan where a key focus, among others, is introducing women into the judiciary – not exactly a slam dunk in a Muslim society. With this brief intro, here is Judge Carter’s most interesting story.

A good place to pick up Judge David O. Carter’s life’s journey is at UCLA in 1967 where he graduated with a Bachelor’s degree (cum laude). Immediately after graduation, David entered active duty as a United States Marine. Lt. Carter served on the front line in Vietnam, with C Company, 1st Battalion of the 9th Marines, also known as the “Walking Dead” due to its high number of casualties. The following is an account of Lt. Carter’s activities on April 16, 1968, at Khe Sanh, one of the deadliest days in the Vietnam War as prepared by an historian from notes forty years after the event. The account reads in part:

On 16 April, Co A/1/9 was ordered to conduct a search and clear operation to the SW of Hill 689, the high ground from XD 793 399 to XD 788 404. The assumption was that there would be little or no enemy soldiers remaining in that area. As it turned out, this was to be the costliest day as far as friendly casualties of Khe Sanh…..Lt CARTER’s platoon was taken under fire from NVA in spider traps, bunkers, and bomb craters, and Lt CARTER received a shattered forearm from enemy fire and shrapnel to his jaw, but continued to lead the assault.

Post battle, the diagnosis for Lt. Carter was not favorable – probable loss of the use of his arm for life. After a year of rehabilitation in the hospital in Guam and a lot of determination, Judge Carter recovered from his wounds and retained the full use of his arm. In response to his heroism and bravery, Lt. Carter was awarded the Bronze Star and Purple Heart. Lt. Carter was discharged from the Marines as a 1st Lieutenant in 1969. Judge Carter remains active in, and loyal to, the Corps as Trustee of the November 10th Association, an organization that honors past and present Marines by celebrating the birthday of the U.S. Marine Corps each year at installations around the world.

Following Vietnam, David Carter’s journey returned to familiar (and friendlier) ground – back to the University of California, Los Angeles where he received his law degree in 1972. If you are keeping score, this makes Judge Carter a “Double Bruin.” Notably, most USC Law School Grads generally accept this note of distinction with admiration!

With a law degree in hand, David Carter’s legal career began as an Assistant District Attorney with the Orange County District Attorney’s Office in 1972. While practicing in the office’s homicide division, Carter filed charges and was the preliminary prosecutor in “The Freeway Killer” case, where the serial killer was the first to be executed by lethal injection in California. In 1981, Judge Carter joined the bench as a Municipal Court Judge in Orange County, California. Shortly thereafter, Judge Carter was elected to serve as an Orange County Superior Court Judge. While serving as the supervising judge of the Court’s Criminal Division, attorneys began to refer to Judge Carter as “King David!” On June 25, 1998, Judge Carter was nominated to the United States District Court for the Central District of California by President Clinton.

Some of Judge Carter’s notable cases include: The Aryan Brotherhood trials (the largest capital case filing ever), Anna Nicole Smith (In re Marshall), and Barnett v. Obama, in which Judge Carter dismissed the lawsuit in 2009 that questioned Barack Obama’s eligibility for election and assumption of office due to claims that Obama was not a natural born citizen of the United States. Also, in Gay-Straight Alliance (Colin ex rel Colin v. Orange Unified School District), Judge Carter, through the Equal Access Act, ordered Orange County public school officials to allow on-campus student groups to meet and discuss the topic of homosexual tolerance. This specific case was the first ruling of its kind.

Judge Carter spent 2000 and 2001 presiding over the Mexican Mafia case (United States v Fernandez) that lasted a total of 18 months, making it the longest criminal trial in the history of the Central District of California. The case involved the prosecution of over 40 alleged members of the Mexican Mafia on charges of murder, attempted murder, conspiracy to murder, extortion, robbery, and a range of drug trafficking and firearm crimes. Judge Carter presided over all three Mexican mafia trials and set sentencing for those convicted. The highest-ranked gang member, Mariano “Chuy” Martinez, 43, was charged for orchestrating the Montebello murders and ordering 10 hits on others. Martinez was prosecuted under the federal Death Penalty Act, but was spared by the jury when they decided that he would serve with life in prison. During the Mexican Mafia trial, Judge Carter was accompanied by Federal Marshals 24/7 as a security measure.

Another point of distinction about Judge Carter is the way he manages his courtroom. There is no 9-5 in Judge Carter’s world. Attorneys are frequently ordered to be in Court at 7:30 a.m. or 9:30 p.m. to accommodate the Judge’s schedule as he works through his calendar. It is not uncommon for Judge Carter to place calls or respond to e-mails concerning scheduling matters throughout a weekend. Like his bodyguards during the Mexican Mafia trial, Judge Carter is 24/7. These unusual and even demanding appearances seem to have added to Judge Carter’s mystique that is embodied in his nickname, King David.

At the Loyola IV Conference in January 2011 (an educational program for receivers), Judge Carter was asked questions about his specific thoughts regarding the relationship between receivers and their appointing judge. Judge Carter made it clear that his number one rule about the relationship between receivers and their judge is the importance of having an ongoing personal, clear, and communicative relationship; Judge Carter stated “Questions should be asked,” referring to the receiver-judge relationship. Judge Carter continued to affirm that receivers need to know their judge and they also need to know the inner workings of each court in which they appear. Although Judge Carter emphasizes a personal ongoing relationship with his receivers, he was clear that, “A general rule in most receivership courts is that we don’t always want you to be in court.” Judge Carter continued to convey that, although he wants his receivers to be open about questions and “getting his ear,” he also does not want them in court every week. Judge Carter gave the example that, “Any sale of an asset over one million dollars, I want to know about. Any sale under one million dollars I don’t need to know about. That’s why a relationship with the Judge and Court is so necessary.” Judge Carter continued to explain that a relationship with the receiver is crucial so that there are no unknowns and no misunderstandings during the receivership process. However, in other cases Judge Carter has also poured over disputes of even a few hundred dollars. As he stated, “The LA Times is not going to say my receiver messed up. They are going to say that I messed up.” Judge Carter stated that if something goes wrong, he is the one to get blamed; therefore, communication is valued and necessary. Judge Carter also describes the order of appointment as being, “the beginning of the receiver-judge relationship.” He speculated that receivers want their appointing judge to be confident in them and the work that they are performing. Judge Carter made it clear that he supports and appreciates a conversational approach to receiverships. He further explained that, “the first day in court your thoughts about the receivership company and how to renew it or liquidate it should be stated.”

Judge Carter is also well known for his support of a tattoo removal program in which ex-convicts could remove gang tattoos allowing them to start their life again without gang affiliation. In recent years, Judge Carter has been one of the driving forces behind the U.S. Department of State’s Public-Private Partnership for Justice Reform in Afghanistan and Pakistan. Working alongside Judge Stephen Larson, Judge Carter (and other judges and lawyers in California and Washington D.C.) is working to create a more dependable and reformed Justice System. The main purpose of this program is to educate judges and lawyers from Afghanistan and Pakistan about the mechanisms of the American legal system and to support them to rebuild the justice systems in their own countries. The program consists of two week training for judges, prosecutors and lawyers. One of the main focuses of this program is to bring empowerment to women who risk their lives to work in their justice system. While at the program, many women opened up about not being allowed to be educated or employed. They explained that secret schools were created so that young women could be educated, although this was a major risk to their lives. Overall, Judge Carter is widely known for his courage and determination and his many years serving the justice system of the United States.

Well there you have it – the Honorable David O. Carter – a decorated war hero, a former DA, a Municipal, State, and now Federal Judge. But beyond the Courtroom, his activities and causes give the impression of boundless energy. The Renaissance Man.

*Robert P. Mosier is a Southern California trustee and receiver and principal of Mosier & Company, Inc., a firm that has specialized in managing and turning around troubled companies for more than 25 years.

*Courtney Carey is an administrative assistant and special projects coordinator at Mosier & Company. When she is not assisting in the administration of Receiverships, she is a student at Azusa Pacific University where she is majoring in Marketing and hopes to attend law school after graduation.