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Writer's pictureFBA, San Diego Chapter

Judicial Profile: David Leshner


A portrait of Judge David Leshner, U.S. Magistrate Judge in the Southern District of California.
Judge David Leshner

Where did you grow up?


My family moved around when I was young because my dad was finishing his medical training and serving as a doctor in the Navy.  Our moves included a couple of years in San Diego when my dad was at the Naval Hospital in Balboa Park. We left San Diego when I was in kindergarten (go Curie Colts!), and we ultimately relocated to Richmond, Virginia, when I was in third grade. I spent my formative years in Richmond before going to college at the University of Virginia.    

 

Who influenced you growing up?


My dad was a pediatric neurologist who dedicated his career to treating children in public hospitals and teaching new neurologists how to practice medicine with kindness and humility. When I was young, he would leave for a week each summer to go to “camp.” What I didn’t appreciate was that he spent that week volunteering as the camp doctor at a summer camp for children with muscular dystrophy. When I was 13 years old, I volunteered as a camp counselor and watched my dad work around the clock so the campers could enjoy a week of summer camp like other children. That was my first real insight into what it meant to serve others. 

  

Did you always know you wanted to be a lawyer?


Not so much. I took a couple of pre-med science classes in college, but I quickly realized that wasn’t for me. I decided to major in History instead, and in one of my courses I learned about Charles Houston, an attorney who was involved in civil rights cases prior to Brown v. Board of Education. His life is a testament to the power of lawyers to make the world a better place and sparked my interest in attending law school.


Although I knew I wanted to go to law school, I decided not to do that right away. In high school and college, I had volunteered as a tutor for elementary school children, which I found fulfilling. That experience led me to apply to Teach For America after college. I was accepted, and TFA assigned me to teach middle school history in Houston, Texas.  


What was your experience as a middle school teacher?


It was the hardest thing I had done in my life to that point. Due to a classroom shortage during my first year teaching, I was designated as a “floater,” meaning I taught in other teachers’ classrooms and moved my teaching supplies from classroom to classroom between periods. I was assigned to teach both seventh grade Texas History (which I knew nothing about) and eighth grade United States History, so I prepared two sets of lesson plans for each day. 


My first year of teaching was particularly tough. I wasn’t an effective teacher, and I didn’t know how to maintain control of a classroom. In my second year, I joined a program at our school for older seventh grade students deemed at-risk for dropping out. We compressed two years of instruction into one school year to assist the students in reaching high school. Not all of the students made it through the accelerated program, but those that did succeed went on to high school the next year.


In many ways, teaching middle school was the hardest job of my life, but it was incredibly rewarding. At the end of each day, no matter how difficult it had been, I believed I was making a difference in the lives of my students. 


Did you think about teaching as a career?


I considered staying at the middle school beyond my two-year commitment, but I ultimately decided to apply to law school. I left teaching with an enduring respect for teachers and others who dedicate their lives to education as well as a sense of what it felt like to be part of something bigger than myself and to work on behalf of others.


Who influenced your legal career?


I’ve had mentors at every step of my legal career, and there are too many people to name. One of my formative experiences was serving as a law clerk for District Judge Howard Matz in the Central District of California. I was a law student at Washington & Lee University in Virginia, and I didn’t think I had a chance at getting a clerkship in Los Angeles, so I was a bit shocked when Judge Matz asked me to interview. I flew to Los Angeles, took a bus to downtown and walked to the federal courthouse, where I changed into my suit in the public restroom. I’m not sure how professional I looked when I emerged from the restroom for the interview, but Judge Matz took a chance on me and offered me the clerkship.


One of the many things I learned from Judge Matz was the importance of preparation and listening with an open mind. The parties who appeared before Judge Matz knew at the conclusion of the hearing that he had fully considered their respective positions and that they had been heard.  I also saw Judge Matz’s willingness to change his mind when he was convinced it was the right thing to do. His intellectual honesty, integrity, and humility have had a lasting impact on me. 


Why did you decide to join the U.S. Attorney’s Office?


After my clerkship, I spent six years with a law firm in Los Angeles handling civil cases and white collar criminal defense investigations. Although I enjoyed the firm, I applied to the U.S. Attorney’s Office in San Diego because I wanted to return to public service and gain trial experience. After interviewing with Carol Lam and Karen Hewitt, I knew I wanted to join the office. 


It was a big decision for our family because we had a two-year-old and another child on the way and because my taking the job meant that Shannon would leave her job at the Los Angeles City Attorney’s Office. But we decided to go for it, and we arrived in San Diego on New Year’s Eve 2006 not knowing how long we would be here. It turned out to be a wonderful decision for our family, and we still love San Diego almost eighteen years later.

 

What did you most enjoy about being an Assistant U.S. Attorney?


My job as an AUSA was to seek justice and do the right thing. Often that meant vigorously pursuing prosecutions, but doing the right thing also meant showing leniency or even dismissing a case where the facts justified it. I had the freedom to do what I believed was right and to follow the facts wherever they led, regardless of the outcome. That’s why I enjoyed coming to work every day as an AUSA. 


I also appreciated the relationships I developed with others in the “federal family,” including defense counsel. Zealous and ethical advocacy by prosecutors and defense counsel is essential to the functioning of our criminal justice system, and I always respected advocacy by defense counsel on behalf of their clients. I think that respect allowed me to build good relationships with defense counsel even when we were on opposing sides in challenging trials.    


My responsibilities changed when I became the Criminal Chief in 2019. It wasn’t a role I was seeking, but my friend Pete Mazza had rejoined the office as the First Assistant, and when he and the new U.S. Attorney, Bob Brewer, asked me to take on the position, I said yes. Being the Criminal Chief presented a new set of challenges, but I felt a responsibility to give back to the office that had given so much to me. And I will always be grateful that serving as Criminal Chief allowed me to spend time with Pete. 


What types of cases were most meaningful to you?


Then-AUSA Todd Robinson and I handled two cases involving the murders of Border Patrol agents in the line of duty. We worked on one of those cases for over 10 years through the investigation, extraditions of the defendants, and two trials. Another case that we tried involved gang members who murdered multiple people, including a victim who the defendants believed was cooperating with law enforcement. In each of those cases, we sought justice on behalf of the victims and their family members, which was particularly meaningful to me.    


What do you enjoy about being a Magistrate Judge?


I really enjoy the variety of civil and criminal cases. I’ve been on the bench for just over two years, and I constantly encounter legal issues that are new to me. I like to tell people that I’m out of my comfort zone after handling criminal cases exclusively for 15 years, and I learn something every day. I don’t hesitate to admit when I’m unfamiliar with a legal issue, and I’m willing to tell attorneys who have expertise in a particular subject matter area that they know more than me and ask a lot of questions. 


I knew when I applied to be a Magistrate Judge that one of my primary responsibilities would be to assist parties in settling civil cases. But I didn’t know how much I would enjoy this aspect of the job, which involves understanding both the legal issues in a case as well as what is important to each side beyond those issues. Working on a settlement allows me to talk directly to the parties, and it’s rewarding to assist in reaching a resolution that will allow parties to put the lawsuit behind them and move forward with their lives. 

 

How do you stay involved in your community?


I’m a member of the San Diego High School Mock Trial Competition Committee, which organizes an annual competition for high schools throughout San Diego. I recently concluded six years of service on the board of directors of Casa de Amistad, a non-profit organization that provides tutoring and mentoring services to children in northern San Diego County.


What do you do outside work?


Spending time with my family is number one. Eating dinner together every night is important to us, and I try to attend as many of our children’s sporting events and other activities as I can. On the weekends, you can find me at our son’s high school baseball games, gardening at home or surfing. I don’t claim to be a good surfer, but being in the ocean is my happy place.


Do you have any advice for newer attorneys?


Treat everyone with respect and civility, and insist that others treat you the same way.


Be unfailingly honest, especially where an honest answer may not be helpful to your argument. Your reputation is everything, and you want to be the attorney the judge knows will give a straight answer to a question about the facts or the law.

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