End of the Month

Judicial Election Candidate Fields Begin to Take Shape...Ross Seeks to Overturn CJP's Removal Order...Judge Ruffo Espinosa Admonished by Commission on Judicial Performance

Judicial Elections

Filing of nomination documents for the June 6 primary began Feb. 13 and ends March 10, although there will be a five-day extension for any seat as to which the incumbent does not file. With more than 130 incumbents running for re-election, and none being challenged so far, the following non-incumbents have indicated they are or may be running:

• Encino attorney Stephen M. Feldman, who has qualified as a candidate to succeed Judge Michael E. Knight, who retired last week, and North Hills attorney Richard A. Nixon, Pasadena attorney David Crawford III, and Workers' Compensation Judge John Gutierrez, who have taken out papers to run for Knight's seat;

• Woodland Hills attorney Stephen Beecher, who has qualified for the seat being vacated by Judge Paula Mabrey, who is retiring in April, and Deputy District Attorney David W. Stuart, who has taken out papers to run for that seat;

• Deputy District Attorney Judy Levey Meyer, who has taken out papers for the seat of Judge Stephen Petersen, who said he will retire in the spring;

• Los Angeles Superior Court Commissioner Alan Friedenthal, who is seeking the seat of Judge Charles Rubin, who indicated that he does not intend to run for another term;

• Santa Monica attorney George C. Montgomery and Deputy District Attorney Hayden Zacky, who have taken out papers for the seat of Judge Marion Johnson, who is on sick leave and is reportedly not planning to run;

• Los Angeles Deputy City Attorney Daniel Lowenthal, who has taken out papers for the seat of Judge Barbara Lee Burke, who has applied for disability retirement;

• Los Angeles attorney/author Robert Davenport, who said he is weighing his options after taking out papers for the seat formerly held by Judge Richard G. Kolostian, a seat that was removed from the ballot after Kolostian retired and was replaced by Judge Stephen Pfahler, who does not have to run until 2008; and

• Los Angeles Superior Court Commissioner Bobbi Tillmon, who has not taken out candidacy papers, but is raising money and is expected to run for an open seat.

Two judges-in addition to Knight, Mabrey, Rubin, Johnson, Petersen, Burke and two judges who are retiring and whose replacements have already been named, making elections for those seats uncertain-have not taken out papers to run. Judge Morris Jones said he has not decided whether to run, and Judge Larry Knupp is reportedly not planning on running.

Judges, Lawyers Under Scrutiny

Kevin A. Ross
Los Angeles Superior Court Judge

Ross, a judge since 1999, resigned Jan.12, but petitioned the state Supreme Court Feb. 14 to overturn the Commission on Judicial Performance's November order that he be removed from office. If the decision is overturned, it would secure Ross' right to practice law and make him eligible to seek judicial office again in the future.

In the petition filed by San Francisco attorney James A. Murphy, Ross challenged findings that he engaged in willful misconduct by participating in a pilot for a proposed television series called "Mobile Court" in which the judge arbitrated disputes at the places where they arose, including a strip club; and that the engaged in improper conduct by making prejudicial comments about a Northern California sex offender case during an appearance on public television.

The petition also questions the commission's unanimous conclusion that the judge was less than candid in his dealings with the commission.

Ruffo Espinosa Jr.
Los Angeles Superior Court Judge

The Commission on Judicial Performance publicly admonished Judge Espinosa Feb. 9, saying his treatment of a deputy public defender whom he held in contempt of court was uncalled for and that the rights of the defendant were violated as well.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are four vacancies on the court.

On Feb. 14, President Bush nominated Los Angeles attorney Milan D. Smith, a former member of the state Fair Employment and Housing Commission, to the court. If confirmed, he would succeed Judge A. Wallace Tashima, who took senior status June 30, 2004.

On Feb. 8, the president nominated Sandra S. Ikuta, California Resources Agency deputy director and general counsel, to succeed Judge James Browning. Browning took senior status Sept. 1, 2000.

On Dec. 16, President Bush nominated N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party, to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Judge Thomas G. Nelson took senior status Nov. 14, 2003. The nomination of William G. Myers III to succeed Nelson was sent to the floor by the Senate Judiciary Committee in 2004 on a party-line vote of 10-8.

President Bush resubmitted Myers' nomination on Feb. 14 of last year.

Republican senators tried and failed in July of last year to force a floor vote on the nomination of Myers. 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, who was first nominated on May 15, 2003, is a former solicitor of the Department of the Interior and now practices law in Boise, Idaho. He has drawn opposition from native American activists and environmental groups.

His supporters say he holds mainstream, balanced views on environmental and other issues.

Costa Mesa attorney Andrew Guilford, a former president of the State Bar, was nominated Jan. 25 to succeed Judge Dickran M. Tevrizian, who took senior status on Aug. 5 of last year.

U.S. Magistrate Judge Stephen G. Larson was nominated Dec. 15 to succeed Judge Robert J. Timlin, who took senior status Feb. 1 of last year.

Also taking senior status last year were Judge Terry J. Hatter Jr. on April 22 and Judge Consuelo Marshall on Oct. 24.

Judge Gary Taylor took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30 of last year.

Judge Ronald S.W. Lew will take senior status September 19.0

There are no vacancies.

First District

James Richman, formerly an Alameda Superior Court judge, was confirmed and sworn in Feb. 23 to succeed Justice Ignacio Ruvolo in Div. Two. Ruvolo was confirmed and sworn in Jan. 6 to succeed Presiding Justice Laurence Kay of Div. Four, who retired Aug. 31.

Justice Laurence T. Stevens of Div. Five will retire today.

Second District

Justice J. Gary Hastings of Div. Four retired Feb. 19.

Fourth District

Justice James D. Ward of Div. Two retired Oct. 31.

Fifth District

Justice Timothy Buckley retired Sept. 26.

Seats in other districts are filled.

Los Angeles Superior Court

Suzette Glover, formerly an assistant U.S. attorney, was sworn in yesterday to succeed Judge Kevin Ross, who resigned Jan. 12.

Hector Guzman, who was a deputy district attorney, was sworn in Feb. 10. Guzman took the seat of Judge David Workman, who retired Feb. 7.

Three other judges retired this month-Judge Howard Schwab Feb. 14, Judge Richard Kolostian Feb. 20 and Judge Michael Knight Feb. 21.

Judge Ruth Essegian is to retire Friday. Judges Thomas Peterson and Michael Farrell are to retire March 6 and Judge Richard Denner March 31. Denner will be a private judge with Alternative Resolution Centers.

The governor has already named replacements for Essegian and Peterson. They are Woodland Hills attorney Thomas Trent Lewis and Principal Deputy County Counsel Victor Wright.

Judge Charles Lee is on sabbatical in China. He is due to return to the court March 13.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Deputy City Attorney Edward J. Perez, Deputy District Attorneys Laura Louise Laesecke and Richard M. Goul, Commissioners Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, and Loren DiFrank, Referee Steven Berman, U.S. District Court attorney Amy L. Lew, Irvine attorney Raymond Earl Brown, and Century City attorney Howard S. Fredman.

Commissioner David L. Ziskrout retired Dec. 31. Deputy District Attorney Cynthia Zuzga was sworn in Feb. 17 as his successor.

Commissioner Mark Weiss retired Feb. 22.

Commissioner H. Ronald Hauptmann, who sat last month for the last time, will officially retire March 21.

Legislation of Interest to the Legal Community

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

•AB 928, by Assemblyman Jerome Horton, D-Inglewood, which, as amended, would, provide that until January 1, 2010, prevailing party attorney fees in collection actions shall be 20 percent of the principal obligation owing under the contract or the amount set forth in the local court fee schedule, whichever is higher, when the debtor is a business entity and other specified conditions are met. The bill passed the Assembly Jan. 26 by a vote of 77-1 and was referred to the Senate Judiciary Committee Feb. 2.

•AB 1129, by Assemblyman Dennis Mountjoy, R-Monrovia, which, as amended, would give judicial candidates, for this year's election only, an additional five days to file their candidate statements for inclusion with the sample ballot. The bill passed the Assembly 75-0 Jan. 31 and was signed by the governor Feb. 7. The bill took effect immediately as an urgency measure.