Feb. 29,
2000 |
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A
report on where |
Retirements
of Sottile, Parkin, Luke Leave Superior Court With 18 Vacancies... Clinton
Nominates Nevada Judge Rawlinson for Ninth Circuit...Senate Majority Leader
Lott Says He'll Vote Against Paez
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Judges,
Lawyers Under Scrutiny
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Murphy, who has been away from the court on sick leave for much of the past 21 months, has been instructed to appear either personally or by counsel today at a status conference for a suit in which he is accused of fraud and conversion. The judge, who was a member of the Citrus Municipal Court before taking his oath earlier this month as a Superior Court judge under unification, faces an April 11 trial in the case. His previous counsel, Thomas Dovidio of Diamond Bar, was allowed to withdraw this month after Senior U.S. District Judge Wm. Matthew Byrne Jr. found on Feb. 10 that there was an undisclosed conflict between attorney and client on how to proceed with the case and that Dovidio hadn't been paid. Murphy apparently remains under investigation by the District Attorney's Office and the federal Justice Department regarding a complex series of financial transfers in which the judge may have been involved in 1996 and 1997, and which are the subject of the lawsuit. One of Murphy's co-defendants in the suit, Arnold Secord, testified before a federal grand jury in December. The suit was brought by Prudential Securities, Inc. and Smith Barney Inc. The securities firms claim that Murphy helped a close friend, Dr. George Taus, conceal from the doctor's ex-wife, Susan Taus, a portion of the funds to which she was entitled as a result of a marital settlement agreement. The firms are suing because a National Association of Securities Dealers arbitration panel held them responsible for paying the funds over to the doctor and required them to reimburse Susan Taus. In a related action, the trustee of George Taus' bankruptcy estate has sued Murphy and others for the return of nearly $1.9 million that the trustee claims was wrongfully taken from the estate. A possible settlement of the two suits fell apart, attorneys said, because Murphy said through his attorney that he would only settle if the United States Attorney's Office promised not to prosecute, and no such promise was made. The investigations and suits involve transfers which appear to have been initiated by Taus, a close friend of Murphy. The suits have been consolidated for discovery purposes, but no trial has been set in the trustee's suit. In another action, Murphy and Dovidio were ordered to pay more than $2,000 in sanctions as a result of Murphy's failure to comply with discovery requests in a suit brought against two lawyers. Murphy was also ordered to respond to discovery by March 9. Encino attorney and former Murphy friend Paul Ottosi obtained the order from Orange Superior Court Judge Robert Monarch, who is hearing the suit brought by Murphy against Ottosi and Newport Beach lawyer Paul Jacobs. In a complaint filed Sept. 30, Murphy claims that Ottosi—a co-defendant in the two federal cases—illegally recorded conversations between them and that Ottosi and Jacobs disseminated the contents. The dissemination of the recordings, Murphy alleges, was a substantial factor in the cardiac and stress-related health problems that have kept him off the bench. |
Judicial
Elections
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There is one Superior Court contest and there are eight municipal court contests on the March 7 ballot. Although the municipal courts of Los Angeles County ceased to exist when unification took effect Jan. 22, a state law governing the transition to a unified court requires that elections proceed as if the municipal courts still existed, where the candidate filing process began before unification. The nine races being contested on March 7 are: Los Angeles Superior Court Deputy District Attorney Katherine Mader, South Bay Municipal Court Commissioner Douglas Carnahan and Superior Court Referee Jeffrey Marckese are seeking the seat being vacated by Judge Richard Montes. All three candidates, who were rated "well qualified" by the County Bar, have hired professional consulting firms. Carnahan has retained Cerrell Associates, Inc., Mader has Fred Huebscher in her corner, and Marckese's effort is being directed by Parke Skelton. Alhambra Municipal Court Llewellyn P. Chin of Alhambra and Los Angeles sole practitioner Maria C. Vargas-Rodriguez are challenging Judge John Martinez. Martinez was rated "well qualified" and his opponents "qualified" by the County Bar. The incumbent's campaign is being run by the Cerrell firm, while Vargas-Rodriguez has hired consultant Victor Griego. Antelope Municipal Court Palmdale attorney William Clark and Acton lawyer Larry Layton are challenging Judge Pamela Rogers, while David Bianchi, a partner in a Lancaster firm, and Deputy District Attorney Christopher Estes are running for the seat of Judge William Seelicke, who is not seeking another term. Beverly Hills Municipal Court Commissioner Hugh Bobys, sole practitioner Mitchell Dawson, Deputy District Attorneys Richard A. Stone Jr., and West Los Angeles attorney John A. Khoury are seeking the seat being vacated by Judge Judith Hollinger, who was Judith Stein prior to her recent marriage. Dawson has retained political consultant Rick Taylor, Bobys is represented by Cerrell Associates, and Stone has hired Huebscher. Downey Municipal Court Downey sole practitioner Kirt Hopson is challenging Judge Jesse Rodriguez. Rodriguez has retained the Cerrell firm, and Hopson has hired Hollywood consultant Leo Briones. Inglewood Municipal Court Commissioner Deborah Christian and Deputy District Attorney Patricia Titus are running for the seat of Judge Kenneth Vassie, who will step down after more than 32 years on the court. Christian's campaign is being run by Basil Kimbrew. Los Angeles Municipal Court Six candidates are seeking the seat being vacated by Judge L.C. Nunley. They are South Bay Municipal Court Commissioner John Slawson, who has retained the Cerrell firm, Los Angeles Municipal Court Commissioner John Ladner, Deputy District Attorneys David Stuart and David Mintz, and Los Angeles attorneys Ronald Silverton—who has retained consultant Rick Howard—and Vicki M. Roberts. Also, Judge Richard Rico, who has hired Parke Skelton has his consultant, is being challenged by Glendale lawyer Bernita "Susan" Borges. |
Judiciary:
Vacancies, Appointments
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Judge Ronald Gould was sworn in Jan. 3, leaving six vacancies on the 28-judge court. Judge Melvin Brunetti took senior status Nov. 11. U.S. District Judge Johnnie Rawlinson of Nevada was be nominated last week as Brunetti's successor. Judge Betty B. Fletcher took senior status Nov. 1, 1998. Seattle attorney Richard C. Tallman was nominated Oct. 20 as her successor. Tallman—a former prosecutor who was a partner at Seattle's Bogle & Gates before co-founding a new firm earlier last year—was designated after Washington Chief Justice Barbara Durham withdrew, saying her husband was ill. Judge Cynthia Holcomb Hall took senior status Aug. 31, 1997. Honolulu attorney James E. Duffy Jr., 57, a former president of both the Hawaii State Bar Association and the Hawaii Trial Lawyers Association, was nominated on June 17 of last year to succeed her. Duffy, who would be the court's only active judge from Hawaii, is a Minnesota native who went to Hawaii after graduating from Wisconsin's Marquette University Law School. He has been in private practice there since 1971 and has been a partner in the firm now known as Fujiyama, Duffy, and Fujiyama since 1974. Judge John T. Noonan took senior status Jan. 1, 1997 and San Francisco attorney Marsha L. Berzon was nominated for the seat on Jan. 27 of last year. Action on the nomination was delayed as conservative senators submitted multiple sets of written questions concerning cases she has handled on behalf of the American Civil Liberties Union. President Clinton resubmitted the nomination on Jan. 26 of last year. Berzon, 53, won a 10-8 vote of approval from the Senate Judiciary Committee on July 1. Republicans Orrin Hatch of Utah and Arlen Specter of Pennsylvania joined with eight Democrats in supporting the nomination, while eight Republicans voted no. Some senators say they oppose her nomination because she her views are consistent with those of what they say is an overly liberal majority on the court. Senate Majority Leader Trent Lott, R-Miss., announced Nov. 10 that the nomination will be voted on by the full Senate no later than March 15. A partner in Berzon, Nussbaum, Berzon & Rubin, Berzon is associate general counsel for the AFL-CIO and has argued four cases before the U.S. Supreme Court, where she clerked for Justice William Brennan. Judge Cecil F. Poole took senior status Jan. 15, 1996 and died Dec. 12, 1997. U.S. District Judge Richard A. Paez of the Central District of California was nominated for the seat on Jan. 26, 1996 and has since been cleared twice by the Judiciary Committee. He has yet to receive a floor vote, but one has been promised by March 15. Paez, 52, won his second vote of approval from the committee on July 30 of last year by a vote of 10-8, with Republicans Hatch and Specter joining all eight Democrats in support. Paez, a former presiding judge of the Los Angeles Municipal Court, has drawn opposition from conservatives, in part for his negative comments concerning Proposition 209, which repealed affirmative action programs in California. Senate Majority Leader Trent Lott said last week he would vote against the nomination, which needs five Republican votes to be approved if all Democrats vote in favor as expected. Judge Charles E. Wiggins took senior status Dec. 31, 1996. San Francisco attorney Barry P. Goode, 50, was nominated for the seat on June 24, 1998 and again on Jan. 26 of last year, but has yet to clear the Judiciary Committee. Goode is a litigator at McCutchen, Doyle, Brown & Enersen and an adjunct professor of environmental law at the University of San Francisco. |
U.S. District Court There are three vacancies, the most recent of which was created Oct. 29 when Judge William Keller took senior status. Los Angeles attorney Dolly Gee and Santa Monica lawyer Fredric Woocher were nominated May 27 of last year to fill the seats left vacant by the retirement of Judge John Davies and the elevation of Judge Kim Wardlaw, both of which occurred in July 1998. Woocher had a confirmation hearing Nov. 10, but the Senate adjourned without a committee vote on the nomination. |
There
are no vacancies.
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Courts of Appeal This District (Second District) Justice John Zebrowski retired from Div. Two Nov. 3. The governor has sent the names of Los Angeles Superior Court Judges Paul Boland, Kathryn Doi Todd, and Robert Mallano to the Commission on Judicial Nominees Evaluation as potential appointees. Funding for additional positions will be available this year as a result of the passage of the state budget last June, but the Legislature didn't act during last year's session to create the positions. Legislation to be considered this year would add one member to each division, although there is support for an amendment that would add two divisions instead. Sen. Kevin Murray, D-Los Angeles, is carrying the legislation. He said in December that a bill will pass if Senate President Pro Tem John Burton and Gov. Gray Davis can reach agreement. It would take a two-thirds vote of both houses, however, for any legislation to take effect prior to Jan. 1, 2001. Fourth District Justice Edward Wallin retired from Div. Three Feb. 16 to become a private judge. Fifth District Justice William
Stone retired at the end of September. |
The newly unified court has 18 vacancies. When unification took effect Jan. 22, the Superior Court had 10 vacancies. Six of those were due to the retirements of Judges Enrique Romero March 7, Sherman Smith April 4, Robert H. O'Brien Aug. 16, Jaime Corral Sept. 6, Edward Ross Sept. 9, and Stephen Lachs Oct. 3. The other vacancies resulted from the death of Judge Richard McLain Jan. 2, the appointment of Judge Gary Feess to the federal bench effective Aug. 18, the elevation of Judge Candace Cooper to the Court of Appeal Nov. 8, and Judge Florence-Marie Cooper's assuming her U.S. District Court judgeship Nov. 29. In addition, the Long Beach Municipal Court had a vacancy resulting from Judge G. William Dunn's May 1 retirement, and the Los Angeles Municipal Court had three vacancies resulting from the July 6 retirement of Judge Ronald Schoenberg and the election two years ago of Judges John Harris and Alban Niles to the Superior Court. Since unification occurred, four judges have retired—Isabel Cohen Jan. 31, Robert Parkin and Bruce Sottile Feb. 6, and Sherril Luke Feb. 19. Also, Judge Robert Altman is due to retire March 13 after 20 years of service, and Judge Marvin Rowen is expected to retire in April. Judge Allan Goodman, formerly of the Culver Municipal Court, has been assigned to Div. Two of this district's Court of Appeal, and Judge William Weisman, formerly of the Los Angeles Municipal Court, to Div. Five, through March. |
Bills
Affecting the Legal Community
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The following legislation related to the legal profession was acted upon in February —SB 1420, by Senate President Pro Tem John Burton, D-San Francisco, a "spot bill" that may be used as a vehicle to enact changes to the State Bar's attorney-discipline system. The bill was introduced Feb. 2. —SB 1782, by Sen. Bill Morrow, R-Oceanside, would allow out-of-state attorneys with at least three years of experience to practice in California without first passing a State Bar exam. Introduced Feb. 23. —SB 1793, by Sen. Deborah Ortiz, D-Sacramento, would allocate $250,000 from the state General Fund to create a legal services referral hotline for low-income seniors. Introduced Feb. 23. —SB 1823, by the Senate Committee on Elections and Reapportionment, would repeal the requirement that superior court judges be residents of the county of the court to which they were elected or appointed. The bill also would delete the requirement that a candidate for judicial office file a duplicate copy of his or her declaration of intention to run. Introduced Feb. 24. —SB 1859, by Sen. Wes Chesbro, D-Napa, would delete the requirement that any law enforcement agency with knowledge of a crime against a judge or other public official report the information to the state Department of Justice. The law would continue to require that such information be reported immediately to the California Highway Patrol. Introduced Feb. 24. —SB 1864, by Sen. Richard Mountjoy, R-Arcadia, would exempt self-employed Californians from jury duty on the basis of undue hardship. Introduced Feb. 24. —SB 1927, by Sen. Raymond Haynes, R-Riverside, would exempt a legal document assistant from having to register with the county clerk if he or she limited his or her practice solely to assisting parties in small claims court actions. Introduced Feb. 24. —SB 2032, by Sen. Liz Figueroa, D-Fremont, would repeal the expiration date for the Court Reporters Board of California, thereby extending its authority indefinitely. Introduced Feb. 25. —SB 2056, by Morrow, would restrict the awarding of punitive damages in breach-of-contract cases where punitive damages already have been awarded in another state or federal court for the same conduct. Introduced Feb. 25. —SB 2090, by Sen. Kevin Murray, D-Los Angeles, would increase state oversight of educational programs for court reporters. Introduced Feb. 25. —SB 2124, by Figueroa, would prohibit a mediator in a child-custody case from submitting any recommendation to the court as to custody or visitation if the parties do not reach an agreement during the mediation proceedings. Introduced Feb. 25. —SB 2140, by Burton, will be used as the vehicle for implementing recommendations of the Task Force on Trial Court Employees. Introduced Feb. 25. —AB 2353, by Assemblyman Mike Honda, D-San Jose, would create the Office of California Tribal Justice Support within the judicial branch of state government. Introduced Feb. 24. —AB 2358, by Assemblywoman Sally Havice, D-Artesia, would require that the Office of Criminal Justice Planning use 25 percent of its 2000-01 budget for local assistance be used for juvenile crime prevention, school safety programs and anti-gang initiatives. Introduced Feb. 24. |
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