JUDGE FENG REPORT CARD

 Samuel Feng was appointed to the Superior Court in September 2009 by former Governor Arnold Schwarzenegger.  Judge Feng attended the University of Southern California, earning a B.A.  He received his J.D. from the University of California Hastings Law School.  Feng served at house counsel for the California Automobile Association from 1991-1998 and then from 1998-2009 became a partner at the firm Feng and Lee,  which specialized in insurance, bad faith employment discrimination, personal injury, real property and contract cases. Additionally, he served as a member of the Court Facilities Advisory Committee (CFAC) as well as a member of its Courthouse Cost Reduction Subcommittee and chaired its Subcommittee on Courthouse names.  Judge Feng served a term as presiding judge of the San Francisco Superior Court for two years beginning in January 2021. His duties included assigning judges to departments and assigning and reassigning cases. His current term ends on January 6, 2025. 

 

Grade: INSUFFICIENT INFORMATION TO GRADE 

Survey Rating: Judge Feng earned an average survey rating of 4.8 from trial attorneys who closely observe the courts. His highest rating was for professionalism and judicial temperament.  Ratings are on a scale of 1 to 7, with 7 the highest score.  

Refused to answer any questions posed to judges regarding voter education, appeals of their decisions, published writings, judicial application, etc. 

Case History: Judge Feng issued only two orders on narcotics sales cases during the period of our study, too few to reach any conclusions.  Judge Feng was the presiding judge during much of the period, with responsibility for assignments of San Francisco Superior Court judges to criminal law, civil law and other departments. 

Example: None. 

Comments from Court Observers:  

“Is risk adverse, doesn't want to be unpopular with the public. Wants to please everyone. He would never accept pleas on DUIs for that reason. (Sometimes) bad for the best reasons. He tried to curb obvious misstatements by defense attorneys, but Public Defender Adachi pushed back.” 

Appeals: See People v. Garcia-Zarate below. 

Media reports: 

Judge Feng presided over People v. Garcia-Zarate, a high-profile trial involving the fatal shooting of Kate Steinle on Pier 14 in San Francisco on July 1, 2015. Judge Feng presided over the trial that resulted in the acquittal of the defendant on murder and manslaughter charges, but his conviction on a lesser charge of being a felon in possession of a firearm23.  On August 30, 2019, the California state 1st District Court of Appeals overturned the felon in possession of a firearm conviction, saying "the judge failed to instruct the jury on one of his defenses,"[63] according to Wikipedia. Court throws out gun conviction in Kate Steinle killing (mercurynews.com)

Interview with Judge Feng after winning Barristers’ Club award: A Conversation with Presiding Judge Samuel K. Feng, Recipient of the 2021 Tara L. Riedley Barristers Choice Award - The Bar Association of San Francisco (sfbar.org) 

Presides over, and makes rulings favoring both sides, in self-defense murder case:

https://www.sfchronicle.com/crime/article/SF-murder-suspect-testifies-stabbing-after-night-13429428.php 

Presides over murder case involving tenant rights attorney:

https://www.sfchronicle.com/crime/article/Conflicting-narratives-emerge-in-murder-trial-of-13376556.php 

Dismisses criminal charges of homeless street camping in 2018 following Ninth Circuit ruling:

https://www.sfchronicle.com/bayarea/article/SF-judge-throws-out-charges-against-homeless-13319201.php 

As Presiding Judge, closed courtrooms during COVID. Public Defender’s challenge for violations of speedy trial law denied by appeals court:

https://www.sfchronicle.com/bayarea/article/S-F-courts-won-t-be-forced-to-lift-COVID-17169273.php