21 Candidates on March Ballot for Seven Judicial Seats...Ninth Circuit Judge Procter Hug Takes Senior Status Tomorrow...Davis Nominates Nine to Appellate Posts

Judges, Lawyers Under Scrutiny

Vicki M. Roberts
Attorney and former Superior Court candidate

Roberts, who lost a runoff to David Mintz for an open seat on the Superior Court in November of last year, was charged last May with misdemeanor counts of arson and conspiracy in connection with an alleged arson-for-profit scheme.

ROBERTS

Roberts told the MetNews that the allegations are false, and that she has "never seen" the building in question.

Roberts' home was searched in December 1998, pursuant to a warrant. Investigators removed about 45 boxes of documents, including records Roberts claims are subject to the attorney-client and work-product privileges.

Roberts, who is represented by Los Angeles attorney Richard Sherman, demurred to the complaint. The demurrer is pending, as is a motion to disqualify the District Attorney's Office for conflict of interest.

Roberts has also sued the city of Los Angeles and the District Attorney's Office, claiming the search of her home violated her civil rights. U.S. District Judge Dean Pregerson dismissed the action, based on the Rooker-Feldman doctrine prohibiting lower federal courts from interfering in state judicial proceedings.

In her appeal, which is currently pending before the Ninth U.S. Circuit Court of Appeals, Roberts argues that an exception to the doctrine applies because she was not given a full and fair hearing on her constitutional claims in state court.

Couwenberg, a Los Angeles Superior Court judge since 1997, was ordered removed from office by Commission on Judicial Performance Aug. 15, but has asked the high court to refer the matter to the State Bar Court for a ruling on whether he is fit to practice law. A judge who is removed is barred by the state Constitution from returning to practice unless the Supreme Court orders otherwise.

The commission found that Couwenberg misrepresented his educational and military backgrounds to various sources, including the governor who appointed him and the commission itself.

James Simpson
Los Angeles Superior Court Judge

Simpson, who became a Glendale Municipal Court judge in 1994 and joined the Superior Court through unification last year, received disability retirement Dec. 10.

SIMPSON

Simpson has been under preliminary investigation by the Commission on Judicial Performance. The investigation has not been closed, the judge's attorney said.

The investigation centered on charges that Simpson attempted to influence court commissioners in their handling of traffic cases involving friends of the judge.

The judge was also accused of bringing his dog into court at the conclusion of jury trials and introducing him as the "low-budget bailiff."

Other allegations were that Simpson discussed personal business on the telephone while court was in session, and that he stood in his chambers bathroom "urinating with the door wide open" after giving his court clerk permission to enter.

Judicial Elections

There will be seven Los Angeles Superior Court contests on the March 5 ballot, five for open seats and two challenges of sitting judges.

Seeking election are:

• Office No. 2-Santa Monica attorney Joseph Deering, Deputy District Attorney Hank Goldberg, and Workers' Compensation Judge Donald Renetzky. Renetzky has retained Fred Huebscher as his campaign consultant.

• Office No. 39-Deputy District Attorneys Richard Naranjo and Craig Renetzky and Acton attorney Larry H. Layton. Renetzky, the son of Office No. 2 candidate Donald Renetzky, has also retained Huebscher as his consultant.

• Office No. 40-Judge Floyd Baxter and former Newhall Municipal Court Commissioner Ross Alan Stucker. Baxter has retained Huebscher.

• Office No. 53-Deputy District Attorney Lauren Weis, former Los Angeles Superior Court Commissioner Richard Espinoza, mid-Wilshire practitioner Richard S. Harrison, and Covina lawyer H. Don Christian. Huebscher is Weis' consultant.

• Office No. 67-Deputy District Attorney David Gelfound, Pasadena attorney David Crawford, State Bar Court Judge Paul Bacigalupo, and Los Angeles Superior Court Commissioner Steven K. Lubell. Consultants working on the campaigns are Huebscher for Gelfound and the Garcia McCoy Lee Consulting Group for Bacigalupo.

• Office No. 90-Judge C. Robert Simpson Jr. and Glendale attorney Kenneth E. Wright. Simpson has retained Cerrell Associates Inc. as his consultant.

• Office No. 100- Deputy District Attorney Richard Walmark, Encino attorney Thomas Warden, and Workers' Compensation Judge John C. Gutierrez. Huebscher is Walmark's consultant.

Judiciary: Vacancies, Appointments

Ninth Circuit

There are three vacancies on the 28-judge court, with another one slated when Judge Procter Hug Jr. takes senior status tomorrow.

Judge James Browning took senior status Sept. 1 of last year. Previous vacancies resulted when Judge Cynthia Holcomb Hall took senior status Aug. 31, 1997 and when the late Judge Charles E. Wiggins took senior status Dec. 31, 1996.

President Bush resubmitted the nominations of Los Angeles Superior Court Judge Carolyn B. Kuhl and Hawaii attorney and Republican activist Richard R. Clifton on Sept. 4.

Kuhl and Clifton were originally nominated June 22. The nominations were returned to the president on Aug. 3 when a disagreement over other nominees resulted in the Senate returning all pending nominations.

Senate rules require that all pending nominations be returned to the president prior to a recess absent unanimous consent.

Kuhl, 48, is a six-year veteran of the Superior Court bench. She previously served in the U.S. Department of Justice as a special assistant to Attorney General William French Smith, and worked in the office of the solicitor general during the Reagan administration.

President Clinton's nominees for the Hall and Wiggins seats, attorneys Joseph Duffy Jr. of Honolulu and Barry Goode of San Francisco, never received confirmation hearings. Goode now serves as legal affairs secretary to Gov. Gray Davis.

MORENO

Judge Carlos Moreno was confirmed as a California Supreme Court justice Oct. 17, creating a sixth vacancy.

Earlier vacancies resulted from Judge J. Spencer Letts taking senior status Dec. 19, the elevation of Judge Richard Paez to the Ninth Circuit in March of last year, Judge William Keller's taking senior status Oct. 29, 1999, and the retirement of Judge John Davies and Judge Kim Wardlaw's elevation to the Ninth Circuit, both of which occurred in July 1998.

A procedure for naming successors was announced by U.S. Sens. Barbara Boxer and Dianne Feinstein and Judiciary Advisory Committee chair Gerald Parsky.

Parsky, a West Los Angeles attorney and investment banker, was President Bush's state campaign chair. The committee has four subcommittees, one for each district.

Under an agreement between the White House and the two Democratic senators, three members of each subcommittee were chosen by Parsky and three by the two senators. The subcommittee, by majority vote, will recommend three to five people for each vacancy, and Parsky will review the choices and advise the president.

There are no vacancies.

First District

Gov. Gray Davis announced six nominations on Dec. 21. The nominees all face confirmation hearings in San Francisco Jan. 25.

Justice James Marchiano of Div. One was nominated to succeed Presiding Justice Gary Strankman of that division. Strankman retired July 31. Alameda Superior Court Judge Sandra L. Margulies was nominated to succeed Marchiano as associate justice.

Justice Laurence D. Kay of Div. Four was nominated to succeed Daniel Hanlon as presiding justice of that division. Hanlon retired a year ago today. Contra Costa Superior Court Judge Marie P. Rivera would succeed Kay.

San Francisco Superior Court Judge Stuart Pollak was nominated to Div. Three to succeed Justice Herbert W. Walker, who retired at the end of March.

San Mateo Superior Court Judge Linda M. Gemello was nominated to fill a new position in Div. Five created by Senate Bill 1857, which took effect Jan. 1.

This District (Second District)

Judith Ashmann, elevated from the Los Angeles Superior Court, was confirmed and sworn in Dec. 7. She fills the Div. Two seat vacated by Justice Candace Cooper.

Cooper was confirmed and sworn in Nov. 21 as presiding justice of Div. Eight, created by SB 1857.

One vacancy remains in Div. Eight. Among those who have been evaluated by the Commission on Judicial Nominees Evaluation and could be appointed to that post are Los Angeles Superior Court Judges Gregory Alarcon, Laurie Zelon and Madeline Flier and Ventura Superior Court Judge Melinda Johnson.

Third District

Sacramento Superior Court Judge Ronald Robie, nominated to fill a new position created by SB 1857, faces a Jan. 15 confirmation hearing in Sacramento.

Fourth District

The governor nominated Richard Fybel last Monday to fill a new position in Div. Three, created by SB 1857. His confirmation hearing has been set for Feb. 8.

Divs. One and Div. Two each have a vacancy created by SB 1857. Div. Three has another vacancy created by the June 1 retirement of Justice Thomas Crosby.

Fifth District

There is one vacancy, a newly created position under SB 1857.

Sixth District

The governor last week nominated Santa Clara Superior Court Judge Conrad Rushing to fill a newly created position under SB 1857. His confirmation hearing has been scheduled for Jan. 25.

Presiding Justice Christopher Cottle retired Aug. 31. Justice Patricia Bamattre-Manoukian is the acting presiding justice.

Los Angeles County

Gov. Gray Davis last week named Commissioner Gilbert Lopez as a judge, filling the vacancy created by the May 4 resignation of Judge Patrick Murphy.

Five judges were appointed Nov. 30-Luis Lavin, who was director of enforcement for the Los Angeles City Ethics Commission; Joe Hilberman, a civil litigator; Michael Stern, a trademark infringement specialist; Assistant U.S. Attorney Lisa Lench; and Anne Egerton, West Coast general counsel for NBC.

Lavin succeeds Judge Paul Metzler, who retired May 1; Hilberman replaces Judge Thomas Schneider, who retired Feb. 6; Stern is the successor to Judge Thomas Allen, who retired Jan. 2; and Lench fills a new position under SB 1857.

Judge James Simpson was retired for disability, effective Dec. 10.

There remain 14 vacancies.

Judge Richard Kalustian retired May 8, Arnold Gold May 21, Kenneth Chotiner May 31, Kurt J. Lewin Aug. 16, Elva Soper Sept. 30, David Perez Oct. 5, and Richard Charvat Nov. 5.

Judge Stephen O'Neill died July 10 and Judge Ronald Cappai July 17.

Judge Laurence Rubin, on Oct. 22, Judge Paul Boland, on Nov. 21, and Judge Judith Ashmann, on Dec. 7, were elevated to the Court of Appeal.

Further vacancies are slated. Judge Elvira Austin, who had originally planned to leave last month, has postponed her departure until Jan. 7. Judges David B. Finkel and James Albracht will retire Jan. 27, and Judge Michael Pirosh is leaving at the end of January.

Judge Harold Shabo, who had originally planned to leave today, has postponed his departure to Jan. 31. Judge John Gunn is stepping down Feb. 13.

Also, Commissioner Manly Calof retired Thursday and Commissioner Michael Price is stepping down Jan. 21.

Bills Affecting the Legal Community

The Legislature was in recess this month.