Victor Eugene Bianchini (born 1938) is a retired State of California Superior Court Judge, a retired, U.S. Magistrate Judge, and a retired Colonel, United States Marine Corps. He is currently a full-time arbitrator and mediator.
Early life and education
He was born in San Pedro, California in 1938. His oldest brother, Henry Bianchini, is an artist based in Hawaii. His great-grandfather Shmuel Ben Kiki and grandfather Hayyim Ben Kiki were the chief Rabbis and Rabbinical Judges of Tiberias, Palestine, now Israel. The Ben Kiki family immigrated to Palestine from Rabat, Morocco in the 1800s. Bianchini is a first generation American. Bianchini's mother was a native of Tiberias, Palestine, and legally blind her entire life. His father, a native of Naples, Italy, was a career officer of the United States Navy. Relocating extensively because of his father's Naval service, he spent his early years in San Pedro, California, his WWII years in Saint Thomas, U.S. Virgin Islands, and Paterson, New Jersey, and his post-WWII years in Argentia, Newfoundland, Quonset Point, Rhode Island and finally settling, at the age of 13, in San Diego, California. He attended and graduated from San Diego High School (SDHS) and was inducted by the SDHS Alumni Association to its "Wall of Honor in 2005." He received a Bachelor of Arts degree in political science from the San Diego State University College of Arts & Letters in 1960, where he had extensive involvement in student government and was named to Who's Who in American Colleges and Universities.Who's Who in American Colleges and Universities, Randall, 1959-60. He received a Juris Doctor degree from the University of San Diego School of Law in 1963 and a Certificate in Judicial Development with an emphasis in Alternative Dispute Resolution from the National Judicial College, Reno, Nevada in 1995.
Judicial service
After graduating from law school, Judge Bianchini served as the confidential law clerk to Chief U.S. District Court Judge James Marshall Carter of the Southern District of California from 1963 to 1964. Judge Carter was the supervising judge of the Southern Division of the Southern District of California, and during that time, became the founding Chief Judge of the newly designated Southern District of California, while the Los Angeles version of the Southern District then became the newly designated Central District in 1966. Judge Carter was elevated to the United States Court of Appeals for the Ninth Circuit in 1967.
Since then, Bianchini served as a judge, both state and federal, continuously for 48 years. He served as a U.S. Commissioner from 1968 to 1969, a U.S. Magistrate from 1974 to 1982, a San Diego County Municipal Court judge from 1982 to 1998 and was a California State Superior Court judge in San Diego County from 1998 to 2002. After retiring from the Superior Court in 2002, Bianchini was recalled to duty in 2002 with the Federal Courts as a United States magistrate judge and continually served until December 28, 2021. He was first recalled to the Western District of New York (Buffalo and Rochester), then served simultaneously in both the Western and Northern Districts of New York until 2013. He then transferred and served with the Eastern District of Washington (Spokane, Yakima) for two years, and served in the United States District Court for the Central District of California (Los Angeles, Santa Ana & Riverside) for seven years from 2015 to the end of 2021. During these assignments, he volunteered frequently in his home district of the Southern District of California (San Diego) from 2006 to 2017.
In addition to his extensive part-time duties on the federal bench, where he settled complex civil cases, prisoner civil rights cases, decided writs of habeas corpus and Social Security disability appeals cases until the end of 2021, Bianchini continues to practice as a private neutral mediator and arbitrator for Signature Resolution, and prior to that he served a similar role for almost over 17 years for a different mediation and arbitration service (2002–2007, 2012–2024). He also extensively practices as an arbitrator for the American Arbitration Association.
During his federal recall assignments following his state court retirement, Bianchini authored over 2,000 federal court opinions, primarily on writs of habeas corpus and Social Security Disability Appeal decisions, both in the 2nd and 9th Federal Circuits, most of which are published either in the Federal Supplement or on the legal research sites of Westlaw and Lexis.
Notable cases
In People v. Sherrod, 59 Cal.App.4th 1168 (4th District Court of Appeals, California, Division 1, 1997), appeal from the San Diego Superior Court grant of new trial. New trial granted on the basis that a denial of continuance in an attempt murder trial prejudiced the Defendant, because of inability to prepare. Affirmed by the 4th District Court of Appeals California, Division 1.
In Brinson v. Walker, 407 F. Supp. 2d 456 (W.D.N.Y. 2006); Brinson v. Walker 457 F.3d 387 (2d Cir. 2008), Habeas granted on basis that the trial judge's ruling erroneously deprived the applicant of his right to cross-examine the prosecution's complaining witness to demonstrate the witness's racial prejudice and his motive to testify untruthfully. Affirmed by the 2d Circuit Court of Appeals.
In D’Alessandro v. Mukasey, 628 F.Supp.2d 368 (W.D.N.Y. 2009), Granted Habeas relief to a petitioner in poor physical health after being detained for 15 months by ICE; ordered ICE to immediately release petitioner on bond. Affirmed by the 2d Circuit Court of Appeals. See also, bail request.
Robles v. Dennison, 745 F.Supp.2d 244 (W.D.N.Y.); Reluctant Denial of Habeas relief based on New York liberty interest considerations.
Jackson v. Conway, 765 F.Supp.2d 192 (W.D.N.Y.2011); Habeas granted based on ineffective assistance of counsel; Affirmed in part by 2d Circuit: Jackson v. Conway, 763 F.3d 115 (2d Cir. 2014);.
Dearstyne v. Mazzuca, 48 F.Supp. 3d, 222 (N.D.N.Y. 2011); Habeas recommended based on involuntary confession, ineffective assistance of Counsel. Dearstyne v. Mazzuca, 2015 and ultimately affirmed in part by 2d Circuit on involuntary confession grounds. U.S. Dist. LEXIS 110587; Order 2d Circuit.
Legal profession awards and honors
Bianchini was inducted by the San Diego High School (SDHS) Alumni Association to its "Wall of Honor in 2005. He was honored with two awards by the San Diego Trial Lawyers (Consumer Attorneys of San Diego) in 1991, including "Trial Judge of the Year", and the "President's Award for as "Soldier, Statesman, Jurist,". He also received the Foothills Bar Association Legal Professional of the Year award in 2001, received Family Law Judge of the Year Honors from the El Cajon Superior Court. He was named the Poway School District "Volunteer of the Year" in 2007 for service as the debate and moot court coach for Mt. Carmel High School. He was recognized by the 9th Circuit Pro Se Committee for "Excellence In Pro Se Case Management Strategies" in 2016 for his prisoner civil rights settlement work. He has been named a “Legend of the Bar” by the San Diego County Bar Association's “oral history project", was recognized as a Distinguished Alumni of San Diego State University in 2018 and was awarded the prestigious Bernard E. Witkin Award, by the San Diego County Law Library in 2019 for “Excellence in Adjudication of the Law.
Community service
Bianchini has served on numerous boards, councils and organizations. He was chairman of the University of San Diego School of Law Board of Visitors from 1978 to 1979. He also volunteered for service as an AAU boxing referee for the Community Youth Athletic Association (previously, the Chicano Athletic Association) from 1978 to 1980, and discontinued when the head coach and executive director, Junior Robles, was killed in a tragic airplane crash in Poland carrying the U.S. Boxing Team. He was President of the San Diego County Law Library board of trustees, and President of the San Diego County Law Library Justice Foundation in the 1990s. He presently holds a voluntary position with the San Diego Law Library Foundation (director and past president) on which he continues to serve as a director. Most recently, he was a director and vice president of the San Diego County Bar Association (2019-2021)and also served as a director on the San Diego County Bar Association Board of Directors from 1978 to 1980 as director, treasurer, and vice president. He has served on the Board of Governors and the Judicial Advisory Committee of the Association of Business Trial Lawyers San Diego (ABTL) as community outreach co-chair of the Trial Attorney Program (TAP), and serves on the Veterans Advisory Councils of both San Diego State University, and the University of San Diego School of Law. Immediately following his release from Marine Corps active service in 1967, he toured Europe on a motorcycle and then served as a volunteer at Kibbutz Ein Gev, Tiberias, Israel for approximately six months prior to entering into private law practice in the U.S.
Bianchini is the immediate past chairman of the Flying Leatherneck Aviation Museum's Historical Foundation, leaving his position on September 15, 2022. He was succeeded by Lieutenant General Terry G. Robling, USMC, Retired. He was recently inducted to the Flying Leathernecks Foundation Wall of Honor. He served as the president of the Marine Corps Recruit Depot Historical Foundation from 2007 to 2009; is the past vice chair of the Veterans Village of San Diego (VVSD), as well as life member and former director on the Marine Corps Reserve Association governing board, from which he resigned in 2021. He is a life member of the Force Reconnaissance Association, a life member of the United States Marine Corps Combat Correspondents Association, life member of the Disabled American Veterans, a member of the U.S.M.C. Combat Helicopter and Tiltrotor Association(“Pop-a-Smoke”), and a life member of the Jewish War Veterans.
Bianchini was a director on board of Kraemer Endowment Foundation supporting the St. Madeliene Sophie's Sanctuary for Disabled Adults, has been an advisor to the Huntington Disease Youth Organization (HDYO) and is on the advisory board of the Jerusalem Foundation, which supports the Israeli Tisch Biblical Jerusalem Zoo and youth outreach, San Diego Chapter. He was the 2020 - 2021 President of the San Diego Kiwanis Foundation; and his service was recognized with the "Don McKee Spirit of Service" Award for 2020-2021.
Academic Bianchini has held numerous professorships. He served as an associate professor in business law at San Diego State University (SDSU) from 1969 to 1973, the foreign student advisor (now named International Student Advisor) and the legal advisor to the Associated Student Body. During campus disturbances at SDSU in the 1970 timeframe, he was the legal advisor to the acting president. He also served as the Chairman of the University of San Diego School of Law (USD) Board of Visitors for the years 1978 and 1979. He later became an adjunct professor and administrator, chair of the Criminal Justice and Business Law departments of National University, the founding dean of the National University's law school from (June 1978 – 1981), and professor of business law (1978–1998). He taught Thomas Jefferson School of Law, specializing in the field of evidence, for almost 12 years. Bianchini also taught evidence law at the National Judicial College, which, during that time was a member of its faculty council and earned a Certificate in Judicial Development with an emphasis on alternative dispute resolution in 1995. In connection with a Rule of Law teaching team from the National Judicial College, Bianchini lectured in Kazakhstan and Kyrgyzstan by way of Moscow in the 1996.