Encino Lawyer Faces Preliminary Hearing on Embezzlement Charges...Senate Adjourns Without Acting on Judicial Nominees...Judge Ruffo Espinosa Jr. to Retire Tuesday

Judges, Lawyers Under Scrutiny

Manuel Real
U.S. District Judge, Central District of California

The impending Democratic takeover of the House of Representatives makes it unlikely that further action will be taken on potential impeachment charges against Real, a federal judge for nearly 40 years, at least prior to the conclusion of an inquiry by the Ninth Circuit Judicial Council.

A hearing opened on Sept. 21 before the Crime, Terrorism, and Homeland Security Subcommittee of the House Judiciary Committee, headed by Rep. Lamar Smith, R-Texas on charges that Real, 82, improperly seized control of a bankruptcy case involving a defendant he knew, Deborah M. Canter, estranged wife of one of the owners of Canter's Delicatessen, then allowed the defendant to live rent-free for years in a house she'd been ordered to vacate.

After the landlord, the Canter Family Trust, appealed, the Ninth Circuit reversed, holding that Real lacked good cause for taking control of the case and re-imposing the stay.

A divided Judicial Council accepted Real's acknowledgment that he should have explained his reasons for taking jurisdiction over the bankruptcy and staying the eviction, and his assurance that "[h]e does not believe that any similar situation will occur in the future." It took no disciplinary action under a federal law which permits it to so, saying that the purpose of the statute is not to punish judges, but to assure the fair administration of the laws.

A national judicial panel reviewing the decision took no action, saying the Ninth Circuit inquiry was inadequate. Ninth Circuit Chief Judge Mary M. Schroeder then ordered a new probe.

The outgoing chairman of the full Judiciary Committee, James Sensenbrenner, R-Wis., declined to await the outcome of those proceedings, but committee Democrats appear willing to do so.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for nearly 40 years, faces a Jan. 18 preliminary hearing date on charges of embezzling more than $300,000 from his clients.

Wolf is accused of having taken settlement funds from his clients in six 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 and faces discipline in connection with several matters. 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.

He is also the subject of a $25,000 sanctions award-much of which remains unpaid, opposing counsel told the MetNews-for failing to disclose a prior settlement with a joint tortfeasor that should have been credited towards his client's recovery in a personal injury case.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are two vacancies on the court.

The nominations of N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party, and William G. Myers III, a former solicitor of the Department of the Interior who now practices law in Boise, Idaho, were returned to the president this month when the Senate adjourned without having acted.

The president can resubmit the nominations when the Senate returns to session next week, but the nominees would face uncertain prospects with the upper house controlled by Democrats, who have consistently opposed the nominations.

The Judiciary Committee on Sept. 21 voted 10-8 on a party-line vote to send the nomination of Smith to the full Senate.. President Bush nominated Smith on Dec. 16 of last year to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Sen. Dianne Feinstein, a member of the Judiciary Committee, rallied Democratic opposition to the nomination, saying that since both Trott-who moved to Idaho after his appointment-and his predecessor were from California, Trott's successor should come from this state as well.

Smith was unanimously rated "well qualified" by the American Bar Association's judicial evaluating panel.

The committee had approved Smith by the same 10-8 vote in May, but the nomination was returned to the president when the Senate took its summer recess. President Bush resubmitted the nomination Sept. 5 and again after the election recess.

Myers was originally nominated in May 2003 in anticipation of Judge Thomas G. Nelson taking senior status, which he did on Nov. 14, 2003. The nomination was sent to the floor by the Judiciary Committee in 2004 on a party-line vote of 10-8.

Republican senators tried and failed in July of last year to force a floor vote on the nomination. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against. No agreement concerning Myers was reached when a bipartisan group of senators reached a compromise to avert filibusters on several other nominees.

Myers was rated "qualified" by a "substantial majority"-meaning at least two-thirds-of the ABA committee and "not qualified" by the panel's other members.

There are five vacancies on the court. The president's nominations to fill them were returned when Congress adjourned Dec. 9, but may be resubmitted next week.

Orange Superior Court Judge James E. Rogan was nominated Nov. 15 to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal May 22.

The nominations of Los Angeles Superior Court Judges Valerie L. Baker and Philip Gutierrez were approved by the Senate Judiciary Committee Sept. 21.
Baker was nominated May 4 to succeed Judge Consuelo Marshall, who took senior status on Oct. 24 of last year. She was unanimously rated "well qualified" by the American Bar Association's evaluations panel.

Gutierrez was nominated April 24 to replace Judge Terry J. Hatter Jr., who took senior status on April 22 of last year. Gutierrez drew a unanimous rating of "well qualified" from the ABA.

Los Angeles Superior Court Judge George Wu was nominated to the court Sept. 5 in anticipation of Judge Ronald S.W. Lew taking senior status, which he did on September 19.

Los Angeles Superior Court Judge Otis Wright II was nominated Sept. 5 to succeed Judge Gary Taylor, who took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30 of last year.

There are no vacancies.

First District

The governor nominated Alameda Superior Court Judge Henry E. Needham on Dec. 21 to succeed Justice Laurence T. Stevens of Div. Five, who retired Feb. 28.

Seats in other districts are filled.

Los Angeles Superior Court

Gov. Arnold Schwarzenegger named three new judges last week.

Alan B. Honeycutt, head of the criminal division of the Redondo Beach City Attorney's Office, will fill the vacancy created by the retirement of Judge Hugh Gardner; Assistant U.S. Edward B. Moreton Jr. will replace Judge Ruffo Espinosa Jr., who is retiring Tuesday; and Deputy District Attorney Michael Villalobos will succeed the late Judge Jack Morgan.

Four judges elected in November were named to the court by Gov. Arnold Schwarzenegger on Dec. 6, allowing them to take office early. They were Hayden Zacky, elected to the seat from which Judge Marion Johnson retired Oct. 17; Bobbie Tillmon, elected without opposition to the seat of Judge Morris Jones, who retired Nov. 13; Daviann Mitchell, filling the seat from which Judge Michael Knight retired in February; and David Stuart, who fills the seat left vacant by the April 28 retirement of Judge Paula Mabrey.

Four other newly elected judges are due to take office Jan. 8-Lynn D. Olson, who defeated Judge Dzintra Janavs in the June primary; Daniel Lowenthal, who succeeds Judge Barbara Burke, who took disability retirement Oct. 24; Susan Lopez-Giss, elected in June to succeed Judge Larry Knupp, who is retiring Dec. 31; and Deborah L. Sanchez, who will succeed Judge Charles Rubin, who retired April 30.

Judge Chris Conway is due to retire Feb. 2.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorneys Elena J. Duarte and David P. Vaughn, criminal defense specialist Steven Cron of Santa Monica; Los Angeles Deputy City Attorneys Richard Kraft and Edward J. Perez; state Deputy Attorney General E. Eugene Varanini IV, Deputy District Attorneys David Gelfound and Laura Louise Laesecke; Commissioners Mitchell Beckloff, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Graciela Freixes, Ronald Rose, Marilyn Kading Martinez, and Loren DiFrank; Referee Steven Berman; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Jerome J. Haig; Los Angeles attorneys Adrienne Krikorian, Mark A. Borenstein, and Lawrence P. Brennan Jr.; and Century City attorney Howard S. Fredman.

Commissioners Martin L. Goestch and James Copelan are on long-term medical leave.

There is a commissioner vacancy as a result of Tillmon's appointment.

Legislation of Interest to the Legal Community

The following bills of interest to the legal community were introduced in December:

•SB 11, by Sen. Carol Migden, D-San Francisco, which would eliminate the limitation of domestic partnerships to same-sex couples and couples in which one of the parties is over the age of 62 years and receiving Social Security benefits.

•SB 39, by Migden, which would make technical changes in the law governing the confidentiality of case files of children who are dependent or are wards of the juvenile court.

•SCA 1, by Sen. Tom McClintock, R-Thousand Oaks, which would amend the constitutional provisions governing eminent domain, and would among other things change the standard of judicial review in some condemnation cases.