Presiding Justice Candace Cooper to Retire From This District's Court of Appeal Today...Six Judges Elected to Los Angeles Superior Court in June and November to Take Office Monday, Along With New Commissioner...U.S. District Judge Alicemarie Stotler to Take Senior Status Monday

Judges, Lawyers Under Scrutiny

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, is scheduled for trial on five felony embezzlement counts on Jan. 20 before Los Angeles Superior Court Judge Bob Bowers Jr.

Wolf is accused of having taken settlement funds from his clients in multiple 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 of last year 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.

Richard I. Fine
Attorney

Fine, an attorney since 1973, is facing possible disbarment based on State Bar Court Hearing Judge Richard Honn's finding of last November that the lawyer engaged in a concerted campaign of litigation designed to harass judicial officers who had ruled against him, in particular Los Angeles Superior Court Commissioner Bruce Mitchell.

He is also suing State Bar officials in federal court, challenging the constitutionality of the portion of the State Bar Act that permits disbarment for acts of "moral turpitude" that are not criminal offenses.

On Sept. 17, the State Bar Court denied, without comment, Fine's motion to dismiss the proceedings on First Amendment grounds. Fine contends the State Bar is retaliating against him for engaging in protected speech, which bar counsel disputes, saying Fine engaged in moral turpitude by continuously relitigating issues on which he had been ruled against.

Fine has since moved to reconsider that ruling, citing, among other things, the Court of Appeal's recent ruling that payment of local judicial benefits to Los Angeles Superior Court judges is unconstitutional. He contends that since the disbarment action is based, in part, on litigation of suits in which he made the same argument, his actions in those cases cannot be considered frivolous or to constitute harassment of judicial officers whom he claimed had a conflict of interest in hearing cases in which Los Angeles County was a party, while the county was paying them benefits.

Roosevelt Dorn
Former Los Angeles Superior Court Judge

Dorn, who served on the Inglewood Municipal Court and the Los Angeles Superior Court from 1979 until his election as mayor of Inglewood in 1997, pled not guilty July 24 to charges of conflict of interest and misappropriation of public funds. He is alleged to have personally benefited from a loan program designed to assist city employees in purchasing and improving housing within the city.

A pretrial conference is scheduled for Jan. 15 at the Foltz Criminal Justice Center. It was continued from Nov. 20.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There has been a vacancy on the court since Judge Stephen Trott took senior status Dec. 31, 2004. Another vacancy, in a newly created position, will be created on Jan. 21 of next year.

Judge George Schiavelli resigned effective Oct. 5, creating a second vacancy. A third vacancy will occur when Judge Alicemarie Stotler takes senior status Jan. 5.

The earlier vacancy occurred when Judge Nora Manella resigned to become a justice of this district's Court of Appeal two years ago. Orange Superior Court Judge James E. Rogan, a former congressman and Commerce Department official, was nominated for the seat but was unable to secure a confirmation hearing.

There are no vacancies.

First District

Justice William Stein retired from Div. One at the end of August. Justice Linda M. Gemello retired from Div. Five Jan. 4. Justice Douglas E. Swager is retiring from Div. One today.

Second District

Justice Miriam Vogel retired July 3 from Div. One, which also has a vacancy as a result of Robert Mallano's elevation to presiding justice.. Presiding Justice Candace Cooper is retiring from Div. Eight today.

Third District

Justice Fred Morrison is retiring Jan. 31. Justice Rodney Davis is retiring Feb. 16.

Fifth District

Justice Thomas Harris died Nov. 12.

Seats in other districts are filled.

Los Angeles Superior Court

Six newly elected judges will be sworn in on Monday-Hilleri G. Merritt, Michael O'Gara, Thomas Rubinson, Harvey Silberman, Pat Connolly, and Michael Jesic. Silberman, elected in June, is currently a commissioner; the others all come to the court from the District Attorney's Office.

They succeed Judges Francis A. Gately, who retired Nov. 30; Michael Duggan, who retired July 22; Wendell Mortimer Jr., who retired April 30; Tracy Grant, whose term is expiring; Gibson Lee, whose term is also expiring; and Jack Hunt, who retired July 31.

Newly appointed Judges Benny C. Osorio and Bernie C. LaForteza took up their assignments in Lancaster this month. Judge Robert C. Vanderet took up his first permanent assignment in Torrance; Judge Mark Young in East Los Angeles, and Judge Ray A. Santana at the Metropolitan Courthouse.

Judge James K. Hahn was sworn in this month and was assigned to the Edelman Children's Court in Monterey Park.

The appointments of 17 new judges last month, and the election of six more, leave the court with 12 vacancies, resulting from the death of. Judge Deanne Smith Myers Aug. 20; the retirements of Rodney Forneret Dec. 5, Kenneth Black Nov. 5, Darlene Schempp Sept. 30; Coleman Swart, Alexander Williams III, and Suzanne Person Sept. 15; Leon Kaplan Aug. 1; Michael R. Hoff July 31; Xenophon F. Lang Jr. July 29; and David M. Horwitz July 18; and the decision of the Judicial Council to convert former Commissioner Ronald Rose's seat to a judgeship. Rose was among the 17 new judges named by Gov. Arnold Schwarzenegger in November.

In addition, a newly created position on the court was to have been funded as of June 1, but legislation designed to ease the state budget crisis postponed the effective date to June 1 of next year.

Judge Kathryne A. Stoltz, whose last day on the bench was Dec. 19, officially retires Feb. 20.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court 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, E. Eugene Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand, Deputy District Attorneys Steven I. Katz, Alison S. Matsumoto, Shellie Samuels, Jeffrey Gootman, John D. Harlan II and Laura Laesecke; Commissioners John Slawson, Rocky L. Crabb, Michael Convey, Victor Greenberg, Maren Nelson, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, 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; Los Angeles attorneys Michael Wilner, Shan K. Thever, John L. Carlton, Adrienne Krikorian, Mark A. Borenstein, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman, Pasadena attorney Warren Gilbert, Glendale attorney Mark J. MacCarley, and Westlake Village attorney Michael Nebenzahl..

Attorneys Michael Pearce and Lloyd Loomis were elected commissioners this month to replace Amy Pellman and B. Scott Silverman, who were appointed judges last month. Pearce will be sworn in Monday.

Commissioner William Dodson is on long-term medical leave.

Legislation of Interest to the Legal Community

The Legislature did not sit in regular session in December.