Victor Bianchini

Born in San Pedro, California in 1938, to a Jewish mother, Judith (Nee' Ben Kiki) Bianchini[2] and Catholic father, Henry Bianchini,[3] and was the second oldest of six siblings. His great-grandfather Shmuel Ben Kiki and grandfather Chaim Ben Kiki[4][5] were the chief Rabbis and Rabbinical Judges of Tiberias, Palestine, now Israel. 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. Bianchini is a first generation American. 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 it's "Wall of Honor in 2005."[6][7] 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.[8] He received a Juris Doctor degree from the University of San Diego School of Law in 1963.

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.[9] Judge Carter was the supervising judge of the Southern Division of the Southern District of California at the time and was later elevated to the United States Court of Appeals for the Ninth Circuit.

Since then, Bianchini has served as a judge, both state and federal, continuously for 47.5 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 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 has continually served until present day. 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 now serves in the United States District Court for the Central District of California (Los Angeles, Santa Ana & Riverside).[10] He volunteered frequently in his home district of the Southern District of California (San Diego) from 2006 to 2017.[11]

In addition to his part-time duties on the federal bench, Bianchini has practiced as a private full time neutral mediator and arbitrator for Judicate West (2002-2007, 2012–present),[12] a mediation and arbitration service, as well as for the American Arbitration Association.[13]

Bianchini has authored over 1300 federal court opinions, primarily in habeas corpus and Social Security, both in the 2nd and 9th Federal Circuits, most of which are published on the legal research sites of Westlaw and Lexis.

In Brinson v. Walker, 547 F.3d 387 (2d Cir. 2008),[14] Habeas granted on basis that the trial judge’s ruling erroneously deprived the applicant of his right to cross-examine the 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),[15] Granted Habeas relief to a petitioner in poor physical health after being detained for 15 months by ICE; ordered ICE to immediately release him on bond. Affirmed by the 2d Circuit Court of Appeals.

Robles v. Dennison, 745 F.Supp.2d 244 (W.D.N.Y.);[16] 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);[17] Habeas granted based on ineffective assistance of counsel; Affirmed in part by 2d Circuit: Jackson v. Conway, 763 F.3d 115 (2d Cir. 2014);[18].

Dearstyne v. Mazzuca, 48 F.Supp. 3d, 222 (N.D.N.Y. 2011);[19] 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;[20] Order 2d Circuit.[21]

Bianchini was honored with two awards by the San Diego Trial Lawyers (Consumer Attorneys of San Diego) in 1991, including "Trial Judge of the Year",[22] 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,[23] 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 Mr. Carmel High School. He has been named a “Legend of the Bar” by the San Diego County Bar Association’s “oral history project",[24] was recognized as a Distinguished Alumni of San Diego State University in 2018[25][26] 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.[27] 

Bianchini has served on numerous boards, councils and organizations. 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. He is a current Director and Vice President of the San Diego County Bar Association and also served as a Director on the San Diego County Bar Association Board of Directors from 1978-1980 as Director, Treasurer, and Vice President.[28] He is on the Board of Governors of the Association of Business Trial Lawyers San Diego (ABTL) as Community Outreach Co-Chair of the Trial Attorney Program (TAP),[29] and serves on the Veterans Advisory Councils of both San Diego State University,[30] and the University of San Diego School of Law.

Bianchini is currently the Chairman of the Flying Leatherneck Aviation Museum's Historical Foundation;[31] served as the President of the Marine Corps Recruit Depot Historical Foundation from 2007-2010; is the past Vice Chair of the Veterans Village of San Diego (VVSD), as well as life member and current Director on the Marine Corps Reserve Association governing Board.[32] He is a life member of the Force Reconnaissance Association, life member of the United States Marine Corps Combat Correspondents Association, life member of the Disabled American Veterans, U.S.M.C. Helicopter and Tiltrotor Association(“Pop-a-Smoke”), and a life member of the Jewish War Veterans.

Bianchini holds other voluntary positions including President of the San Diego Kiwanis Foundation;[33] Director on Board of Kraemer Endowment Foundation,[34] and advisor to the Huntington Disease Youth Organization (HDYO) and the Jerusalem Foundation, which supports the Israeli Tisch Biblical Jerusalem Zoo[35] and youth outreach, San Diego Chapter.

Bianchini has held numerous professorships. He served as an Associate Professor in business law at San Diego State University from 1969-1973, the foreign student advisor (now named International Student Advisor) and the legal advisor to the Associated Student Body. He later became an adjunct administrator, chair of the Criminal Justice and Business Law departments of National University, and the founding Dean of National University’s Law School from (June 1978 – 1981),[36] and Professor of Business Law (1978-1998). He taught Thomas Jefferson School of Law, specializing in the field of evidence, for almost 12 years.[37] Bianchini also taught evidence law at the National Judicial College, and during that time was a member of the its Faculty Council and earned a Certificate in Judicial Development with an emphasis on Alternative Dispute Resolution. In the 1980s, he gave a series of evidence lectures at the San Diego Trial Lawyers' (now Consumer Attorneys of San Diego) lecture series. In addition, he held positions on the faculty of the California Continuing Judicial Studies Program (CJER) (1987-1998).

Immediately prior to his retirement from the Superior Court in 2002, he served, during a leave of absence, as a Senior Fulbright Scholar as part of the Fulbright Program to the Sub-Saharan African country of Eritrea, with duties as a consultant to the Minister of Justice, where he wrote the judiciary’s Code of Conduct, crafted a 2,000-page judicial education syllabus for its National Judiciary, and taught South African Law to a select group of Eritrean judges.[38]

Bianchini has three daughters. He is a former owner of a Beechcraft Bonanza, and holds commercial, multi-engine, instrument, and helicopter licenses, and is a rated captain in the Cessna Citation C500.[39]

Bianchini began the sport of sabre fencing at the age of 72 in 2010, and became a United States National Champion (2012), a two-time North American Champion (2018-2019), a two-time World Sabre Fencing Team Champion Gold Medalist in Veterans Fencing in Varna, Bulgaria in 2013, and Debrecen, Hungary in 2014, a Veteran World Sabre Team Bronze medalist In Stralsund, Germany in 2016, and a Veteran World Team Silver medalist in Maribor, Slovenia in 2017.[40] In 2013, he qualified for the USA Fencing Team to the World Maccabiah Games in Jerusalem, Israel and competing in the 40 year-old division at the age of 75 he won 3rd place Bronze. In 2019 served as the USA Team Fencing Coach for the European Maccabiah Games held in Budapest, Hungary.[41] He has qualified for and has attended eight Veteran’s World championships.[42] In 2011, he placed 6th in individual competition at the Veterans World Championships in, Porec, Croatia.[43] He has participated in the Canadian/American Fencing Championships held in Markham/Thornhill, Toronto Canada on numerous occasions, earning 1st place Gold on a number of occasions in his age group. He is currently ranked 1st in the Nation in Veterans 80’s age group, and 4th in the Nation in the 70’s Division, both in sabre. He is ranked 4th in the nation in 80’s Épée. He has won over 100 medals in his competitions since 2010.[44]

He serves on USA Fencing organizations, including the Legal Resources Committee and Veterans Committee.

Victor Bianchini served for 31 years in the United States Marine Corps, active and reserve, retiring as a Colonel and has remained active in military support groups and veteran affairs.[45]

Bianchini first enlisted in the United States Marine Corps in 1959 and entered commissioned service in September 1960. He served as a tank platoon commander with the 4th Tank Battalion from 1960 to 1961. He then served as a force reconnaissance platoon commander with the 4th Force Reconnaissance Company from 1961 to 1964, when he entered active duty in 1964. He attended and successfully completed the United States Army Airborne School at Fort Benning.

Bianchini left active service in 1967 and remained in the Reserves. His active duty tours in the Republic of Vietnam included Special Staff Officer to the Commanding General, Officer in Charge (OIC) of the 1st Marine Aircraft Wing Photo Labs, Civil Affairs Officer, Combat Correspondent, and Combat Air Crewman, during which time he parachuted with the Army of Republic of Vietnam Forces (ARVN). For a brief time in Vietnam, he was Trial and Defense Counsel for Courts-Martial. He was also a trial and defense counsel at Marine Corps Air Station Iwakuni, Marine Corps Air Station Cherry Point, and Marine Corps Recruit Depot San Diego. Leaving active duty in 1968, he rejoined the 4th Force Reconnaissance Company in 1968 and served as Unit's Operations Officer, the Executive Officer, Commanding Officer and Jumpmaster. From 1971 to 1981, he served in numerous summertime assignments at Headquarters Marine Corps, the Board for Correction of Naval Records, Acting Staff Judge Advocate at MCRD San Diego and Marine Corps Forces, Pacific. From 1976 until 1983, he served as the Commanding Officer of the Mobilization Training Unit (MTU Law) 12-1 in San Diego. In 1984, he attended the Army Military Judges Course at the University of Virginia and was certified as a Military Trial Judge for military courts-martial. That year he then became the Officer in Charge (OIC) and Senior Military Judge of the Reserve Military Judges Unit, Sierra Circuit, Camp Pendleton. In 1987, he served as a Special Staff Officer, Marine Corps Reserve Support Command (MCRSC) in Overland Park, Kansas. In 1988, he served as the Deputy Inspector General, United States European Command (EUCOM) in Vaihingen, Germany. During that tour, he was recalled to active duty during Desert Shield/Desert Storm[46] and served as an investigating Inspector General at Headquarters, Marine Corps, while still retaining his status as the Deputy Inspector General of EUCOM. While with that command, he attended the NATO Senior Officers Course at Oberammergau, Germany. Bianchini retired from his recall to active service and from EUCOM as a Colonel in July 1991.[47] In 1995, Bianchini was appointed by the Secretary of the Navy to serve on limited active duty on the Secretary of the Navy & Marine Corps Retiree Council for three years.

Bianchini received the following military awards and decorations:

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• Marine Corps Rifle Sharpshooter Badge
• Marine Corps Pistol Expert Badge with requalification clasp to signify 2nd Award