Public Safety

Veteran Public Defender Takes the Bench

Just days after learning of his appointment, Michael Popkins is getting sworn in as a judge.
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San Diego County Deputy Public Defender Michael Popkins has spent 35 years representing people charged with crimes. He’s defended notorious killers and wrongly-accused innocents. Until a few days ago, he was focused on helping free people who’d expected to spend life in prison.

But this week, Popkins’ life’s work came to an abrupt halt when got the call to report for a very different duty in San Diego’s justice system.   

Today the veteran public defender will be sworn in as a Superior Court judge in the downtown courthouse. Gov. Jerry Brown announced the appointment Tuesday, and Popkins said he only learned the news last Saturday. He’s been scrambling this week to celebrate, wrap up his old affairs, and get ready for his new kind of work.

He said he’s “honored and humbled” to be appointed to the bench, a rare enough thing for any lawyer, but especially unusual for a criminal defense lawyer. Popkins is the second San Diego County public defender to be elevated to a judgeship, following Ana España in 2008.

Still, Popkins said the transition from lawyer to judge would be equally dramatic for defender or prosecutor.

“You have to go from the role of an advocate to basically the role of an umpire or referee,” Popkins said. “Your job is to make sure both sides have a fair trial. It’s a completely different role. You have to just lie back and remain neutral.”

Popkins is confident he’ll make the transition, though he knows there will be a learning curve. He’s enjoyed his work as a public defender, but he’s looking forward to a new role.

“I believe there is no greater thing I can do than serve the public by being a judge,” Popkins said. “I am truly most grateful for the opportunity.”

Public defenders are appointed to people charged with a crime who can’t afford a lawyer. Popkins said serving the public and helping people—not to mention the infinite variety of cases and human stories— are what kept him interested in his job so long. He’s been a deputy public defender at the San Diego County Public Defender’s Office since 1985, following seven years as a public defender in Los Angeles.

Popkins has handled many complex and high profile cases here, including five death penalty cases. He was the lead counsel representing John Gardner, who was sentenced to life in prison in 2010 for the rape and murder of North County teens Chelsea King and Amber Dubois.  

Popkins said his recent work reviewing Proposition 36 cases—cases in which people were sentenced under the state’s Three Strikes law to 25-years-to-life but now may qualify for release—is one example of why being a public defender can be so satisfying. Last year Californians voted to change the Three Strikes law to only include violent crimes as the third strike.

“These are people with life sentences who went to prison on such things as drug possession,” Popkins said. “We’ve taken the cases back to court, and 26 out of 26 of them have been released so far. People have been given a second chance.” 

Popkins, 62, has three adult children—one a professional ball player in the St. Louis Cardinals farm system. He’s engaged to be married to a criminal defense attorney and former public defender.

Popkins has also worked as an adjunct professor at the California Western School of Law since 2009. He earned his Juris Doctorate degree from the University of San Diego School of Law and a Bachelor of Science degree from Villanova University. 

Public Defender Henry Coker congratulated Popkins this week, and said his accomplishment was a reflection on the good work done by the County’s public defenders.

“This is not only a high honor for Michael, but a recognition of the quality and dedication of the attorneys in this office,” Coker said.