End of the Month

Arraignment for Judge John T. Doyle on DUI Charges Delayed Until Sept. 10...Ninth Circuit Allows Jailed and Disbarred Lawyer Richard I. Fine to Appeal Denial of Habeas Corpus...L.A. Times Counsel Karlene Goller Floated for Appointment to Superior Court

Judges, Lawyers Under Scrutiny

John T. Doyle
Los Angeles Superior Court Judge

Doyle, a Superior Court judge since 2000, is scheduled to be arraigned Sept. 10 on drunk driving charges. Officials said he was arrested about 11:15 p.m. July 2 after officers with the LAPD's South Traffic Division pulled him over in the 4500 block of Don Felipe Drive following a minor traffic collision. The arraignment was continued from July 31.

Harvey Silberman
Los Angeles Superior Court Judge

Silberman, a former commissioner who was elected last year as a judge, pled not guilty July 23 to charges of solicitation to commit bribery and solicitation to induce a candidate not to run for public office. He was indicted, along with two campaign consultants, on June 24; the charges stem from last year's contest in which Silberman defeated Deputy District Attorney Serena Murillo for an open seat on the court.

Silberman and co-defendants Evelyn Jerome Alexander and Randy Steinberg are due back in court Sept. 10. The case is being heard by Orange Superior Court Judge Patrick Donahue, who was specially assigned by Chief Justice Ronald M. George..

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, is scheduled for jury trial on five felony embezzlement counts Sept. 10 before Los Angeles Superior Court Judge Bob Bowers Jr. The trial was continued from May 5.

Wolf is accused of having taken settlement funds from his clients in multiple personal injury, workers' compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients' trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10, 2006 and faces 23 disciplinary charges, including failure to deposit funds into a trust account, receiving an illegal fee, charging an unconscionable fee, failure to account for client funds, failure to release a client's file, failure to pay client funds promptly, failure to account for client funds, conversion of funds sent to him by mistake, and multiple counts of failure to maintain funds in a trust account, misappropriation of client funds, and failure to cooperate in State Bar investigations.

He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues.

Richard I. Fine
Disbarred Attorney

The Ninth U.S. Circuit Court of Appeals this month granted a certificate of appealability, allowing Fine to challenge the denial of his petition for writ of habeas corpus.

Fine has been confined to the Twin Towers jail since being held in contempt March 4 by Los Angeles Superior Court Judge David Yaffe. His federal petition was denied by U.S. District Judge John Walter of the Central District of California June 29.

Yaffe ordered Fine jailed for as long as he refuses to respond to questions asked at a judgment debtor examination, and jailed for five days for holding himself out as entitled to practice law after being placed on involuntary inactive status by the State Bar Court.

Fine, who was disbarred in February after a largely successful 35-year career, contends that he was denied due process and a jury trial when he was jailed. He has petitioned the U.S. Supreme Court to review his disbarment by the California Supreme Court.
Fine claims disbarment violates his rights to free speech and due process. The State Bar Court ruled that Fine engaged in moral turpitude by continuously relitigating issues on which he had been ruled against.
Fine was disbarred based on State Bar Court Hearing Judge Richard Honn's finding in November 2007 that the lawyer engaged in a concerted campaign of litigation designed to harass judicial officers who had found against him, in particular Los Angeles Superior Court Commissioner Bruce Mitchell.

Fine claims to be the victim of a vendetta by Los Angeles Superior Court judicial officers based on his litigation of suits in which he challenged Los Angeles County's payment of benefits to Superior Court judges. Those benefits were declared unconstitutional-as not being authorized by the Legislature-by the Fourth District Court of Appeal last year in a suit brought by the advocacy group Judicial Watch, but the governor in February signed into law a bill that allows counties to continue paying benefits to supplement the salaries of Superior Court judges and immunizing officials against any liability for having unlawfully paid such benefits in the past.

Roosevelt Dorn
Former Los Angeles Superior Court Judge

Dorn, who served on the Inglewood Municipal Court and the Los Angeles Superior Court from 1979 until his election as mayor of Inglewood in 1997, pled not guilty on July 24 of last year to charges of conflict of interest and misappropriation of public funds. He is alleged to have personally benefited from a loan program designed to assist city employees in purchasing and improving housing within the city.

Further proceedings are scheduled today before Judge Michael Pastor at the Foltz Criminal Justice Center, following a pretrial conference last month.

Mitchell Roth
Former Superior Court Candidate

The attorney general sued Roth, a candidate for the Los Angeles Superior Court in 2004, and foreclosure consultant Paul Noe Jr. on July 6, alleging that the two defrauded some 2,000 desperate homeowners into paying exorbitant fees for "phony lawsuits" to forestall foreclosure proceedings.

The complaint alleges that the suits were filed and abandoned, even though homeowners were charged $1,800 in upfront fees, at least $1,200 per month, and contingency fees of up to 80 percent of a home's value.

The Los Angeles Superior Court assumed jurisdiction over Roth's law practice in February, allowing the State Bar to take control of his Sherman Oaks, San Diego and Riverside law offices. The State Bar said Roth had been hospitalized due to severe depression, leaving several clients in foreclosure defense litigation cases subject to losing their homes and facing eviction.

Roth did not contest the takeover of his practice or the State Bar's subsequent motion to place him on involuntary inactive status, which was granted by State Bar Court Judge Richard Honn on April 23. Roth tendered his resignation from the State Bar on May 29 rather than face disciplinary charges.

LaJetta Y. Wright
Long Beach Attorney

Wright, a former treasurer of the Black Women Lawyers Association of Los Angeles, faces possible disbarment after pleading guilty July 29 to charges she embezzled $26,000 from the group in 2004. Wright, who repaid the money some time ago, is expected to be placed on probation for one year, with no jail time, at her sentencing Dec. 2.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There has been a vacancy on the court since Judge Stephen Trott took senior status Dec. 31, 2004. There is also a newly created position that has not been filled, and Judge Michael Daly Hawkins is scheduled to take senior status Feb. 12, 2010.

President Obama made his first nomination to the court July 31, tapping Los Angeles Superior Court Judge Jacqueline H. Nguyen to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal in 2006.

Obama also nominated labor lawyer Dolly Gee to the court on Aug. 7. She would succeed Judge George Schiavelli, who resigned Oct. 5 of last year.

There is a remaining vacancy as a result of Judge Alicemarie Stotler taking senior status Jan. 5.

Judge Florence-Marie Cooper has scheduled her retirement for March 15 of next year..

There are no vacancies.

Second District

Justice Jeffrey Johnson was sworn in Aug. 3 as a member of Div. One. He was confirmed last month but delayed taking the oath in order to complete his work as a U.S. magistrate judge for the Central District of California.

Presiding Justice Candace Cooper retired from Div. Eight Dec. 31. Acting Presiding Justice Laurence Rubin's name has been submitted by the governor to the Commission on Judicial Nominees Evaluation as a candidate to replace Cooper.

Third District

Justice Fred Morrison retired at the end of January. Justice Rodney Davis retired Feb. 16. The name of Sacramento Superior Court Judge Jaime R. Roman has been sent to the JNE Commission as a possible appointee to the court.

Fifth District

Former state Sen. Charles Poochigian faces a Sept. 24 confirmation hearing after being nominated by the governor to succeed Justice Thomas Harris, who died Nov. 12 of last year.

Seats in other districts are filled.

Los Angeles Superior Court

Newly appointed Judge Olivia Rosales took office this month and has been permanently assigned to Downey. Newly appointed Judges Renee F. Korn and Stephen M. Moloney are sitting at the Metropolitan Court.

There are vacancies as a result of the retirements of Judges John Farrell July 7, Aviva K. Bobb June 8, Robert O'Neill April 6, Aurelio Munoz March 2, and Kathryn A. Stoltz Feb. 20; the conversion of six commissioners' positions; and the resignation of Judge Alice Hill. Hill resigned June 12 to become counselor to U.S. Secretary of Homeland Security Janet Napolitano.

A newly created position on the court was to have been funded as of last June 1, but legislation in response to the state budget crisis postponed the effective date, first to June 1 of this year, and then to June 1 of next year.

Judge Josh Fredricks is retiring Sept. 12. Judge Judith Chirlin is retiring Sept. 15. Judge Anthony Mohr is away from the court, sitting on assignment on the Court of Appeal through November.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are former Deputy District Attorney Christopher Darden, now in private practice; former Assistant U.S. Attorney David P. Vaughn, now a managing director of the litigation and consulting firm FTI Consulting, Inc.; criminal defense specialist Steven Cron of Santa Monica; Los Angeles Assistant City Attorney Gary Geuss; Los Angeles Deputy City Attorneys Timothy R. Saito, Richard Kraft and Edward J. Perez; state Deputy Attorneys General Steven D. Matthews, Emilio E. Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand; Deputy District Attorneys Steven I. Katz, Alison S. Matsumoto, Shellie Samuels, Jeffrey Gootman, John D. Harlan II and Laura Laesecke; Commissioners Cynthia Zuzga, John Slawson, Rocky L. Crabb, Michael Convey, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, and Loren DiFrank; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Angel Navarro; Deputy Alternate Public Defender Jerome J. Haig; Deputy Public Defender Lisa Brackelmans; Securities and Exchange Commission lawyer Martin Joseph Murphy; Los Angeles attorneys Marshall Mintz, Anthony de los Reyes, Howard Fields, Michael Wilner, Shan K. Thever, John L. Carlton, David Fields, Adrienne Krikorian, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman; Pasadena attorney Warren Gilbert; Glendale attorney Mark J. MacCarley; Tujunga lawyer John K. Raleigh, Woodland Hills attorney John Cha; Westlake Village attorney Michael Nebenzahl; and Karlene Goller, counsel for the Los Angeles Times.

Commissioner H.M. "Trip" Webster III retired March 30, Commissioner Gretchen Taylor March 31, and Commissioner Jack Gold June 26. Former Commissioners Henry J. Hall and Randall F. Pacheco were named judges on July 16. The last three of those vacancies have been converted to judgeships by the Judicial Council.

Commissioner Patrick Larkin is on long-term medical leave.

Commissioner Michael Duffy retired yesterday.

Legislation of Interest to the Legal Community

The following bills of interest to the legal community were acted upon in August:

•AB 170, by Assemblyman Tony Mendoza, D-Norwalk, which will tighten the rules restricting use of court reporters' rough drafts in place of official transcripts. The bill, which passed the Assembly March 23 by a vote of 77-0 and passed the Senate June 22 by a vote of 40-0, was signed by the governor Aug. 5.

•AB 250, by Assemblyman Jeff Miller, R-Mission Viejo, which would require that the withdrawal of a speedy trial waiver be made in open court. The bill, which passed the Assembly May 18 by a vote of 74-0, passed the Senate Aug. 24 by a vote of 38-0.

•AB 358, by Assemblyman Tom Ammiano, D-San Francisco, which would permit the trial court to grant deferred entry of judgment in certain drug cases over the objections of prosecutors. The bill, which passed the Assembly June 1 by a vote of 47-32, passed the Senate Aug. 24 by a vote of 21-18.

•AB 459, by Assemblywoman Bonnie Lowenthal, D-Long Beach, which would allow a party to a dissolution of marriage action to waive the requirement of financial disclosure by the other party. The bill was signed by the governor Aug. 5.

•AB 590, by Assemblyman Mike Feuer, D-West Hollywood, which would create a right to appointed counsel for some indigent civil litigants under pilot programs to be established by the Judicial Council and funded through increases in some court fees. The bill, which passed the Assembly June 1 by a vote of 50-29, passed the Senate Appropriations Committee Aug. 27 by a vote of 8-5, after clearing the Judiciary Committee two days earlier by a vote of 3-1.

•AB 940, by the Judiciary Committee, dealing with IOLTA. The bill was signed by the governor Aug. 5.

•AB 942, by the Judiciary Committee, which, as amended, would require the Judicial Council to assess the need for creation of additional judicial positions to handle family law and juvenile cases, and would authorize conversion of up to 10 subordinate judicial officer positions per year, over and above those conversions previously authorized, to judgeships in order to handle family law and juvenile court cases. The bill, which passed the Assembly June 1 by a vote of 77-2, was placed on the suspense file by the Senate Appropriations Committee Aug. 17 by a vote of 13-0.

•AB 1046, by Assemblyman Joel Anderson, R-El Cajon, which would increase the homestead exemption from execution on a judgment to $75,000, or $100,000 if the judgment debtor or his or her spouse who resides in the homestead is, at the time of the sale, a member of a family unit, and one member of the family unit is without an interest, or with only a limited interest, as specified, in the homestead, and to $175,000 if the judgment debtor or the spouse of the judgment debtor who resides in the homestead is, at the time of the sale, 65 years of age or older, disabled, or 55 years of age or older with a limited income. The bill, which passed the Assembly May 4 by a vote of 79-0, passed the Senate July 16 by a vote of 36-0, passed the Assembly with the Senate amendments Aug. 17 by a vote of 76-0 and was sent to the governor Aug. 24.

•AB 1090, by Assemblyman William Monning, D-Santa Cruz/Monterey, which will expressly prohibit waivers of the ethical standards for contractual arbitrators. The bill, which passed the Assembly May 14 by a vote of 71-0, and passed the Senate June 22 by a vote of 30-9, was signed by the governor Aug. 5.

•SB 39, by Sen. John Benoit, R-Bermuda Dunes, which, as amended in the Assembly June 26, provides that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of a governmental emergency organization. These provisions apply exclusively to any legal action filed on or after the effective date of the bill, which took effect immediately as an urgency measure. It was signed by the governor Aug. 5 and chaptered by the secretary of state the next day.

•SB 150, by Sen. Roderick Wright, D-Inglewood, which would amend provisions related to sentence enhancements to eliminate the requirement, the validity of which is in question as a result of the U.S. Supreme Court decision in Cunningham v. California, that when there are three possible terms for the enhancement, the judge must select the middle term in the absence of aggravating or mitigating factors. The bill would amend Proposition 21, and thus requires a two-thirds majority. As amended, the bill would have a sunset date of Jan. 1, 2011. The bill, which passed the Senate June 3 by a vote of 39-0, passed the Assembly Appropriations Committee Aug. 27 by a vote of 17-0.

•SB 219, by Sen. Leland Yee, D-San Francisco, which would abrogate the result in Miklosy v. Regents of the University of California (2008) 44 Cal.4th 876 by providing UC employees with the same rights as other state workers under the Whistleblower Protection Act. The bill, which passed the Senate in May by a vote of 23-14, and passed the Assembly July 13 by a vote of 50-24 and was sent back to the Senate for concurrence in amendments, passed the Senate with the Assembly amendments Aug. 24 by a vote of 22-14.

•SB 786, by Yee, which would provide that where a public entity prevails under the anti-SLAPP statute in an action for violation of the Ralph M. Brown Act or the California Public Records Act, the entity is not entitled to an award of attorney fees unless the action was frivolous. The bill was signed by the governor Aug. 5.