Honorees

Hon. Ben W. Hamrick

1924-2007

Each day in Ben Hamrick’s courtroom started the same way.  He would open the door, take on step inside the courtroom, and face the flag.  “All rise,” the bailiff said, “facing the flag of our country, and remembering the principles for which it stands, Department 35, the Honorable Ben Hamrick presiding, is now in session.  Be seated and come to order.”

In eighteen years on the bench, remembering the principles for which the flag stood – treating people equally, with dignity and respect, ensuring both sides received a fair trial, following the law regardless of whether the consequences were popular, and having the courage to stand for what was right – were the hallmarks of Judge Hamrick’s career.

No doubt, the 35 combat missions he flew in a B-17 over Germany during World War II contributed to his toughness and courage, but his humble beginnings probably contributed to his easy-going nature and sense of place.  Nothing about him conveyed a sense of self-importance.  He just suited up and did the job, whether it meant putting on a parachute or a judicial robe.

His mother died giving birth to him on May 22, 1924 in Kokomo, Indiana.  He was raised by relatives Ben and Charolette Hamrick in San Diego.  After his service with the Army Air Corps, he went to San Diego State, then Hastings Law School, and became a member of the bar in 1951.  For many years, he was an insurance defense lawyer before becoming a Superior Court judge in 1973.

Many would have expected that with his background Judge Hamrick would have been assigned to handle civil cases.  Yet, when the most divisive criminal case in San Diego’s history – the trial of black teenager Sagon Penn for killing a San Diego police officer – exploded onto the scene in the mid 1980’s, Hamrick was selected as trial judge. 

“The procedure was a little unusual,” Penn’s lawyer, Milt Silverman, later explained.  “The presiding judge summoned the prosecutor and myself to his chambers, and read off the names of the top five trial judges on the bench. Hamrick was the only one both of us agreed on.”  Federal District Court Judge William Enright, himself once a renowned criminal defense lawyer, called Judge Hamrick a “man of great integrity” who “made sure that individual rights were protected.”

He also maintained his sense of humor.  During the Penn case, while questioning one juror, Silverman noticed the juror had served in the “Air Force” during World War II while living in Berlin.

“You were in the Lutwaffe?”  “Yes,” replied the juror.  “Oh,” Silverman said, pointing, “Have you two met each other in passing?”  Judge Hamrick leaned back in his chair and smiled.

Judge Hamrick looked forward to criminal trials, which he considered to be an exciting field and where a judge could make a very substantial contribution to the community.  As the conscience of the people to a large extent, Hamrick possessed the qualities of a good listener, complete fairness, and an understanding of the problems of both the litigants and the lawyers appearing in his courtroom. (Dicta March 1974).   He brought to the “bench … a wealth of experience, practice and a high degree of human understanding.”  (Id.)

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