Thursday, January 2, 2020
Page 10
2019 IN REVIEW
END OF THE YEAR:
Justice Jeffrey W. Johnson Faces Sexual Harassment Allegations…Newsom Declares Moratorium on Executions…Senior District Judge Manuel L. Real Dies at 95…‘Judge Michael Cummins’ Allowed To Use New Name on Ballot…Patrick M. Kelly Retires From Law Practice
January
4—The Commission on Judicial launched formal proceedings to look into allegations against Court of Appeal Justice Jeffrey W. Johnson of this district’s Div. One concerning sexual harassment of a colleague in that division, Justice Victoria Chaney, of a female California Highway Patrol officer, and others, as well as public intoxication. Charges were subsequently broadened and cover a 15-year period.
7—The Court of Appeal for this district ruled that a five-member law firm must be disqualified from representing a party in a case whose interests are adverse to a company for which one of the attorneys had served as president, even though he never had an attorney-client relationship with that company.
8—Div. Seven of the Court of Appeal for this district held in People v. Dueñas that assessments and fines may not must imposed on a criminal defendant absent an ability-to-pay hearing. Some panels have followed the decisions, others have criticized it or limited it to its facts. Div. Two of this district on Sept. 24 declared in People v. Hicks “that Dueñas was wrongly decided.” The California Supreme Court on Nov. 13 granted review in People v. Kopp to decide the issue.
11—The Third District Court of Appeal overturned a man’s conviction for murdering his brother based on the judge’s failure to look into a report of a conversation by four jurors in a courthouse hallway.
12—Retired Los Angeles Superior Court Judge Peter S. Smith died at the age of 85.
14—Gov. Gavin Newsom appointed Court of Appeal Justice Martin J. Jenkins of the First District’s Div. Three as his judicial appointments secretary….The First District Court of Appeal reversed a $950 sanction imposed on a San Francisco deputy public defender, declaring in a case of first impression that he had no duty to disclose to the prosecutor statements by a codefendant’s witness whom he didn’t intend to call and, in fact, only questioned on cross-examination.
31—Los Angeles Superior Court Judge Dan Oki retired.
February
4—The Court of Appeal for this district affirmed a $50,000 sanction imposed on an attorney whose deposition questions, directed to her client’s ex-husband, revealed confidential information about their child, in violation of the Family Code.
11—The Ninth U.S. Circuit Court of Appeals affirmed the convictions of former Los Angeles County Sheriff Leroy D. Baca on charges of conspiracy, obstruction of justice, and making a false statement in the course of his turf war with the FBI over its investigation of conditions in the jails he oversaw.
21—Whittier criminal defense lawyer Felipe Plascencia, 53, died in the crash of a light plane in the Techachapi Mountains after leaving San Luis Obispo Airport.
25—Seattle attorney Eric D. Miller was confirmed by the U.S. Senate as a judge of the Ninth U.S. Circuit Court of Appeals, replacing Judge Richard C. Tallman who assumed senior status….The U.S. Supreme Court held that the Ninth U.S. Circuit Court of Appeals erred in releasing an opinion listing Judge Stephen Reinhardt as the author, and counting his vote, when the jurist had died 11 days earlier.
26—The Court of Appeal for this district reversed a domestic violence restraining order imposed on an Encino lawyer to the extent that it prohibits him from posting anything about his divorce case on Facebook.
28—The Fourth District Court of Appeal certified for publication a portion of an opinion in which it upbraided an attorney for improper comments in his notice of appeal likening a San Diego Superior Court commissioner to a mythological female demon with unusual sexual proclivities.
March
13—Gov. Newsom signed an executive order placing a moratorium on executions.
14—A Woodland Hills attorney lost her bid in the Court of Appeal for a reinstitution of her action against a lawyer and his firm over allegedly botched representation in her divorce case, with this district’s Div. Five rejecting her contention that the one-year statute of limitation on malpractice actions was tolled during the period when the defendants supposedly continued to represent her even after she had picked up her file.
18—Retired Los Angeles Superior Court Commissioner Steven L. Berman died at the age of 71.
26— Bridget S. Bade was confirmed by the Senate to a vacancy on the Ninth U.S. Circuit Court of Appeals created by Judge Barry Silverman assuming senior status….The Ninth U.S. Circuit Court of Appeals held that the general counsel for a governmental entity is entitled to qualified immunity in an action against him by the man he fired as his senior assistant counsel for posting social medial comments denigrating a candidate for the City Council.
28—The First District Court of Appeal ruled that the one-year statute of limitation applicable to legal malpractice actions governs where a lawyer is sued for malicious prosecution.
April
5—Los Angeles Superior Court Judge Marvin Lager retired.
9—The Court of Appeal affirmed a judgment dismissing the action by a woman against the Commission on Judicial Performance for not letting her know what was being done in response to her complaint against an Orange Superior Court judge.
17—The Southern California Chinese Lawyers Association presented its lifetime achievement award to Court of Appeal Presiding Justice Arthur Gilbert of this district’s Div. Six.
19—Los Angeles Superior Court Commissioner Matthew St. George Jr. died of cancer at the age of 70.
May
1—Los Angeles Superior Court Judge Lisa B. Lench was appointed by the California Supreme Court to the Commission on Judicial Performance.
6—The California Supreme Court held that commercial statements that are not subject to an express exemption are potentially protected by the anti-SLAPP statute—but those made by a service in confidential reports pertaining to websites, provided to businesses contemplating advertising on them, are not shielded because they are not sufficiently tied to public discussions of public issues….Retired Court of Appeal Justice Edward A. Hinz Jr. died at the age of 85.
7—The Sixth District Court of Appeal declared that Santa Clara County has no duty to provide “adequate and appropriate places” for the homeless to sleep.
9—Gov. Newsom released a revised proposed state budget which includes total funding of $4.2 billion for the judicial branch, of which $2.4 billion is provided to support trial court operations.
15—Los Angeles attorney Kenneth Kiyul Lee was confirmed as a judge of the Ninth U.S. Circuit Court of Appeals. He replaced Judge Stephen Reinhardt, who died last year.
20—Los Angeles Superior Court Judge Jose I. Sandoval drew a public admonishment from the Commission on Judicial Performance for having failed to resentence a defendant on remand for three years after issuance of the remitter.
21—The U.S. Senate confirmed Daniel P. Collins as a judge of the Ninth U.S. Circuit Court of Appeals, replacing Harry Pregerson who went on senior status.
June
5—The Ninth U.S. Circuit Court of Appeals dismissed an appeal by former Los Angeles County District Attorney Steve Cooley and others of a $195,000 civil contempt fine based on violating a preliminary injunction, saying that the appeals are premature because the underlying civil action is still pending.
11—Div. Three of the Fourth District Court of Appeal reversed a $1 million default judgment in a malpractice action against an attorney because the plaintiff’s counsel did not give an adequate warning to the defendant that he would seek an entry of default if she did not file her overdue answer to the complaint.
18—Retired Los Angeles Superior Court Judge Philip H. Hickok died at the age of 72.
21—Los Angeles Superior Court Judge Susan M. Speer retired.
26—Senior Judge Manuel L. Real of the U.S. District Court for the Central for the Central District of California died at the age of 95.
27—Los Angeles County Bar Association President-Elect Ronald F. Brot was sworn-in as president. Granada Hills attorney Tamila Jensen assumed her position as president-elect….Former Los Angeles County Bar Association President Patrick M. Kelly, who is also a former State Bar president, received LACBA’s Shattuck Price Award—the association’s highest honor.
29—Los Angeles Superior Court Judge Margaret S. Henry retired.
July
1—Los Angeles Superior Court Judge Bert Glennon Jr. retired.
2—The Commission on Judicial Performance publicly admonished Inyo County Superior Court Judge Brian for failing to decide three cases within 90 days and making false statements under oath twice that he had no cases pending for a period in excess of the time limit.
9—The U.S. Senate confirmed Daniel Aaron Bress, a partner in Kirkland & Ellis, as judge of the Ninth U.S. Circuit Court of Appeals. The vacancy was created by the 2017 resignation of Judge Alex Kozinski in light of allegations of sexual harassment.
18—The California Superior Court granted writ relief to a man sentenced to death for a murder, holding that he need not show “good cause” to gain access to ballistics evidence in the court’s files for use in connection with a habeas corpus petition.
25—A jury in the U.S. District Court for the Central District of California found Oriyomi Sadiq Aloba guilty on 27 counts relating to hacking into the Los Angeles Superior Court computer system and using it to send approximately two million malicious phishing emails.
August
7—Retired Los Angeles Superior Court Commissioner John E. Chemeleski died of cancer at the age of 71.
10—Retired Los Angeles Superior Court Judge Paul G. Flynn died at the age of 80.
16—Los Angeles Superior Court Judge Scott Gordon retired.
22—Thomas E. Holliday, a retired partner in Gibson, Dunn & Crutcher, died at the age of 71.
31—Retired Judge George P. Schiavelli of the U.S. District Court for the Central District of California died at the age of 71.
September
4—Retired Los Angeles Superior Court Judge Dino Fulgoni died at the age of 85.
6—The First District Court of Appeal held that there is no need for a court to consider a criminal defendant’s ability to pay when ordering restitution directly to the victim.
11—S. Paul Bruguera, Marcelo D’Asero and Maria Hamar Byrum (previously Maria Rivas Hamar) were elected to commissionerships by the judges of the Los Angeles Superior Court….Retired Los Angeles Superior Court Judge James Allen Bascue died at the age of 79.
13—The Fifth District Court of Appeal added its voice to the criticism of this district’s Jan. 8 mandate that fines and fees not be imposed on a criminal defendant absent a finding of an ability to pay.
24—Div. Two of this district’s Court of Appeal added its voice to the chorus of justices criticizing the Jan. 8 decision by Div. Seven of this district which held that a court may not impose assessments and fines on a criminal defendant without first determining a present financial ability to pay them.
30—Los Angeles Superior Court Judge Samuel Mayerson died at the age of 96….Los Angeles Superior Court Judge Georgina Torres Rizk retired.
October
8—Retired Los Angeles Superior Court Judge Arthur M. Lew died at the age of 74.
9—Gov. Gavin Newsom signed a bill that hikes annual State Bar dues for active members to $438 and for inactive members to $108.
22—Retired Los Angeles Superior Court Judge Lester E. Olson died at the age of 94.
24—The U.S. Senate Judiciary Committee approved Ninth U.S. Circuit Court of Appeals nominee Danielle Hunsaker by a vote of 16—6.
25—Gov. Newsom appointed attorney Steven Ellis, Deputy District Attorney Esther Kim (wife of Court Judge Tony Cho) and Deputy District Attorney Tricia Taylor to seats on the Los Angeles Superior Court.
November
4—Los Angeles County District Attorney Jackie Lacey received the endorsement of the Association of Deputy District Attorneys for election to a third term as the county’s chief prosecutor.
8—Los Angeles Superior Court Judge B. Scott Silverman retired.
15—The State Bar of California announced that 50.1 percent of those taking the July bar exam—totaling 3,886 persons—passed.
21—Former State Bar President David Pasternak died at the age of 68.
December
17—Los Angeles Superior Court Judge James Chalfant held that a man who obtained a 2017 name-change from “Michael Richard Cummins” to “Judge Mike Cummins” cannot be blocked from running for an open seat in the March 3 primary under his new name, notwithstanding that, Chalfant said, he is engaged in “game playing.” Chalfant also ruled that Cummins may not have a ballot designation of “Retired”; the candidate was given three alternatives, reflecting his most recent employment, and opted to be identified as “Retired Counselor-at-Law.”
18—Los Angeles Superior Court Judge Thomas Trent Lewis retired.
28—Retired Los Angeles Superior Court Judge Philip Saeta died.
31—Patrick M. Kelly, the 2012-13 president of the State Bar of California and 1990-91 president of the Los Angeles County Bar Association, retired from law practice. He will become an arbitrator and mediator….Beverly Hills Bar Association Chief Executive Officer Marc R. Staenberg retired.
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