Home

10%

Giving defendants ‘a fair shot’

Jennifer Thurston reflects on highlights and challenges from first year as district judge

By California State University, Bakersfield

February 15^th, 2023

California State University, Bakersfield alumna Jennifer Thurston hasn’t had much downtime during her service this past year as a U.S. federal district court judge for the Eastern District of California.

Thurston — who was nominated by President Joe Biden, confirmed by the U.S. Senate and sworn into office in December 2021 — has a heavy load of criminal and civil cases that she has to manage.

Thurston is one of only two district judges in the Fresno division. The Eastern District, as a whole, has fewer judges than the other three districts despite having jurisdiction over most of the state.

“Our district is very busy. We’ve had a huge number of trials,” she said. “It’s overwhelming how much work there is.”

After Judge Thurston first arrived on the bench at the Fresno division — becoming the second woman to serve as a district judge in the Eastern District — she hoped to be able to catch up on a backlog of motions in the district that had been pending for over a year.

Thurston said there were 120 motions that needed to be readied for decision when she joined the bench. She completed 80 motions within her first six months. However, by that time, there were another 140 pending.

“It’s just a constant, never-ending wave,” she said. “I’ve heard people say it’s like drinking from a firehouse, and it truly is.”

Judge Thurston had also thought she would have more time to focus on civil cases but found that criminal matters were taking up most of her time, due in part to a backlog that grew as a result of COVID-19.

Thurston recalled that in one of her first cases, a murder trial was delayed for several months after two lawyers, one of the defendants and several jurors came down with COVID.

“We sat six jurors as alternates, and by the end of deliberation, we had used all of the alternates. It was just a crazy long trial,” she said.

The long hours have also made it challenging for Thurston to balance work and personal time. However, she and her family are used to the rigorous work schedule, as Thurston served as a magistrate judge for 12 years prior to becoming a district judge.

In that office, Thurston presided over federal pre-trial cases as well as non-felony criminal and civil cases.

One thing that has helped her, both as a magistrate judge and in her new position, is that Thurston is able to do some of her work from home, allowing her to take more breaks and spend more time with family.

“I do think it’s really important to carve out time for doing the things you need to do to be able to keep going. This is the kind of job that can completely eat you up if you’re not careful,” she said. “If you can’t take care of yourself, you can’t take care of anyone else.”

Thurston’s hard work and sacrifices are being recognized by CSUB next month. She and three other alumni — Bakersfield College Chair of Performing Arts Kris Tiner, Kern County District Attorney Cynthia Zimmer and Kern Family Health CEO Emily Duran — are being inducted into the Alumni Hall of Fame and will be honored during a March 3 event in the Doré Theatre.

“I think of Bakersfield as my home, so to be recognized for being a part of the community is really important to me,” Thurston said. “The level of education that you get at CSUB is amazing. I went there when it was still a state college, and my mom graduated years before me. My husband and sister went there too. I’m very happy to have my little piece of history.”

Thurston’s efforts also haven’t gone unnoticed by Chief U.S. District Judge Kimberly Mueller.

“As we knew she would, Judge Thurston has hit the ground running in her first year and proven an indispensable member of the Eastern District of California’s Article III bench,” she said. “She assumed a staggeringly high number of cases, reflective of our district’s heavy workload, and has presided over her criminal and civil matters with excellence, diligence and grace. The court and the community are fortunate beneficiaries of Judge Thurston’s dedication to meaningful public service as a member of our nation’s independent federal judiciary.”

'Everyone has a story'

Thurston relishes the new opportunities the office has provided her, despite the pressure and responsibility that comes with being a district judge.

“The cases I get are challenging and interesting,” she said. “While I had a lot of cases as a magistrate judge, I wasn’t eligible to decide on some of the really tricky and interesting issues because the jurisdiction was limited. One of the most interesting parts of the job is to really be able to dig into the tough issues.”

Besides criminal matters, she’s had to rule on free speech cases and is currently preparing for a set of complex cases relating to water rights.

Thurston said she appreciates that she gets to be the person to make decisions on cases that have a significant impact.

“It’s very satisfying to work hard and get to a decision that you think is the right one for everyone,” she said. “There is that measure of control you have on making decisions that affect not only the people right in front of you but a wide range of people.”

As a district judge, Thurston has spent much of her time on the bench sentencing people and has come to realize that most of whom she sentences aren’t bad people but have just made poor decisions or have gotten caught up in a bad situation that has led them to the courtroom.

“It was very important for me to learn that there are very few really bad people,” she said. “Everyone has a story. People basically want to do the right thing — they just don’t always know what that is or how to do it.”

Thurston’s guiding philosophy is to really listen to the defendants and hear what they have to say.

“Some of these people who come before me really have not had people just listen to them,” she said. “I think having a federal judge say ‘I hear you, I support you and I’m cheering for you’ is important. I can’t say everyone is happy with the sentence I give them, but I don’t think many leave my court without having some words of encouragement. Even if it doesn’t work out the way you wanted, at least you feel you got a fair shot.”

Criminal Defense Attorney David A. Torres, who has known Thurston for over 15 years and has appeared before Thurston frequently during her time as a magistrate judge, said it is this sense of fairness that he has always appreciated about her.

“I always found her to be extremely fair. She gives a tremendous amount of consideration to the defendants,” he said. “That’s one of the most important qualities any judge can have — understanding that balance between what the law tells you to do and what is just in a situation. Her decisions were always very sound, regardless of whether they went my way. I’m thankful to have a judge who was able to make decisions with impartially and justice, and with a great understanding of applying the facts of law.”

Torres said the Eastern District is lucky to have someone like Thurston on the bench.

“It was a welcome appointment, simply because she has a wonderful reputation in the legal community,” he said. “The fact she was selected as a district judge is beneficial to all lawyers who try cases in the district. We know we have somebody who’s going to make rapid decisions but also sound and balanced decisions. Jennifer’s selection is obviously beneficial to not only the people of Kern County but all litigants in the Eastern District.”

Thurston at her investiture as a Kern County magistrate judge in 2010.

An inspiration to the community

Although Judge Thurston now lives in Fresno, she hasn’t lost touch with her Bakersfield roots. Thurston frequently travels to the city and has kept in contact with family and friends who still live in the area.

Many of Thurston’s former colleagues have been keeping an eye on her career trajectory. Former Kern County Counsel Bernard Barmann, who worked with Thurston for over a decade in the office, attended her investiture ceremony and was excited to see her become the first Bakersfield attorney to become a federal district judge.

“It was very inspiring and fulfilling to see,” he said. “I think [Jennifer] is a great choice. She proved herself both in my office and as a magistrate judge. We’re all pleased and proud of Jennifer. It’s always good to see that kind of talent go where it can be well-used and serve the community. I expect her to continue to do great work and serve the district well.”

Kern County Superior Court Judge Susan Gill has known Thurston ever since she was her student at the California Pacific School of Law in the 90s. Gill worked with her during her time in the County Counsel’s Office and the two developed a close friendship.

Gill said she’s enjoyed seeing Thurston’s career grow and expand over the years. She was excited to see her transition to a larger stage as a district judge.

“For our region and Cal State Bakersfield to have Jennifer Thurston on the federal bench as an Article III judge is huge — it’s absolutely huge,” she said. “It’s a huge honor for our community, a huge honor for the school and an appropriate recognition for her.”

Gill said Thurston has been doing a great job and is a very good fit for the office.

“She’s so smart and she’s so diligent, yet so normal. She’s the entire package, and that’s what you want in a judge,” she said. “You want somebody who has real-life experience, somebody who can show empathy and compassion but can also be firm, who knows the law and will do the work.”

The gravity of Thurston being one of only a few women in such a high position in the federal court system is not lost on Gill. She hopes Thurston will serve as an inspiration to the girls and women she interacts with as judge.

“Girls who come to court, female jurors who look up and see a female judge there — I think they’ll have more respect for the system, more confidence in the system. That’s something you really need for [it] to work well,” she said.

Thurston’s induction into the CSUB Hall of Fame is just one reflection of how momentous of an occasion her appointment is for the region, according to Gill.

“I’m so very proud of her and all she’s accomplished, and I’m proud of Cal State Bakersfield for finally putting her into the Hall of Fame,” she said. “If Jennifer Thurston doesn’t belong in the Hall of Fame, nobody does. It shouldn’t exist without her.”

Torres agrees that Thurston belongs in the Hall of Fame and believes she is a major asset for the Eastern District.

“She is not only worthy of being a Hall of Fame member for CSUB, but she is certainly, in a short amount of time, a superstar for the Eastern District of California,” he said. “She is on her way to becoming one of the most revered and respected judges in the district.”

Thurston (in red) with Kern County Superior Court Judge Susan Gill (in gray) participate in a CSUB Speed Mentoring event for students.

'Always be open to new opportunities'

While Thurston graduated from CSUB in 1989 with a bachelor’s degree in business administration with a concentration in marketing, she said coming to the university not only changed her personal life — she met her husband while at CSUB — but also her professional life.

“Having gone to Cal State Bakersfield, it did kind of direct my career,” she said. “I went to law school locally, and then it was my work at the County Counsel’s Office that got me noticed by this district, and that’s what helped me become a magistrate judge. I think if I had gone to a different school, I would definitely have ended up in a very different place.”

To help give back to the university, in addition to her work as a judge, Thurston has mentored students in CSUB’s Pre-Law Program and was a frequent panelist and guest speaker for the program’s events.

She has also been heavily involved with other schools, serving as a judge and coach for the Kern High School District’s mock trial competition and organizing the Open Doors to Federal Courts program, which introduces high school and college students to careers in the federal court system and in federal law enforcement.

Associate Professor of Political Science Dr. Jeanine Kraybill, who oversees the Pre-Law Program and nominated Thurston for the Alumni Hall of Fame, said she is a great role model for students.

“Judge Thurston’s career as a federal magistrate, and now district court judge, is not only inspirational to our CSUB pre-law students, but models the call to public service,” she said. “Judge Thurston is dedicated to the youth of the Central Valley, as evidenced by her dedication to the Open Doors to the Federal Courts program, CSUB’s Speed Mentoring event and the many times she has guest lectured to our students and invited them to her courtroom. Our region is better because of her service, and she brings great distinction to CSUB’s Hall of Fame.”

While she hasn’t had much time to be involved with the Pre-Law Program since being appointed as a district judge, Thurston hopes that will change in the future.

“I want to do more, but at this point, I’m trying not drown in work. I have to limit what I’m saying ‘yes’ to,” she said.

Judge Thurston’s advice for CSUB students: Always be open to new opportunities, even if they seem scary.

“It’s really easy to say ‘no’, but when a good opportunity presents itself, I think it’s important to say ‘yes,’” she said. “Usually, those opportunities you most want to say no to are the most challenging, but those are also the ones that have the biggest payoff.”