The story is told that Judge Harry M. Elias once sentenced a defendant in a criminal case to prison, but saw him again years later when the man completed parole.
The judge was thrilled at the reunion.
Recovered from addiction, the former defendant appeared in Elias’ courtroom as an adoptive parent.
On Thursday, days after celebrating his 30th anniversary on the bench, the court said Elias will retire Sunday.
“I have thoroughly enjoyed my time as a judge, and have worked with terrific colleagues who
have helped me throughout my career,” Elias said. “I am also grateful to the scores of excellent attorneys who have appeared before me, and who brought knowledge of new and different areas of the law. It’s been a great opportunity to both learn and help people.”
In November 2019, Elias was one of four San Diego Superior Court judges who signaled retirement by not filing an intention to seek re-election. Others were Jacqueline Stern, Louis Hanoian and Esteban Hernandez.
Elias completes his judicial career where he began — in the North County Regional Center in Vista where he presided over civil and criminal trials, hearings and case settlements for 30 years.
First serving on the North County Municipal Court, where he served as presiding judge in 1994-1995, Judge Elias was elevated to the Superior Court during the municipal and superior courts consolidation in 1998.
With invaluable help of his courtroom clerk of 22 years, Susan Smith, he has spent the last nine months conducting nonstop virtual hearings to help keep the criminal justice process moving during the COVID-19 pandemic, officials said.
Both as a prosecutor and judge, a primary focus of Elias’ career was handling serious criminal cases — including numerous homicide and sexual assault trials.
“Eight years ago, he found some balance from the harsh realities of criminal court by serving as the judge who handled all of the adoption cases in North County,” said a profile by court spokeswoman Emily Cox.
“His oversight of adoptions and criminal matters converged when an individual whose adoption he officiated later served as a juror in one of his criminal cases.”
For eight years, he presided in a Juvenile Dependency Court assignment where he handled cases concerning children removed from parents or caretakers due to allegations of child maltreatment.
Before his appointment to the bench, he was a prosecutor in the San Diego County District Attorney’s office from 1976 to 1990.
In 1985, he was appointed the first chief of the newly formed Family Protection Division, which prosecuted cases involving child abuse and neglect, domestic violence, child sexual assault and
child abduction.
His unit, which worked closely with the Child Protection Center at San Diego Children’s Hospital, became known for its innovative advances in interdisciplinary coordination and child-friendly approaches to cases involving child victims.
The unit received a federal grant which helped to establish it as one of the early models for specialized handling of these difficult cases.
In 1999, Elias was appointed by the governor’s office to the Children’s Justice Act Task Force for the state of California, which assists in determining federal funding priorities for child abuse programs.
He has served as its chairman for nearly 20 years. He also is a member of the Judicial Council of California’s Violence Against Women Education Project.
He is a life member of the American Professional Society on the Abuse of Children, the first national, interdisciplinary organization to address the issue of child maltreatment.
He served as a member of the Board of Directors and was elected APSAC’s President in 1997-98.
In 2003, in a collaboration between APSAC and the University of Dundee, Scotland, Elias helped develop and teach a weeklong course on Advanced Forensic Interviewing of Child Witnesses.
This course, which took place in Dundee and included an international faculty, was so successful it maintained a waiting list attendance for over a decade, at which point it was adopted by and made mandatory training by the Scottish Police College.
“Elias’ time teaching in Scotland, with the many golf courses nearby, contributed significantly to his devotion to all things Scottish. His father-in-law, who was born and raised in Scotland, bequeathed his kilts to Elias, who still wears them when the right occasion arises,” Cox wrote.
In service to fellow judicial officers, Judge Elias was a faculty member of the Judicial Council of California’s Center for Judicial Education and Research. For several years, he has taught the 40-hour New Judge Orientation course and recently, helped rewrite the curriculum to be
delivered remotely due to the COVID-19 pandemic.
He has also been a CJER instructor on Sexual Assault Cases, Judicial Ethics and Juvenile Dependency. Some of Judge Elias’ other professional memberships include the Association of Juvenile Court Judges of California, and the California Judges Association, where he previously chaired the Criminal Law & Procedure Committee.
“Judge Elias’ knowledge of the law, his ability to manage a heavy calendar and his incredible work ethic are irreplaceable,” said San Diego Superior Court Presiding Judge Lorna Alksne.
“While San Diego is losing a dedicated jurist, I am pleased to announce that Judge Elias will continue to serve the State of California through the statewide Assigned Judge Program where he could be assigned to sit in any county, including San Diego, on a temporary basis due to a
court’s needs.”
Harry Elias earned his B.A. from the University of Michigan, and his law degree from the University of San Diego.
He was a Michigan letterman and is an avid UofM football fan; known for his innumerable blue & maize ties and outfits worn under his robes every Friday before a game.
He likes to say he’s the only judge who has both Bo Schembechler and Jim Harbaugh bobbleheads on the shelf behind his bench. (Harbaugh, also a Michigan football coach, once guided the University of San Diego football team, where Elias attended law school.)
In retirement, Elias plans to spend time with his wife traveling and visiting his children and young grandchildren, who he has not seen in over a year due to the pandemic.
He hopes to come back on occasion as a temporary assigned judge, and hopes to become a temporary player on each of the three small golf clubs in Scotland, where he is a member.
