Donald Kilmer Law Office, Attorney, San Jose, CA
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Donald Kilmer, Attorney at Law - Superior Court in San Jose, CA
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Resume of Donald Kilmer

Academia

Constitutional Law Professor, Lincoln University the Law School
2001 - PRESENT

    Course Work:
  • Constitutional Adjudication - A survey course about the relationship between the U.S. Constitution, the U.S. Supreme Court, the other Apolitical@ branches of government. Discussion and course work include how constitutional law gets interpreted, litigated and decided. The course also takes up the underlying stories and personalities behind some of the most famous and infamous cases dealing with constitutional law issues.
Employment

Attorney at Law
1996 - PRESENT

  • 1645 Willow Street, Suite 150
    San Jose, California 95125

  • 1261 Lincoln Avenue, Suite 111
    San Jose, California 95125

  • 111 North Market Street, Suite 712
    San Jose, California 95113
  • Self-employed sole practitioner. Areas of practice: Family Law, Civil Rights and Criminal Law.

Auto Mechanic
1990 - 1997
  • St. Claire Oldsmobile/Cadillac
    4343 Stevens Creek Blvd.
    Santa Clara, California 95051

    Factory trained automotive service technician.

Education
  • JURIS DOCTORATE
    Years Attended — 1991 - 1995
    Lincoln University the Law School
    2160 Lundy Avenue
    San Jose, California 95131

    Selected to represent School in Mock Trial at ATLA Competition in Los Angeles in 1994/95.
    Winner Best Written Brief in Moot Court competition.
    Selected outstanding first year student in Contracts.
    Selected outstanding first year student in Civil Procedure.

  • BACHELOR OF ARTS - POLITICAL SCIENCE
    Years Attended — 1989 -1991
    San Jose State University
    One Washington Sq.
    San Jose, California 95192

    Graduated with distinction.

Accomplishments
  • Successfully prosecuted federal civil rights suit against Santa Clara County. The case arose when the County of Santa Clara banned gun shows at the county owned fairgrounds. Case: Santa Clara Citizens for Free Speech v. Santa Clara County, C - 96 20596 RMW. This was a companion case to Nordyke v. Santa Clara County, (1996) 933 F.Supp. 903. That case number was: C 96 20367 JW/ EAI. The Nordyke case went to the Ninth Circuit on the Commercial Free Speech issues. The appellate citation for that case is: Nordyke v. County of Santa Clara, (1997) 110 F.3d 707. My firm represented a group of vendors, exhibitors and patrons of the gun show. After the Nordyke's successful defense of the District Court's order in the appellate court, the companion case was settled on terms favorable to the plaintiffs.

  • Currently prosecuting a federal civil rights actions against the County of Alameda. This case arose when the county sought to ban gun shows at the county owned fairgrounds in Pleasanton. Case: Nordyke v. King, C 99 04389 MJJ. The district court refused to grant an injunction suspending the enforcement of the ordinance banning gun shows. The case is on appeal before the Ninth Circuit Court of Appeals. Case: Nordyke v. King, 99 B 17551. The issues before the court are the First Amendment and Second Amendment rights of gun show promoters, vendors and patrons. The case is awaiting a decision by the entire Ninth Circuit on a petition for en banc review. Nordyke is the only case in the Ninth Circuit in which the three judge panel agreed that the Second Amendment protects an individuals "right to keep and bear arms." The case has since returned to the Ninth Circuit after discovery and further litigation of the First Amendment issues in the trial court. The new appellate case number is 07-15763. The matter is still pending.

  • Successfully prosecuted a federal civil rights action against Santa Clara County. The case arose when county Supervisor Blanca Alvarado limited speech at town hall meetings in violation of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Case: Benanti v. Alvarado; Case No.: C 98 20886 RMW. After bringing suit, the case was settled on terms favorable to the plaintiffs.

  • Successfully prosecuted a federal civil rights action against the City of Mountain View. The case arose when the City of Mountain View Police Department took property from the plaintiff without due process of law or just compensation. Case: Roger Kueffer v. City of Mountain View; Case No.: C B 00 20031 PVT. After bringing suit, the case was settled on terms favorable to the plaintiff.

  • Successfully prosecuted a federal civil rights action against the City of Los Angeles. The case arose when the City attempted to stop advertising and handbill distribution by bail bond companies. As these companies provide services to persons accused of a crime who are entitled to bail under the United States and California Constitutions, a suit was brought under the First Amendment. My client=s were the prevailing party and the City agreed to repeal the offending ordinance paying attorney fees and costs to the plaintiffs. Case: Madrid, et al., v. City of Los Angeles, et al. Case No.: CV 02-05990 DDP.

  • Successfully prosecuted a federal civil rights action against the City of San Jose. The case arose after a police department siege of the home of Steven Fisher. The plaintiffs prevailed in the trial court on Fourth Amendment Constitutional grounds and the City has appealed. The case is still pending in the Ninth Circuit Court of Appeal. See: Fisher v. City of San Jose, 475 F.3d 1049 (2007).

  • Family Law Appellate work includes: In re Marcus, Case Nos.: H029853, H028332, H038866, H029192 (2006); In re Marriage of Campell, Case No.: H118618 (2006); Mendonca v. Mendonca, Case No.: H015936 (1996).
Military Service
  • UNITED STATES NAVY
    Years of Service: 1978 - 1984
    Honorably Discharged.
  • Duty Stations:
    • RTC Great Lakes, Illinois.
    • NAS Millington, Tennessee.
    • NAS Bermuda. Island of Bermuda.
    • NAS Willow Grove, Pennsylvania.
    • NAS Point Magu, California.
    • NAS Cubi Point, Philippines.


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