Judge Patrick J. Smalling

Judge Patrick J. Smalling was appointed to the San Joaquin Superior Court by Governor Gavin Newsom in April 2021, filling the vacancy left by the retirement of Judge Brett H. Morgan. His entire pre-bench career — spanning nearly two decades — was spent as a Deputy Public Defender at the San Joaquin County Public Defender's Office, beginning in 2004 after a brief volunteer stint at the San Francisco County Public Defender's Office. This background is the single most defining feature of his judicial profile. Judges who come exclusively from public defense careers bring a distinctive lens to the bench: deep familiarity with criminal procedure from the defense perspective, heightened sensitivity to constitutional rights issues (particularly Fourth, Fifth, and Sixth Amendment claims), and an experiential understanding of the pressures and realities faced by indigent defendants and their counsel. Because no ruling analyses, attorney observations, or ingested content are currently available, direct behavioral patterns cannot be confirmed. However, his career trajectory strongly suggests a judge who is likely to scrutinize prosecutorial conduct, take suppression motions seriously, and be attuned to ineffective assistance of counsel arguments. His appointment by a Democratic governor further aligns with a judicial philosophy that tends to emphasize individual rights, equitable outcomes, and skepticism of overreach by law enforcement or the state. Attorneys should treat this profile as a baseline inference framework rather than a confirmed behavioral map. The absence of ruling data means all strategic guidance here is derived from career-pattern analysis and appointment context. Practitioners who appear before Judge Smalling regularly are encouraged to contribute observations to refine this profile over time.

For criminal defense attorneys, Judge Smalling's public defender background is a significant strategic asset. He has spent nearly two decades in the trenches of criminal defense, which means he understands the practical realities of case preparation under resource constraints, the weight of constitutional protections, and the human stakes of criminal adjudication. Defense counsel should feel confident presenting well-developed suppression motions, Marsden hearings, and sentencing mitigation arguments — these are areas where a former public defender is likely to engage substantively rather than dismiss summarily. Cite constitutional doctrine carefully and thoroughly; this judge likely has strong foundational knowledge of Fourth and Sixth Amendment jurisprudence. For prosecutors and civil litigants, the strategic calculus is different. Prosecutors should anticipate rigorous scrutiny of search and seizure issues, Miranda compliance, and discovery obligations. Overstating evidence or minimizing defense arguments is likely to be counterproductive before a judge who has personally made those same defense arguments for years. In civil matters, where his background provides less direct inference, attorneys should default to thorough preparation, clear briefing, and professional demeanor — there is insufficient data to identify specific civil litigation tendencies. All attorneys should recognize that Judge Smalling is a relatively recent appointee (2021), meaning he is still developing his courtroom norms and procedural preferences. Early-career judges often appreciate well-organized, clearly structured arguments that help them manage their dockets efficiently. Avoid assumptions based on the prior occupant of his seat, Judge Brett H. Morgan, as judicial philosophies can differ substantially.

• critical

  Research Local San Joaquin Criminal Procedure Norms

  Given Judge Smalling's exclusive background in San Joaquin County criminal practice, attorneys — especially those appearing from outside the county — should familiarize themselves with local criminal court customs, standing orders, and any department-specific rules that may apply.

• critical

  Prepare Thorough Constitutional Briefing in Criminal Matters

  For any suppression motion, Pitchess motion, or rights-based argument, invest in comprehensive briefing. Judge Smalling's background means he will likely read these arguments carefully and may probe counsel during oral argument on the legal standards.

• important

  Obtain Current Courtroom Preferences From Court Staff

  As a relatively new judge still developing his courtroom norms, contact the clerk or courtroom assistant to confirm preferred briefing formats, oral argument expectations, and any standing orders not yet widely published.

• important

  Prepare Sentencing Mitigation Materials Thoroughly

  In criminal sentencing proceedings, prepare detailed mitigation packages including client background, rehabilitation efforts, and individualized factors. A former public defender is likely to value this work and give it meaningful weight.

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  Anticipate Rigorous Discovery Compliance Review

  Prosecutors and civil litigants should ensure discovery obligations are fully met before appearing. A judge with a defense background will be alert to discovery gaps or delays that disadvantage the opposing party.

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  Build a Practitioner Network for Behavioral Intelligence

  Given the absence of ruling data, the most valuable preparation is gathering firsthand accounts from San Joaquin County practitioners who have appeared before Judge Smalling since his 2021 appointment. Local criminal defense attorneys and prosecutors are the best current source.

• ›Treat all parties and counsel with professional respect — a judge who spent his career advocating for marginalized defendants is likely to be sensitive to dismissive or condescending conduct toward opposing counsel or defendants.
• ›Be prepared for substantive engagement on constitutional issues; do not present boilerplate arguments on suppression or rights claims, as Judge Smalling likely has deep personal knowledge of these doctrines from his defense practice.
• ›Arrive fully prepared on procedural posture — as a former practitioner in this same courthouse, Judge Smalling will likely have little patience for attorneys who are unfamiliar with the case file or local procedural requirements.
• ›Acknowledge weaknesses in your case proactively; a former public defender who has heard every prosecutorial argument knows when counsel is overstating their position, and credibility is best preserved through candor.
• ›Demonstrate respect for defendants and litigants as human beings — performative or dehumanizing language about criminal defendants in particular is likely to register negatively with a judge whose career was built on humanizing those same individuals.