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Officials Say Remarks by Judge Show Panel Needed : Courts: His comparison of woman in divorce case to cow and mention of ‘good looks’ underscore the need for new bias committee, bar group says.

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TIMES STAFF WRITER

A judge’s sexist comments in a divorce case underscore the need for a newly formed committee to educate local judges and attorneys that gender bias has no place in the courtroom, lawyers and leaders of women’s groups said Thursday.

Retired Orange County Superior Court Judge Ragnar R. Engebretsen was overruled in a 1988 divorce case Tuesday by a state appellate court, which criticized the judge for comparing a woman to a cow and saying she “had nothing going for her except her looks.”

The court system has made strides to curb gender bias, but tales of sexism and recent statewide studies documenting such abuses in the courtroom have triggered the formation of the Orange County Bar Assn. Gender-Bias Committee, said Michelle A. Reinglass, the association’s incoming president.

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“I think most judges and attorneys (in Orange County) are committed to ending gender bias, but that doesn’t mean it doesn’t happen,” Reinglass said.

Reinglass formed the committee in December because of concerns about sexism in Orange County courtrooms. The committee will work closely with a similar task force organized by Orange County Women Lawyers, said group president Veronica Gray.

“Usually, sexism in the courtroom is less subtle than comparing a woman to a cow, but this happens all the time,” Gray said. “I’m delighted (with the appellate court’s reversal). It’s a tremendous step forward.”

On March 15, 1988, Engebretsen upheld the validity of a prenuptial agreement denying Cheryl Iverson of Newport Beach any community property accumulated during her 15-year marriage to George (Chick) Iverson, a Newport Beach car dealer.

It was estimated during the trial that George Iverson earned between $10 million and $20 million during the marriage. The division of community property would have been worth half that amount to Cheryl Iverson.

In making his ruling, Engebretsen dismissed the woman’s claims that George Iverson was the first to suggest marriage.

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“That (marriage) would be the last thing on his mind,” said Engebretsen, who repeatedly commented on the woman’s “lovely” appearance. “And, why, in heaven’s name, do you buy the cow when you get the milk free, as we used to say. And, so, he’s getting the milk free.”

The 4th District Court of Appeal ordered a retrial after concluding that Engebretsen’s comments were “so replete with gender bias that we are forced to conclude Cheryl could not have received a fair trial.” The court ordered the new trial held before a different judge.

E. Robert Lemkin, attorney for George Iverson, said that his client was upset that he would now have to endure another trial. Neither Iverson could not be reached for comment. Engebretsen did not return phone calls seeking comment.

Engebretsen, who ended full-time duty in April, will continue to handle civil cases on assignment, a routine procedure for retired judges in the overcrowded courts, said Judge Donald E. Smallwood, presiding judge of the Orange County Superior Court.

“He’s a colorful judge who made some comments that came back to haunt him,” said Smallwood, who added that Engebretsen enjoys a reputation as a fair and honest judge. “While his comments were unfortunate . . . I don’t think you can hold this one instance against him forever.”

Smallwood said local judges attend education sessions where gender bias is discussed.

In 1990, a state Judicial Council published a 680-page report documenting widespread sexual discrimination in California courtrooms, ranging from sexist comments to unwanted advances by male judges and attorneys.

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A study by the U.S. Court of Appeals in San Francisco made public in August found similar problems at the federal level. Both reports noted the small percentage of women judges.

Sexism is not only directed at women, said attorney Marjorie Fuller, who will co-chair the Gender-Bias Committee with Associate Judge Sheila Prell Sonenshine of the 4th Appellate District, state Court of Appeal.

“You see it in custody cases: A judge assumes a woman is a better mother just because she’s a woman,” said Fuller, who represented Cheryl Iverson during her appeal.

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