End of the Month

Thirty-Six Candidates on March 2 Ballot for Nine Judicial Seats...Judge John D. Harris Charged With Misconduct by Commission on Judicial Performance...Results of Runoff
Vote For Commissioner Expected to Be Made Public Today...State Bar Dues Bill Introduced

Judicial Elections

There will be nine judicial contests on the March 2 primary ballot:

Office No. 18-Deputy District Attorneys Pat Campbell and Daniel Feldstern, Deputy City Attorney Miguel A. Dager, and Superior Court Referee Mildred Escobedo are running for the seat being vacated by Judge Marcus Tucker. Campbell's campaign has retained consultant Fred Huebscher; Feldstern's consultant is Renee Nahum.

Office No. 29-Deputy Attorney General Gus Gomez; Deputy District Attorneys Jeffrey Gootman, Edward Nison, and Lori Jones; Acton attorney Larry H. Layton, who operates an unaccredited law school; and Deputy Public Defender C. Edward Mack are seeking the seat being vacated by Judge Richard Hubbell. Gomez has retained Parke Skelton as his campaign consultant, while Jones' campaign is being run by Huebscher.

Office No. 52-Deputy District Attorneys Larry Diamond and Laura Priver and Workers' Compensation Judge John Gutierrez are running to succeed Judge Nancy Brown, who retired Jan. 31.. Huebscher is Priver's consultant.

Office No. 53-Deputy District Attorneys David Lopez, Craig Mitchell and Craig Renetzky; Deputy Attorney General Robert Henry; Torrance attorney Michael Shook, and Superior Court Referee D. Zeke Zeidler are running for the seat being vacated by Judge Rosemary Shumsky. Henry has retained Huebscher as his consultant, while Zeidler is being represented by Cerrell Associates Inc. and Mitchell by Victor Griego.

Office No. 67-Century City attorney Daniel K. Dik is challenging Judge Richard Van Dusen.

Office No. 69-Department of Industrial Relations attorney P. Michael Erwin, Superior Court Commissioner Donna Groman, Deputy District Attorneys Judith L. Meyer and Carol Najera, and Sherman Oaks attorney Mitchelll W. Roth are running to succeed Judge James Wright. Meyer's consultant is Cerrell Associates; Groman has retained Evelyn Jerome.

Office No. 72-Judge David Wesley is being challenged by Deputy District Attorney Daniel Bershin, retired Deputy District Attorney Herb Lapin, and Los Angeles Police Dept. Sgt. Kevin Burke, a former Orange County prosecutor. Wesley's consultant is Cerrell Associates.

Office No. 95-Judge Daniel T. Oki has drawn three challengers: Deputy District Attorneys Mark Debbaudt and Hilary Anne Rhonan and Encino attorney Eugene Salute. Oki has retained Huebscher to serve as campaign consultant.

Office No. 111-Judge Chesley McKay is being challenged by Stella Owens-Murrell, an attorney with the Department of Industrial Relations.

Judges, Lawyers Under Scrutiny

John D. Harris
Los Angeles Superior Court judge

The Commission on Judicial Performance this month charged Los Angeles Superior Court Judge John D. Harris with judicial misconduct, saying he sought to establish personal relationships with sexual assault victims, made inappropriately personal comments to jurors, attorneys, and court staff, threw a file at a deputy city attorney, and lied during an investigation into his conduct.

The CJP's notice of charges also revealed that Harris was transferred to South Gate last April, where he now hears limited jurisdiction matters, after Superior Court officials advised him of complaints about his behavior.

The CJP alleges that after two felony sexual assault trials in 2000, Harris met in chambers with the victims and sought to initiate personal relationships. One of the victims was only 16 years old, the notice of charges points out, and the Court of Appeal cited the meeting in ordering the defendant resentenced by a different judge.

Patrick B. Murphy
Former Superior Court judge

State Bar Court Judge Robert Talcott has recommended that Murphy, who resigned from the bench while on the verge of removal in 2001, be disbarred. Murphy did not petition for review of the recommendation by the December deadline.

Talcott recommended in November that Murphy's right to practice law be lifted due to the ex-jurist's "egregious" misconduct in collecting a judicial paycheck for 120 weeks while on sick leave between 1996 and 2001.

Murphy had asked to enter the State Bar Court's diversion program for lawyers with mental health or substance abuse problems but failed to appear at a hearing to determine his eligibility for that program or for trial on the disciplinary charges. His default was entered and as a result he was placed on involuntary inactive status Aug. 9.

He was also suspended Sept. 16 for failure to pay his bar dues.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are two vacancies on the 28-judge court.
The National Wildlife Federation this week became the latest of several environmental groups to come out against the nomination of William G. Myers III of Idaho to succeed Judge Thomas G. Nelson, who took senior status this past Nov. 14. Meyers, who was nominated on May 15 of last year and had a confirmation hearing in January, resigned Oct. 10 as solicitor of the Department of the Interior.

A majority of the ABA committee found Myers qualified, with at least six members voting him not qualified.

His opponents claim that he holds extreme pro-business views, and that he slanted his legal opinions while in the solicitor's office to favor interests for which he did legal and lobbying work while in private practice.

He is supported by Idaho's Republican congressional delegation and by many prominent figures in the state, including Cecil Andrus, a Democrat who is a former governor and served as secretary of the interior under President Carter.

Republican senators tried in November to move the nomination of Los Angeles Superior Court Judge Carolyn Kuhl for the other vacancy, but a cloture vote failed by 53-43, seven shy of the necessary 60-vote majority.

The Judiciary Committee on May 8 of last year approved Kuhl, who was rated well-qualified by at least two-thirds of the ABA Standing Committee on the Federal Judiciary, on a party-line vote of 10-9. Kuhl was tapped by Bush in 2001 to succeed Judge James Browning, who took senior status Sept. 1, 2000.

Former Los Angeles Superior Court Judge George Schiavelli was nominated Jan. 20 to succeed Judge Lourdes G. Baird, who is to take senior status May 12.

Judge Robert J. Timlin is to take senior status Feb. 1, 2005.

There are no vacancies, but one would be created if the Senate confirms Justice Janice Rogers Brown to the U.S. Court of Appeals for the District of Columbia Circuit, to which she was nominated July 25. Brown cleared the Judiciary Committee on a party-line vote of 10-9, but an attempt to invoke cloture and force an up-or-down vote on her nomination failed on Nov. 14 by a vote of 53-43, seven short of the required three-fifths majority.

A majority of the American Bar Association's evaluating committee rated Brown "qualified" for the position, with at least six of the 15 members voting her "not qualified."

Second District

Presiding Justice Charles Vogel of Div. Four retired Jan. 31.

Third District

Justice Daniel Kolkey resigned Nov. 17 to return to private practice.

Sixth District

Justice William Wunderlich is currently undergoing an FBI background check as a prerequisite for appointment to the U.S. magistrate judge position in Yosemite National Park. It is anticipated that he will take up those duties in April or May.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Alan Haber retired Feb. 9, creating a third vacancy. Judge Nancy Brown retired Jan. 31, while Judge Dale Fischer joined the U.S. District Court for the Central District of California on Nov. 17.

Judge Margaret Hay is retiring March 31, and Judges John Ouderkirk and Lawrence Crispo on April 5.

H. Elizabeth Harris was elected a commissioner in balloting that ended last month. Results of a runoff election between attorney Maren Nelson and retired Commissioner John Murphy for a second position are expected to be made public today.

Voting for those two positions was necessitated by the Dec. 2 retirement of Commissioner Lonzo Lucas and the Dec. 12 resignation of Richard Novak, who is now in private practice.

Legislation of Interest to the Legal Community

The following legislation of interest to the legal community was introduced in February:

•AB 2202, by Assemblyman Robert Pacheco, R-City of Industry, which would create an exception to the 75-day time limit for serving a notice of motion for summary judgment. The bill was introduced Feb. 18.

•AB 2211, by Assemblyman George Plescia, R-San Diego, which would extend the time period for filing opposition to a motion for summary judgment. The bill was introduced Feb. 18.

•AB 2369, by Assemblyman Lou Correa, D-Santa Ana, which would require plaintiffs in suits alleging unfair competition to notify regulatory and law enforcement agencies when filing suit, and would allow lawyers to be disqualified for conflict of interest. The bill was introduced Feb. 19.

•AB 2371, by Assemblywoman Patricia Bates, R-Laguna Niguel, which would create the Legal Consumers' Protection Act to require contingency fee lawyers to provide several disclosures to clients. The bill was introduced Feb. 19.

•AB 2391, by Assemblyman Paul Koretz, D-West Hollywood, which would prohibit the state from contracting with private lawyers for legal services if the hourly rate exceeds 200 percent of the rate billed by state attorneys in State Bargaining Unit 2. The bill was introduced Feb. 19.

•SB 1403, by Sen. Joseph Dunn, D-Garden Grove, which would create a process to allow parties to seek relief for filing deadlines missed due to error by the clerk of the court. The bill was introduced Feb. 18.

•SB 1440, by Senate President Pro Tem John Burton, D-San Francisco, which would establish procedures for keeping information about marital assets confidential in dissolution proceedings. The bill was introduced Feb. 19.

•SB 1490, by the Senate Judiciary Committee, which would authorize the State Bar to continue collecting its current fees through Jan. 1, 2006. The bill was introduced Feb. 19.

•SB 1655, by Sen. Sheila Kuehl, D-Los Angeles, which would provide that all opinions of the Supreme Court, the courts of appeal and the appellate divisions of the superior courts may be cited as precedents. The bill was introduced Feb. 20.

•SB 1673, by Sen. Gloria Romero, D-Los Angeles, which would make several changes to the method used to select grand juries. The bill was introduced Feb. 20.

•SB 1801, by Sen. Debra Bowen, D-Redondo Beach, which would prohibit the courts from charging special fees for use of credit cards to pay for any service or obligation. The bill was introduced Feb. 20.

•SB 1811, by Sen. Bruce McPherson, R-Santa Cruz, which would establish caps on attorney fees for clients who are senior citizens. The bill was introduced Feb. 20.