Submitted by Lara Gressley
“What do we get to do today? We get to practice law!”
These were the words I often heard. Don would walk down the hall of our Canyon Crest office, stop at my open door, and remind me how lucky we were to be lawyers.
Donald Joseph Bartell passed away of natural causes on October 2, 2022 in Riverside, California.
Don was born on May 22, 1955, at the Ryukas Army Hospital on the island of Okinawa, Japan while his father was stationed at Kadena Air Force Base. He is preceded in death by his parents Donald Joseph Bartell and Helen Bartell and his brother, William Bartell. He is survived by his sisters Mary Payne and Ave Cope and his nephews Jib Payne and Bartell Cope.
Don attended Moreno Valley High School and attended college at the University of California Berkeley. He was on the Berkeley Crew Team. Following graduation, he attended law school at Notre Dame University. He also studied abroad in London, England.
Don passed the California State Bar in 1984 and became known for his work in the area of driving under the influence defense. Don served on the Board of Directors for California DUI Lawyers Association, and was twice elected President. Don lectured lawyers around the country on driving under the influence defense and appeals. He authored Attacking and Defending Drunk Driving Tests, a leading treatise in the area of driving under the influence defense, which the United States Supreme Court referred to as an “authoritative source.”
Don was also a natural born athlete. In high school, he lettered in football and was the Varsity quarterback beginning in his Sophomore year. He was a Little League Pitcher, an excellent downhill skier conquering one of the steepest skiable faces in North America at Whistler, Canada, Blackcomb. And on the weekends, he had been on the Bear Mountain Ski Patrol in Big Bear Lake, California. He also crewed on Hobie Cats in Regattas.
Don enjoyed travel. He was a pilot and had a Cessna prop airplane, which he often flew to court appearances across California. Don had also flown his plane across the country. He had traveled to London, China, Italy, New Zealand and more. Despite his commitment to working hard, he encouraged lawyers to always have a vacation planned. Don was a positive, vibrant personality dedicated to his love of Constitutional Law and Criminal Defense. He will be greatly missed by his sisters and nephews, his law firm family, and the countless individuals whose lives he deeply impacted.
I was lucky to work with Don Bartell. When I started at the firm in 2011, it was like going to criminal defense attorney bootcamp. Soon after I was hired as the firm’s first associate attorney, he established “Thursday lunches.” Don Bartell and Don Hensel (whom we affectionately call “Vito”) took turns giving me a topic to study. Don provided the criminal defense or constitutional law topics and Vito gave me family law or evidence subjects to research. We ordered lunch, I told them what I learned, and got peppered with questions. This undoubtedly prepared me for my later chosen focus of appellate advocacy.
Don Bartell was unlike anyone else. He didn’t concern himself too much with things most of us do, like eating at normal times, or getting eight hours of sleep every night. Indeed, he sometimes worked in the office until 2 or 3 am. Don was endlessly searching for another cutting-edge approach. He would say, “There’s something wrong with the DA’s argument, I just haven’t quite figured it out yet.” He never stopped thinking. Then he would call me, or come into my office and say, “Ace! When does luck come?” (His nickname for me was Ace.) Familiar with all of Don’s favorite sayings, I responded, “At 3 am in the law library.” He would then explain his theory and dispatch me to further research the issue.
I eventually started to come up with these cutting-edge theories on my own. When I did, it was like I was channeling my friend and mentor, Don Bartell. When I proposed the theory to him, he would immediately argue against it. It was his knee-jerk reaction. But after I showed Don the law, he beamed with pride at my ability to do what he loved – create arguments no one has ever heard. When the prosecution was about to get served with our brief, Don would say, “They’re about to meet the lawyers from La Mart Drive (where our office is located).”
A couple of years after I began at the firm, I told Don I wanted to get into appeals. He was excited about the prospect and we immediately took on appellate cases. Don was always up for something new, and we shared a passion for writing. He asked me to write a chapter on appeals for his book, Attacking and Defending Drunk Driving Tests, which I did. I also drafted “writing tips” to include in the book at Don’s request. He had the best ideas. Our associate attorney, Mike Donaldson, called us “The Writing Team.” We were better together because we each had different ideas, and Don came up with the most interesting verbs. In our last brief we will ever write together – two weeks before his passing – that verb was “outflanked.” He never disappointed.
Don and I were supposed to lecture together on Nov. 9, 2022. We had a legal writing webinar scheduled for the members of California DUI Lawyers Association. Don would not want me to cancel, so I won’t. Mike and I will do the honors. But Don’s presence, his enthusiasm for writing, and his ability to brilliantly relate the material is irreplaceable.
Don and I didn’t always agree. When I first told him of my plans to run for District Attorney, he tried to talk me out of it. He told me there was no one better for the job, but feared I would not be successful given the odds. But when he saw my determination, he got right alongside me. Don was proud of me for speaking out and fighting for what I believe in. There were many decisions I had to make along the way, including whether I was going to change in order to get contributions and votes. Don believed I wouldn’t, and he was right. Don was fiercely ethical and did everything with integrity. He was my example.
I have so many memories of Don, our visits to the United States Supreme Court, flights in his plane to courts across California (he was a pilot), and our extravagant office Christmas parties, which were all about the children. Don didn’t have any of his own, but he treated the children of those closest to him like family because they were. We were Don’s family and he was ours.
The witty banter, the jokes, and the laughs were prevalent in our firm, but when it came time for trial, Don meant business. Don taught me everything he knew about trial preparation, jury selection, cross-examination, and brief writing. Every case was handled as a team. That team approach was Don’s pitch to every prospective client and he never let them down. He led us to victory in many cases because he had the uncanny ability to see what needed to be done to win. He got along with prosecutors, won the respect of judges, and stole the hearts of jurors. Don was never aggressive unless he needed to be. And if he got yelled at by a judge, he was unfazed and told me, “We don’t work for the judge. We work for our client.”
Don taught me that as criminal defense attorneys, we are the only Sixth Amendment lawyers in the courthouse. He understood the privilege of advocating for those who have no voice. Don recognized that we are all human beings who have made a thousand mistakes. His compassion was great. Don’s heart was even bigger than his brain.
Bartell’s Amicus Curiae cases
People v. Vangelder (Cal Supreme Court)
People v. Harris (Court of Appeal)
People v. Arredondo (Cal Supreme Court)
In re Humphrey (Cal Supreme Court)
Williams v. Illinois (US Supreme Court)
Mitchell v. Wisconsin (US Supreme Court)
Don was famous. Walking into a courtroom with him was like accompanying a rock star onto the stage. As one of the most sought-after DUI defense attorneys in the state, Don handled high profile cases, lectured lawyers around the country, and worked with me on the most impactful of matters in the California Supreme Court and in the United States Supreme Court. His book helps countless lawyers defend seemingly impossible cases.
Don was also my best friend. We talked constantly. More often than not he began the conversation with, “If you’ve run out of problems …” and then he would tell me about a new challenge we faced or some other issue. I usually cut him off by saying, “Don, I will never run out of problems.”
My problem now seems insurmountable. I have to go on without my beloved friend, my son’s uncle, my mentor, my law partner, my big brother. He was my teacher and my protector. No one messed with me because they would have to deal with Don Bartell. He made me laugh, and he also drove me nuts. But working with Don was an absolute joy. He was always there for me, and for anyone in the legal community who needed advice. He gave so much. Don Bartell will never be forgotten. And he will always be missed, especially by me.
Don deeply impacted the lives of countless people. A memorial service is currently being planned.
