August
31,
2011

A report on where
things
stand



Judge Silberman Acquitted, Will Return to Work Next Week...Names of Possible Superior Court Appointees Sent to JNE Commission....Supreme Court Nominee Goodwin Liu Gets Highest Possible JNE Rating Going Into Confirmation Hearing Today




Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

Silberman is scheduled to return to work Sept. 6 in Pasadena, following his acquittal on charges of offering an inducement to his 2008 election opponent to run in another seat.

Ricardo Torres II
Los Angeles Attorney

The District Attorney’s Office said July 6 it is investigating whether Torres, a onetime rising star in local politics, should be charged with a crime based on his admitted misappropriation of client funds. A senior prosecutor said an investigation had been opened earlier, but was suspending because State Bar disciplinary proceedings were pending.

Torres reached a stipulation with State Bar prosecutors June 3, in which he agreed to be disbarred for taking almost $90,000 from clients who were seriously injured by a drunk driver in 2005.

A candidate for the state Assembly and the Los Angeles City Charter Commission in separate 1997 elections, Torres is the son of retired Los Angeles Superior Court Judge Ricardo A. Torres, a former presiding judge, and is a nephew of Los Angeles Superior Court Commissioner William Torres.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

The Senate Judiciary Committee held a July 13 hearing for Alaska Supreme Court Justice Morgan Christen, who was nominated May 18 to fill the seat left vacant when Judge Andrew Kleinfeld took senior status June 12 of last year. Christen received a unanimous rating of “well qualified” from the American Bar Association’s evaluating committee.

There are two other vacant seats, one previously held by Judge Stephen Trott, who took senior status in 2004, and the other a newly created position.

Judge Mary M. Schroeder is taking senior status Jan 1.

 

President Obama nominated Michael W. Fitzgerald on July 20 to succeed Judge A. Howard Matz, who took senior status July 11. Fitzgerald received a unanimous “well qualified” rating from the ABA.

No nomination has been made to succeed Judge Stephen G. Larson, who resigned Nov. 2, 2009. to join the law firm of Girardi | Keese. He subsequently joined the firm of Arent Fox LLP.




A confirmation hearing is scheduled for today for UC Berkeley law professor Goodwin Liu, nominated by Gov. Brown to the California Supreme Court. Liu was rated “exceptionally well qualified” by the State Bar Commission on Judicial Nominees Evaluation.


Second District

Justice Paul Coffee is retiring from Div. Six in January.

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January.

Forth District

Presiding Justice David Sills retired June 1 and died Aug. 23. The governor has sent the name of Justice Kathleen O’Leary to the JNE Commission as a possible successor.

Sixth District

Justice Richard McAdams retired Feb. 28. The governor has sent the name of Santa Clara Superior Court Judge Brian Walsh to the JNE Commission as a possible successor.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Dennis Aichroth retired Feb. 17 and Judge Conrad Aragon Feb. 18. Judge Jerry E. Johnson retired March 3, while Judge Marlene Kristovich retired March 31. Judge John Kronstadt joined the U.S. District Court on April 25.

Judge Charles Horan retired May 6 and Judge Andrew Kauffman retired May 15.

Judge William Birney retired July 7, Judge John Shook July 15, and Judge Martha Bellinger July 31.

Three judges have slated September retirements—Judith Champagne Sept. 1, Michael Latin Sept. 5, and Maral Injejikian Sept. 6.

Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy District Attorney Brentford Ferreira, Deputy Alternate Public Defender Debra Cole, Montebello attorney Edwin Chau, and Los Angeles attorney Douglas W. Stern.

Commissioner Patrick Larkin is on medical leave.

Commissioner Ralph Amado died Oct. 17. Commissioner Martin Goetsch retired March 31, Commissioner Cathrin DeVoe April 26, and Commissioner Martin Green June 25.

Commissioners Burt Barnett and William R. Torres retired July 31.


Legislation of Interest to the Legal Community

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

AB 141, by Assemblyman Felipe Fuentes, D-Sylmar, which specifically mandates that jurors be instructed that the ban on communications about a trial extends to text messaging and other forms of electronic communication. The bill, which passed the Assembly April 14 by a vote of 60-0, was approved by the Senate July 11 by a vote of 37-0 and was and was signed into law by the governor Aug. 5.

AB 362,by Assemblywoman Bonnie Lowenthal, D-Long Beach, which would increase the number of signatures required to authorize a write-in challenge to an otherwise unopposed incumbent Superior Court judge. The bill, which passed the Assembly April 11 by a vote of 53-21, passed the Senate July 14 by a vote of 29-8 and was sent to the Assembly for concurrence in Senate amendments, which took place on Aug. 15 by a vote of 50-26. The bill was presented to the governor Aug. 22.

AB 433, by Lowenthal, which would eliminate the procedure allowing objections in superior court to a petition to issue a new birth certificate to a person who has undergone sex change surgery. The bill passed the Assembly May 5 by a vote of 55-22 and was sent to the Senate, which passed it July 14 by a vote of 23-13 and sent it back to the Assembly with amendments, Which were concurred in Aug. 22 by a vote of 51-26.

AB 520, by Assemblyman Tom Ammiano, D-San Francisco, which, as amended June 28, would establish procedures by which a person convicted of alcohol-related reckless driving could obtain a restricted driver’s license prior to the completion of a mandatory one-year suspension. As originally introduced, the bill would have provided that an upper term sentence may not be imposed under the Determinate Sentencing Law, except on the basis of facts in aggravation found by the trier of fact. The bill, which passed the Assembly in June, passed the Senate Public Safety Committee July 5 by a vote of 7-0 and was re-referred to the Appropriations Committee, which approved it Aug. 25 by a vote of 6-3.

AB 618, by Assemblyman Warren Furutani, D-Long Beach, clarifying the right of a non-English-speaking criminal defendant to the assistance of a court interpreter. The bill passed the Assembly June 1 by a vote of 51-24, and was sent to the Senate, where it was initially assigned to the Judiciary Committee, then re-referred to the Public Safety Committee, which approved it July 5 by a vote of 4-2, then re-referred to the Appropriations Committee, where it was held under submission Aug. 25.

AB 622, by Assemblyman Roger Dickinson, D-Sacramento, which would amend civil grand jury procedures. The bill passed the Assembly June 1 by a vote of 66-8 and was sent to the Senate, where it was referred to the Judiciary Committee, which approved it July 11 by a vote of 3-2 and re-referred it to the Appropriations Committee, which approved it Aug. 25 by a vote of 5-4.

AB 1111, by Assembly members Nathan Fletcher, R-San Diego, and Holly Mitchell, D-El Segundo, which would prohibit a court from garnishing wages or levying a bank account for the enforcement and collection of fees, fines, forfeitures, or penalties imposed by a court against a person under 25 years of age who has an outstanding unpaid citation for truancy, loitering, curfew violations, or illegal lodging if the court obtains information that the person is homeless. The bill passed the Assembly May 11 by a vote of 73-0. It passed the Senate Aug. 29 by a vote of 31-5 and was returned to the Assembly, which sent it to engrossing and enrolling.

AB 1133, by Assemblyman Jim Silva, R-Huntington Beach, which would require recusal of a civil grand juror if such person was employed, within the preceding three years, by the agency that is the subject of an investigation. The bill, which passed the Assembly April 25 by a vote of 68-0, passed the Senate July 1 by a vote of 32-0, passed the Assembly with Senate amendments July 5 by a vote of 76-0, and was signed by the governor Aug. 5.

SB 8, by Sen. Leland Yee, D-San Francisco, which, as amended, requires auxiliaries and foundations associated with the University of California, California State University, and community colleges to comply with the California Public Records Act. There would be exemptions protecting the anonymity of donors and volunteers in all cases except in situations where there is a quid pro quo in which the donor or volunteer receives something from the university valued at over $2,500 or in which the donor or volunteer receives a no-bid contract within five years of the donation, or where a donor attempts to influence curriculum or university operations. The bill passed the Senate June 2 by a vote of 38-1 and was sent to the Assembly, where it was amended July 14 to name the bill the Richard McKee Transparency Act in memory of the recently deceased ex-president of the open government group Californians Aware, then passed it Aug. 15 by a vote of 75-0. The Senate concurred in Assembly amendments Aug. 18 by a vote of 37-1 and sent the bill to the governor.

SB 182, by Sen. Ellen Corbett, D-San Leandro, which would require the governor to collect and release data on the sexual orientation and gender identity of judicial applicants, in addition to the data on race and gender that must be released under current law. As amended, the bill would require a departing governor to provide the data for the governor’s last year in office to his or her successor, and would require that any report indicate the number of applicants who declined to respond. The bill passed the Senate June 1 by a vote of 23-14 and was sent to the Assembly, which passed it with amendments Aug. 29.

SB 405, by Corbett, which would create up to 10 new judgeships during the 2011-12 fiscal year in order to convert subordinate judicial officer positions in family law or juvenile law only. This would be in addition to the 16 annual conversions already authorized for the superior courts generally. The bill passed the Senate June 1 by a vote of 26-12 and passed the Assembly Judiciary Committee June 21 by a vote of 7-3, and was re-referred to the Appropriations Committee, which approved it Aug. 25 by a vote of 12-5.

SB 651, by Sen. Mark Leno, D-San Francisco, which would eliminate the “common residence” requirement for domestic partnerships. The bill passed the Senate June 1 by a vote of 24-15 and was sent to the Assembly, where the Judiciary Committee approved it June 28 by a vote of 6-3 and re-referred it to the Appropriations Committee, which approved it Aug. 25 by a vote of 12-5.

SB 671, by Sen. Curren D. Price, D-Inglewood, relating to continuing education requirements for shorthand reporters. The bill, which passed the Senate May 31 by a vote of 27-11, passed the Assembly Aug. 25 by a vote of 53-24 and was sent back to the Senate, which sent it to engrossing and enrolling that same day.



 

 

 


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