End of the Month

Tami Cantil-Sakauye Confirmed as Chief Justice, Faces Voters in November...Hearing Tomorrow on Superior Court Candidate Ameli’s Bid to Change Ballot Designation...Governor Signs Bill Subjecting Subordinate Judicial Officers to Judges’ Gift Restrictions

Judicial Elections

Runoff elections are scheduled Nov. 2 for two open seats on the court: (Official ballot designations in parentheses.):

• Office No. 28—Randy Hammock (Superior Court Referee) and Mark K Ameli were the top two vote-getters and face a November runoff for the seat from which Judge Emily Stevens retired May 11. A hearing will be held tomorrow on Ameli’s petition for a writ of mandate directing election officials to accept a change in his ballot designation from Arbitrator/Mediator/Litigator to Superior Court Litigator. Campaign consultants working in the race are David Gould for Ameli and Jill Barad for Hammock.

• Office No. 117—Alan Schneider (Gang Homicide Prosecutor) and Tom Griego (Criminal Prosecutor) face a runoff for the seat now held by Judge William Pounders. Fred Huebscher is Schneider’s consultant, while Parke Skelton is working for Griego.

Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

Orange Superior Court Judge Richard M. King has set a Sept. 17 deadline for the filing of pretrial motions on behalf of Silberman and two campaign consultants. The three are charged with offering an inducement to Deputy District Attorney Serena Murillo, Silberman’s 2008 opponent, to get out of the race.

King set Oct. 15 as the date for hearing defense motions. The defendants have waived their speedy trial rights for 60 days from that date.

Silberman’s attorney, Daniel Nixon, has already filed a motion to sever the judge’s trial from those of his co-defendants.

King, who is hearing the case as an assigned Los Angeles Superior Court judge, earlier dismissed charges against the three defendants of soliciting bribes, but denied their motions to throw out the election-law charges. A writ petition seeking to have those dismissed as well was denied by this district’s Court of Appeal and the California Supreme Court.

Walter Karabian
Attorney and Former Legislator

Karabian, a onetime majority leader of the California Assembly, faces a Sept. 8 trial in East Los Angeles on a misdemeanor charge of assault with a deadly weapon. The trial was continued from July 19.

Karabian allegedly hit a parking attendant with his car during a USC football game last year. Prosecutors charge that he tried to drive his car into a parking structure at Exposition Park at around noon on Dec. 5 but was stopped by the attendant, who told him he did not have the proper permit, and that he intentionally struck her with the car.

Ricardo A. Torres II
Attorney

Torres—whose family is well known in legal and political circles, and who apparently abandoned his two minor children along with his law practice and left the country earlier this year—tendered his resignation from the State Bar on July 12 in the face of disciplinary charges.

The group filed charges against Torres in April, accusing him of failing to return an unearned $15,000 fee that he obtained from a client and falsely telling the client that he had obtained a dismissal when in fact the prosecution chose not to file. He was also accused of failure to cooperate with the State Bar investigation.

Mitchell Roth
Former Los Angeles Superior Court Candidate

Roth, a candidate for the Los Angeles Superior Court in 2004, last week stipulated to a $1.1 million judgment, plus injunctive relief, in a lawsuit filed by Attorney General Jerry Brown in July of last year. The suit had been stalled because Roth declared bankruptcy.

The attorney general charged Roth and foreclosure consultant Paul Noe Jr. with having defrauded some 2,000 desperate homeowners into paying exorbitant fees for “phony lawsuits” to forestall foreclosure proceedings.

Roth did not admit wrongdoing, but 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 of last year, 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 and that a takeover of his practice was necessary to protect his clients.

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

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

The Senate last month returned the nomination of UC Berkeley law professor Goodwin Liu to fill an open position on the court, after Republicans objected to allowing the nomination to remain pending during the summer recess. The president can resubmit the nomination when Congress returns to session after Labor Day.

On May 13, the Senate Judiciary Committee voted 12-7, along party lines, to approve the nomination. Liu was unanimously rated “exceptionally well qualified” by the American Bar Association’s evaluating committee, but Republicans object that he is too liberal.

U.S. District Judge Mary H. Murguia of the District of Arizona, nominated to succeed Judge Michael Daly Hawkins, who took senior status Feb. 12, had her confirmation hearing July 15. Her nomination was held over by unanimous consent, so it does not have to be resubmitted.

There are two other vacant seats, previously held by Judge Stephen Trott, who took senior status in 2004, and Judge Andrew Kleinfeld, who took senior status June 12.

There are two vacancies, for which no nominations have been made. Judge Florence-Marie Cooper died Jan. 15 and Judge Stephen G. Larson resigned Nov. 2 of last year to join the law firm of Girardi | Keese.

Judge A. Howard Matz is scheduled to take senior status next year on July 11.

The Commission on Judicial Appointments on Aug. 25 confirmed the nomination of Third District Court of Appeal Justice Tani Cantil-Sakauye to succeed Chief Justice Ronald M. George, who will leave office at the end of his term in January.

Voters will decide in November whether to elect Cantil-Sakauye as chief justice for a 12-year term by voting Yes or No.

Third District

The governor on Aug. 11 nominated Louis Mauro, previously a Sacramento Superior Court judge, to succeed Justice Fred Morrison, who retired at the end of January of last year. The Commission on Judicial Appointments confirmed Mauro on Aug. 25.

Justice Rodney Davis retired Feb. 16 of last year, Presiding Justice Arthur G. Scotland is scheduled to retire Sept. 30, and Justice Richard Sims III said he will retire sometime between October of this year and January of next year.

The name of Sacramento Superior Court Judge Jaime R. Roman has been sent to the JNE Commission as a possible appointee to the court.

Fourth District

Justice Barton Gaut retired from Div. Two Feb. 28. The governor on Aug. 11 nominated Riverside Superior Court Judge Carol Codrington to fill the seat for a 12-year term commencing in January, and the Commission on Judicial Appointments confirmed her on Aug. 25.

The nomination remains subject to voter approval in November.

Fifth District

Jennifer Detjen, formerly a Madera Superior Court judge, was confirmed and sworn in Aug. 6 to succeed Justice Steve Vartabedian, who retired March 31.

The governor on Aug. 11 nominated Justice Brad Hill to succeed Presiding Justice James Ardaiz, who chose not to seek retention, and the nominee was approved by the Commission on Judicial Appointments Aug. 25. If voters approve on the November general election ballot, Hill will be elevated to presiding justice in January..

Seats in other districts are filled.

Los Angeles Superior Court

There are two vacancies on the court, as Judge Richard Wolfe died Aug. 29 and Judge Emily Stevens retired May 11.

Judge David Yaffe is retiring Nov. 1. His last day in court is scheduled to be Oct. 8.

Judge Gregg Marcus has left the bench. His retirement will be official Sept. 8.

Judge Eudon Ferrell is retiring Sept. 16.

Judge Harvey Silberman is disqualified while under felony indictment.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Century City attorney Robert B. Broadbelt III, Los Angeles attorneys David B. Bloom and H. Clay Jacke II; Assistant U.S. Attorney Carla Ford; 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 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 Andrea Thompson, Teresa Sullivan, Sean Hassett, Frances D. Young, Jennifer Lentz Snyder, Joseph Markus, Steven I. Katz, Alison S. Matsumoto, Jeffrey Gootman and John D. Harlan II; Commissioners Lia Martin, Michele Fleurer, Cynthia Zuzga, John Slawson, Rocky L. Crabb, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, Mark Zuckman 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 David Herriford, Philip J. Ganz Jr., Marshall Mintz, Howard Fields, Michael Wilner, Shan K. Thever, John L. Carlton, Adrienne Krikorian, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman; Pasadena attorneys Anthony de los Reyes and 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 Dennis Shanklin retired on March 15 and Commissioner Murray Gross on March 31.

Commissioner Patrick Larkin is on medical leave.

Commissioners Marc Lauper and Lori Jones retired at the end of April.

Commissioner Ralph Olson retired June 28 and Commissioner Nicholas Taubert June 30. There are also commissioner vacancies as a result of the judicial appointments of Michael Convey on June 30 and Scott M. Gordon April 8.

Legislation of Interest to the Legal Community

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

•AB 674, by Assemblywoman Mary Salas, D-Chula Vista, which would establish a deferred entry of judgment program and a preconviction drug diversion program for veterans who suffer from post-traumatic stress disorder or traumatic brain injury, and who commit specified offenses. The bill passed the Senate Appropriations Committee Aug. 12 by a vote of 10-0.

•AB 939, by the Committee on the Judiciary, which would, as amended, make certain changes in family law procedure. Among the changes would be a requirement that the court hear live testimony, absent a finding that it is unnecessary to do so, and a requirement that the court award attorney fees and costs if it finds that a disparity exists between the parties in terms of access to counsel and ability to pay. The bill would direct a social worker to draw no inference regarding the credibility of allegations of child abuse from the mere existence of a child custody or visitation dispute, and would also provide an exception to the confidentiality of child welfare agency records for certain participants in family law and probate guardianship cases. The bill, which passed the Assembly in January, passed the Senate Appropriations Committee Aug. 9 by a vote of 8-0, passed the full Senate Aug. 20 by a vote of 32-0 and was sent to the Assembly with amendments, which were concurred in Aug. 23.

•AB 1050, by Assemblywoman Fiona Ma, D-San Francisco, which would, among other things, provide that a child 14 years of age or older has the right to testify at a custody or visitation hearing, except that the court may, if it finds that such testimony is not in the best interests of the child, ascertain the child’s preferences by other means. The bill passed the Senate Aug. 5 by a vote of 33-0 and was sent to the Assembly with amendments, which were concurred in Aug. 9 by a vote of 78-0. The governor signed the bill into law Aug. 27.

•AB 1749, by Assemblywoman Bonnie Lowenthal, D-Long Beach, which extends protections of the California Whistleblower Protection Act to employees of the trial and appellate courts and the Administrative Office of the Courts. The bill passed the Senate Aug. 5 by a vote of 33-0 and was sent to the Assembly, which sent it to the governor, who signed into law Aug. 18.

•AB 2116, by Assemblywoman Noreen Evans, D-Santa Rosa, which subjects subordinate judicial officers to the same restrictions as judges with respect to accepting gifts. The bill passed the Senate Aug. 5 by a vote of 33-0 and was sent to the Assembly with amendments, which were concurred in Aug. 9 by a vote of 77-0. The governor signed the bill into law Aug. 27.

•SB 399, by Sen. Leland Yee, D-San Francisco, which would, under limited circumstances, allow a judge to reduce the term of a defendant who has served 10 years or more of a sentence of life imprisonment without the possibility of parole for a crime committed when the defendant was under the age of 18. The bill, which passed the Senate in June of last year, was refused passage by the Assembly Aug. 24 on a vote of 34-38, but was kept alive on a motion to reconsider.