Oral arguments took place before the Commission on Judicial Performance on Aug. 24 in San Francisco after a panel of special masters largely rejected charges brought by the commission against Clarke, a judge since 2007.

The charges stem from jury selection in a murder trial. The commission accused the judge of making insulting remarks about individual members of the venire, who were seeking hardship dismissal, and of improperly forcing one woman to remain at court because she complained openly about the conduct of the courtroom clerk, whom she claimed made light of the woman’s anxiety disorder.

Clarke testified before the masters that he had no intention of belittling anyone. But in the case of the woman who criticized the clerk, Clarke admitted he was angry, and acknowledged he could have handled the matter better, with which the masters agreed. The masters concluded he did not, with respect to any of the matters alleged, commit willful misconduct in office or conduct bringing the judiciary into disrepute.

David Tamman.
Suspended Attorney

The Senate Judiciary Committee on July 13 held a confirmation hearing for U.S. District Judge Lucy H. Koh of the Northern District of California. President Obama on Feb. 25 nominated Koh to fill the vacancy created when Judge Harry Pregerson took senior status on Dec. 11, the day he completed 44 years of active service on the federal courts.

Further vacancies will occur when Judge Barry Silverman takes senior status Oct. 11 and Judge Richard Clifton does so Dec. 31.

Judge Christina A. Snyder will take senior status Nov. 23.

District Judge Virginia Phillips became chief judge of the district July 1, succeeding Judge George King, who stepped down with three years remaining in his term.
The nomination of Los Angeles Superior Court Judge Mark Young was reported favorably by the Senate Judiciary Committee Nov. 5. He was nominated by President Obama on July 16 to succeed Judge Audrey B. Collins, who retired Aug. 1, 2014 to join the state Court of Appeal.

Judge Margaret Morrow took senior status Oct. 29 and subsequently left the bench to become president and chief executive of Public Counsel. Judge Dean Pregerson took senior status Jan. 28.

Magistrate Judge Paul Abrams was nominated Dec. 16 for Pregerson’s seat .

There are no vacancies.

Vacancies remaining to be filled from last year occurred as a result of the retirements of Judges Alan Goodman July 30, Thomas McKnew July 31, Tia Fisher Aug. 1, Richard Stone Aug. 28, and Reva Goetz Sept. 21, as well as the resignation of Judge Jeffrey Winikow Dec. 4 and the death of Judge Ellen DeShazer Nov. 22.

Vacancies were created this year when Judge Michelle Rosenblatt retired June 2, Judge Peter Espinoza retired May 31, Judge Jane Johnson retired May 23, Judge Emilie Elias retired May 9, Judge Robert Willett retired March 9, Judge Daniel Brenner died Feb. 15, and Judge Russell Kussman retired Feb. 18. Judge John Henning is retiring Sept. 8.

Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are Deputy District Attorneys, Kerry White, Candace Foy Smith, Leonard Torrealba, and Kathleen Tuttle; retired Deputy District Attorney Brentford Ferreira; Los Angeles Deputy City Attorney—and former city attorney candidate—Michael Amerian; attorney/mediator Michael Diliberto; former Superior Court Referee Stephanie Davis; Los Angeles attorneys Angel Navarro and Lisa Mattern; Deputy Public Defender Lisa Brackelmanns; Superior Court counsel Brett Bianco; Beverly Hills attorney Edward Tabash; South Pasadena attorney Mark S. Priver; Deputy District Attorneys Court of Appeal staff attorney Kenneth E. Roberson; Deputy Attorney General Kim Nguyen; Superior Court Commissioners Karin Borzakian, Timothy Martella, Pamela Davis, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy, Terry Truong and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel Julie Ann Silva; Glendale attorney Kenneth Wright; and Assistant U.S. Attorney Wesley Hsu.

The Legislature took the following action on bills of interest to the legal community in August.

•AB 1708 by Assemblymember Christina Gonzalez, D-San Diego. As amended, the bill would make a number of changes in laws related to prostitution. The bill was amended in the Senate Aug. 15 and Aug. 19, passed on Aug. 23 by a vote of 39-0, and was sent to the Assembly for concurrence in amendments.

•AB 1766 by Assemblymember Mark Stone, D-Santa Cruz, which would require that counsel in criminal cases be provided with a complete list of prospective jurors’ names and that jurors be referred to by initials or identification numbers during trial. The bill was vetoed by the governor Aug. 29. The governor said in his veto message that the issue was best addressed on a case-by-case basis.

•AB 1779 by Assemblymember Mike Gatto, D-Los Angeles, which would follow up on last year’s legislation authorizing nonprobate transfers of real property via a revocable transfer-on-death deed. As amended, the bill would expand a mandated study of TOD deeds by the California Law Revision Commission to include other forms of nonprobate transfers, including transfers to a trust. The bill was signed into law by the governor Aug. 25.

•SB 846 by Sen. Joel Anderson, R-El Cajon, which, as amended, would authorize the State Bar to levy 2017 dues at the current rate and would overhaul State Bar operations by, among other things, phasing out the election of attorney representatives and allowing the Supreme Court to appoint the State Bar chair (the new title of what is now the office of president), by increasing trustee terms to four years, and by establishing new procedures for the handling of unauthorized practice complaints. The bill passed the Assembly Aug. 29 by a vote of 80-0, and was sent to the Senate for concurrence in Assembly amendments.

•SB 1065 by Sen. Bill Monning, D-Santa Cruz, which, as amended, would establish an expedited appeals process in actions brought under the Elder and Dependent Adult Civil Protection Act if the plaintiff was granted a trial preference based on age or terminal illness. The bill passed the Senate, with Assembly amendments, by a vote of 39-0 Aug. 26.

•SB 1078 by Sen. Hannah Beth Jackson, D-Santa Barbara, which would, among other things, require the disclosure, in a consumer arbitration case, of any solicitation made by a private arbitration company of business from a party or an attorney for a party in the previous two years. The bill was amended in the Assembly Aug. 19 and passed on Aug. 29 by a vote of 48-26, sending it to the Senate for concurrence in Assembly amendments.

•SB 1241 by Sen. Bob Wieckowski, D-Fremont, which, as amended, would prohibit the inclusion, in any employment agreement entered into on or after Jan. 1, 2017, of any clause that would require a California resident to submit to a suit or arbitration in an out-of-state venue. Amendments approved in the Assembly on Aug. 19 and Aug. 29 narrowed the scope of the bill, which originally would have applied to consumer contracts as well, and outlawed foreign choice-of-law clauses in contracts to which the bill applied.

•SB 1257 by Sen. Marty Block, D-San Diego, which would require State Bar applicants to perform 50 hours of specified pro bono service prior to admission. The bill was vetoed Aug. 29 by the governor, who said it would burden law students facing “skyrocketing costs” and daunting employment prospects.