Interview with Chief United States Magistrate Judge Carolyn K. Delaney

In this interview, Judge Delaney shares the unique characteristics of the Eastern District of California, what inspired her to become a prosecutor, lasting impressions from a year working in the U.S. Embassy in Turkey, her advice for successful motion practice, and the impact of the heaviest caseload in the nation. This interview has been edited for brevity and clarity.

What makes the Eastern District of California unique?

The Eastern District is geographically large, extending from the Oregon border to the Bakersfield area, yet the legal community is fairly small.  That small legal community creates a collegial working environment for judges and attorneys.  This district sees an incredible variety of cases, from civil rights cases to serious environmental issues to large narcotics cases to sex trafficking and child exploitation.  The district’s prisoner docket is among the largest in the Ninth Circuit, and the prisoner cases are directly assigned to Magistrate Judges by local rule.  Statistics from the Administrative Office of the U.S. Courts show that there were over 5,700 cases filed in the EDCA for the most recent fiscal year, and we only have six active district judges, resulting in 954 cases filed per district judge.  That is among the highest in the nation.  Link.  All the judges in this district work incredibly hard.  Civil litigants can consent to have a Magistrate Judge preside over the entire case, rather than a district judge, under Local Rule 305, which can reduce the amount of time it takes to resolve a case. 

Why did you decide to become a prosecutor after law school?

In my third year at Stanford law school, I worked as a full-time extern in the San Francisco District Attorney’s Office for law school credit.  I had spent my first two summers working for law firms.  In my very first day at the D.A.’s office, I realized, “this is what I want to do.”  In my first week, there were crowds of disabled defendants who had been protesting the lack of disabled access to the S.F. public transit system (MUNI).  The police had issued the disabled protesters citations, all ordered to appear on this date.  It was complete chaos.  The D.A. came down and ordered the citations dismissed in the interest of justice, then spent the rest of the day trying to arrange the return of the defendants’ property and their safe transit to their homes.  That experience demonstrated the importance of treating people within the criminal justice system with dignity and respect and inspired me to become a prosecutor.  Being a prosecutor was never boring!  I then volunteered at the Santa Clara and Alameda County District Attorney’s offices, then worked for the San Mateo County District Attorney’s office following law school.  I moved to Bucks County, Pennsylvania, and became a prosecutor there, which was a fantastic experience.  Like the Eastern District of California, Bucks County had a wide variety of crimes, and encompassed urban and affluent rural areas.  Bucks County cases have been featured on true crime television shows, like Dateline, and podcasts.  Then, I moved to the Pennsylvania Attorney General’s office, where I focused on narcotics strike force cases.  I was running a wiretap investigation in Pennsylvania that overlapped with a case from the Eastern District of California, that led to meeting my husband, Jim.  Jim was the case agent on the overlapping federal narcotics case in Sacramento, and Ken Newman (an AUSA at the time, who later became the Chief Magistrate Judge of this district) asked me to consider becoming an AUSA in Sacramento.  The rest was history! 

You are also known for your sense of humor—is there a place for humor even in something as serious as law?

The absurdity of the human experience can give rise to humor, but also to tragedy and sadness.  There can be a time and place for humor.  I think trying to humanize the legal process can be acceptable, if it is not directed at a particular person.   

You were already well into your career when you had three children—how did you manage to balance the change?  What advice do you have for lawyers who are also parents?

Balancing a career and children is challenging.  I was fortunate to have exceptionally understanding colleagues and bosses, plus a supportive husband and some great babysitters.  My advice for attorneys who are parents is to think about what will work for you and for your organization, and propose a plan, renegotiating as circumstances change.  I suggest asking for what you need, while keeping in mind how your work benefits the organization.  In my case, I typically started working incredibly early each day at the U.S. Attorney’s Office, so I could spend the evenings with my family.    

You did some unusual things as a prosecutor, including spending a year in Turkey before becoming a judge.  How did those experiences shape your approach on the bench?

I served as a counter-terrorism advisor at the United States Embassy in Ankara, Turkey for one year, bringing my family.  This experience, plus the opportunity to travel in the region, made me very aware of how unique our legal system is.  The alternatives to our system pale in many ways.  The assignment itself was challenging, because the diplomatic process, and the goals of diplomacy, are quite different than the criminal law process and goals.  This year was a fantastic experience for our young children, who got to see there is a much larger world out there.  I think the formative year we spent in Turkey made a lasting impression on our children, two of whom are currently outside the United States. 

What was the biggest surprise when you moved from the U.S. Attorney’s office to the bench?  Some say that serving as a judge is lonely.  Has that been your experience?

Going from a leadership position in a busy prosecutor’s office to the bench was a bit lonely at first.  I found the environment much quieter.  I quickly realized that I must make decisions on my own, because judges rarely have the opportunity to discuss an issue or decision with a colleague.  As a judge, you must be decisive, and to do your best to make the correct decision in every situation.  Over the years, I have gotten more involved in different committees in our district, as well as nation-wide judicial committees.  The judges in our district are all really good colleagues.  We meet once a month, and at the annual Eastern District conference.  

You recently became the Chief Magistrate Judge for the EDCA.  How has that role impacted your work?

The Chief Magistrate Judge role comes with additional administrative work regarding staffing and case allocation, plus involvement in various committees.  Unfortunately, there is no reduced caseload for the Chief District Judge or the Chief Magistrate Judge in the EDCA because the volume of cases is crushing.  We really need to have more District Judges allocated to this district.  On the bright side, the Chief Magistrate Judge role involves serving on interesting committees and learning about other districts.  For example, I serve on the Magistrate Judge Executive Board, and it is fascinating to hear about the differences in local rules and practices throughout the country.    

The Eastern District judges have the heaviest caseload in the nation. How does that impact the judges, and what can be done to alleviate that burden?

I’ve already mentioned the crushing caseload in this district and the dire need for additional judges.  Senior Judges are an incredible blessing for us.  The Senior Judges could retire, but they stay to help the district, and we are very grateful for their important work.  Although we now have all of our six District Judge positions filled, the Fresno docket is still impacted and visiting judges have been traveling to the Fresno courthouse to preside over criminal cases.     

What is your advice regarding motions filed in your court?

My primary advice is to be clear about the legal basis for your motion and the relief you seek.  Also, please be civil.  I have noticed an increase in discovery disputes and motions to compel discovery in civil cases.  If you are ordered to meet and confer with opposing counsel, you need to have a real discussion, not simply trade voicemail or email messages.  For protracted discovery disputes, I find that requiring the attorneys to sit together in the Sacramento federal courthouse and discuss the issues resolves a substantial number of those disputes. 

What is a meaningful object in your chambers, and why?

Everything in my chambers is meaningful.  I especially value the many photos of our family, plus photos of my former colleagues and photos from our year in Turkey.  I cherish the calendars I made each year when my children were smaller, featuring the top family photos for each year.  I framed a letter my son wrote to me when he was starting grade school, which is so sweet and also quite funny (“You are soft like a bunny.”).  My father’s Supreme Court and Ninth Circuit admission certificates are framed (he served as an AUSA in the Northern District of California).  While there are many volumes of published federal cases in my chambers, I primarily use legal databases for my research.  Of course, far more important that the things in my chambers are the people.  I am incredibly fortunate to have top-notch staff including my judicial assistant, courtroom deputy, law clerks, the IT department, and the clerk’s office staff.  Without them, I could not do this job. 

What do you enjoy doing in your time away from the courthouse?

I really enjoy traveling during my time away from the courthouse.  This year, I traveled visited Phoenix, Las Vegas, France, and China.  I also volunteer, including at a mother-daughter community organization, a food kitchen, and an animal rescue organization.  I also enjoy being part of a book club and spending time with our family dog.  Finally, I enjoy exercising on a Peloton bike I bought post-pandemic.    

Interviewer Information: Judge Delaney was interviewed by Christina McCall in December of 2024.  Ms. McCall is a federal prosecutor in the Eastern District of California, after previously serving in the Northern & Southern Districts of California.  Any views expressed herein do not reflect the position of the U.S. Attorney’s Office, or the U.S. Department of Justice.