Judicial Elections Begin to Take Shape...Senate Judiciary Committee Favorably Reports Nomination of Judge Jacqueline Nguyen for Elevation to the Ninth Circuit...Nine Commissioners Leaving Superior Court Under Voluntary Separation Program

Judicial Elections

Five candidates—Deputy District Attorneys Eric Harmon, Andrea Thompson and Sean Coen; Los Angeles Deputy City Attorney Matthew Schonbrun; and civil attorney Lawrence Kaldor—are seeking to run for open seats in the June primary. Candidates must file declarations of intent between Jan. 30 and Feb. 8, with an extension to Feb. 13 in open seats only.

Candidates who file declarations of intent must finalize their candidacies by filing nominating documents between Feb. 13 and March 9. If an incumbent judge retires prior to this period, or retires during the period and before another candidate has filed nominating documents, the election for that seat will be cancelled.

Judges, Lawyers Under Scrutiny

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 suspended 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 retired Los Angeles Superior Court Commissioner William Torres.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

The Senate voted 95-3 on Dec. 15 to confirm Alaska Supreme Court Justice Morgan Christen as the newest judge of the court. Christen was nominated May 18 to fill the seat left vacant when Judge Andrew Kleinfeld took senior status June 12 of last year.

The Senate Judiciary Committee held a hearing on Dec. 13 for Los Angeles attorney Paul J. Watford, who was nominated Oct. 17 for the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21. Watford was unanimously rated “well qualified” by the ABA.

The Senate Judiciary Committee favorably reported the nomination of U.S. District Judge Jacqueline Nguyen of the Central District of California on Dec. 1. The president nominated Nguyen on Sept. 22 to the open seat on the court. Nguyen was unanimously rated “qualified” by the ABA.

On Nov. 2, the president nominated Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, to succeed Judge Mary M. Schroeder, who is taking senior status tomorrow. Hurwitz received a unanimous rating of “well qualified” from the American Bar Association’s evaluating committee.

There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004.

The Senate Judiciary Committee on Nov. 3 favorably reported the nomination of Michael W. Fitzgerald, tapped by the president on July 20 to succeed Judge A. Howard Matz. Matz 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 vacancy will occur if and when Judge Jacqueline Nguyen is confirmed to the Ninth U.S. Circuit Court of Appeals.

There are no vacancies.

Second District

Justice Paul Coffee is retiring from Div. Six, but has not set an official date, a court spokesperson said.

Third District

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

Forth District

Justice Kathleen O’Leary was nominated Tuesday to succeed Presiding Justice David Sills, who retired June 1 and died Aug. 23. Her confirmation hearing is set for Feb. 10.

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.
Justice Wendy Duffy retired in October. .

Seats in other districts are filled.

Los Angeles Superior Court

The governor named six new judges to the court on Tuesday.

Kerry Bensinger, 51, a name partner at Bensinger Ritt Tai and Thvedt, succeeds Judge Dennis Aichroth, who retired Feb. 17. Michelle Williams Court, vice president and general counsel at Bet Tzedek, replaces Judge Conrad Aragon, who retired Feb. 18.

Former State Bar President Holly Fujie replaces Judge Jerry E. Johnson, who retired March 3, while sole practitioner Roberto Longoria fills the vacancy created when Judge Marlene Kristovich retired March 31. Superior Court Commissioner Michael Garcia replaces Judge John Kronstadt, who joined the U.S. District Court on April 25, while Assistant U.S. Attorney Michael J. Raphael fills the seat of Judge Charles Horan, who retired May 6.

Judge Andrew Kauffman retired May 15, Judge William Birney July 7, Judge John Shook July 15, and Judge Martha Bellinger July 31. Three judges retired in September—Judith Champagne Sept. 1, Michael Latin Sept. 5, and Maral Injejikian Sept. 6.

Judge Peter D. Lichtman retired at the end of October to join JAMS as a private judge. Judges Marjorie Steinberg and Burt Pines will retire tomorrow. Judge Jacqueline Connor will retire Feb. 21 and Judge Joan Comparet-Cassani will retire April 28.

Judges Judith VanderLans and Anita Dymant have indicated they do not plan to run for re-election next year, but have not announced retirement dates. If they do not retire before Feb. 13, the first day for the filing of nominating documents, their seats will be on the June primary ballot.

Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle, Brentford Ferreira and Debra Cole; Montebello attorney and school board member Edwin Chau; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Dennis Mulcahy and Kenneth Taylor; Los Angeles attorney Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

Commissioner Patrick Larkin is on medical leave.

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

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

Nine commissioners—Robert Axel, Stanley Genser, A. Michael Kautz, Armando Moreno, Richard Brand, Gary Bounds, Rita Baird, Barry Kohn and Marilyn Mackel—are completing their service today under terms of a voluntary separation program that will pay them six months salary, freeing up funds from the 2012-2013 budget.

Michael Garcia, a commissioner since 2007, was named a judge of the court Tuesday. Presiding Judge Lee Edmon said the court does not anticipate filling commissioner vacancies in the foreseeable future due to the budget situation.

Legislation of Interest to the Legal Community

The Legislature is in recess until Jan. 4.