Tuesday,
September 2, 2008
Page
1
Panel Confirms Ventura Lawyer’s Election to Board of Governors
By
J’AMY PACHECO, Staff Writer
Ventura
attorney Michael Tenenbaum was confirmed Friday as eligible to represent
District 6 on the State Bar Board of Governors, seven weeks after winning
election.
While
the ballots in that election were canvassed July 10, certification of the
results was delayed because of what officials said were questions about where
the winner actually practiced law.
Only
19 percent of the district’s attorneys participated in the balloting. Redlands
attorney Bryan Hartnell, who was supported by all the major bar associations in
the district, lost by 118 votes, while Riverside attorney A. Benjamin Aames
came in third.
District
6 encompasses the Inland Empire counties of San Bernardino and Riverside, as
well as the coastal counties of San Luis Obispo, Santa Barbara and
Ventura.State Bar rules require that a governor’s principal place of practice
be located within the district that governor represents. When questions were
raised about Tenenbaum’s law practice address – which is a mail receiving
service – the State Bar launched an investigation.
Tenenbaum
has maintained that he practices from his Thousand Oaks home, and a committee
appointed at the direction of the Bar of Governors has now accepted that
assertion.
Tenenbaum’s
election marks the first time in 17 years that a candidate supported by the
district’s major bar associations has not won election to the seat.
Historically, the coastal and interior portions of the non-contiguous district
have alternated representation, and the counties on each side have rotated
holding the seat, under a 20-year-old understanding among the voluntary bar
associations in the five counties.
Carmen
Ramirez, a Ventura lawyer who currently represents District 6, on Friday
expressed concern about the future of the unwritten rotation agreement.
“I’m
concerned, because it’s a difficult district to represent. The rotation
agreement has worked well in years past,” she said, adding that bar
associations in the five counties have enjoyed a good working relationship
under the agreement. The future of the agreement, she said, “remains to be
seen, because it’s not functioning at this time.”
Ramirez, who did not participate in the
investigation or any decisionmaking involving Tenenbaum’s eligibility, said she
would encourage Tenenbaum to follow in the footsteps of his predecessors by
making time to travel to the distant inland counties. She described Tenenbaum
as “unhappy” with her support of the rotation agreement, and said he had not
returned her telephone calls.
“I’m
sure I will meet up with him,” she said. “I’m still the representative until he
is sworn in.”
Hartnell
said:
“I
look forward to his active involvement in our local bar activities. Carmen
[Ramirez], Jim [Heiting], James [Herman] and Michael [Case] have set a high
standard for leadership. I trust that we can expect the same from him. He will
have my support.”
Heiting,
Herman, and Case are past board members from the district, with Heiting and
Herman—now a Santa Barbara Superior Court judge—having served as president.
William
Shapiro, president of the San Bernardino County Bar Association, offered
congratulations to Tenenbaum.
He
pointed to the geographic diversity of the district as a reason for the need
for a rotation agreement.
“Lawyers
from San Luis Obispo rarely interact with or have similar issues with those of
San Bernardino,” he stated. “Such being the case, I think its important that
all the counties making up District 6 be adequately represented.
“Personally,
I like the agreement, as it assures that in any decade, the lawyers in all
counties are truly represented,” he added. “However this is countered by
everyone’s right to run for the office, which I also stand behind. Under the
bylaws governing the State Bar, everyone has that right and I agree. This
involves balance.”
Matthew
P. Guasco, president of the Ventura County Bar Association, stressed that his
organization “uniformly, unanimously and unequivocally” supported the rotation
agreement which, he observed, has “worked well.” But he pointed out that any
eligible attorney can declare candidacy, and every lawyer is free to vote how
they choose.
“I
think these things happen in free elections,” he said. He recalled an instance
in the first election under the agreement, in which a Riverside lawyer declared
candidacy and won election in spite of an understanding that representation
would come from San Bernardino County.
Guasco,
whose organization has about 1,200 members, said he would “wholeheartedly
support” the idea of bar leaders from the five counties getting together to
reevaluate the agreement, and to reexamine the makeup of the district.
James
B. Maguire III, president of the San Luis Obispo County Bar Association, echoed
those sentiments.
“I
do feel it’s time to revisit the issue,” he said. “I think the bar associations
need to say if they still agree.” Maguire, whose organization has about 400
members, said the process should start “sooner than later.”
Tenenbaum
could not be reached Friday for comment. He said in a July interview that he
was not aware of the agreement, and said it would not have dissuaded him from
running.
Guasco
said his organization would, “of course, respect the election result” and would
“look forward to working in a constructive manner with Mr. Tenenbaum.”
Tenenbaum
and other newly elected board members will be sworn in Sept. 27 during the
State Bar’s annual meeting in Monterey.
Copyright
2008, Metropolitan News Company