Feb.
29,
2008

A report on where
things
stand


Deadline for Judicial Nominations Looms Next Friday...Sentencing Postponed for Lawyers Involved in Immigration Scam...Funding for New Los Angeles Superior Court Judgeship Postponed Until Next Year


Judicial Elections

There are potentially 11 judicial contests on the June 3 primary ballot. Candidates who filed declarations of intention to run have until next Friday to finalize those candidacies by returning nomination documents. The three candidates who have filed declarations for more than one seat must commit to a specific race at the time nomination documents are returned.

• Office No. 4-Los Angeles Superior Court Judge Ralph W. Dau and Redondo Beach attorney Sydnee Singer are running for Dau's seat, although the challenger had not taken out nomination documents as of close of business Wednesday. Dau has retained Fred Huebscher as his campaign consultant.

• Office No. 69-Deputy District Attorney Serena Murillo and Superior Court Commissioner Harvey Silberman have filed declarations of intention for the seat now held by Judge Tracy Grant. Murillo has retained Cerrell Associates Inc. as her consulting firm; Silberman's consultants are Evelyn Jerome Alexander and Randy Steinberg of SJA Strategies.

• Office No. 72-Deputy District Attorneys Marc Chomel and Hilleri Grossman Merritt and Tarzana attorney Steven Simons are seeking the seat now held by Judge Francis A. Gately Jr. Merritt has retained the Cerrell firm.

• Office No. 82- Deputy District Attorneys Thomas Rubinson and Mark Lee, and Superior Court Referee Cynthia Loo, are running for the seat now held by Judge Wendell Mortimer Jr., who is retiring April 30. Rubinson has retained the Cerrell firm.

• Office No. 84-Deputy District Attorney Pat Connolly, Deputy Attorneys General Paul "Pablo" Bruguera and Robert Henry; Workers' Compensation Judge John Gutierrez and Superior Court Commissioner Lori-Ann Jones have filed declarations of intention to run for the seat now held by Judge Gibson W. Lee. Jones has retained SJA Strategies.

• Office No. 94-Deputy District Attorneys Eduard Abele and Michael O'Gara, Deputy Public Defender C. Edward Mack and Silberman have filed for the seat now held by Judge Michael Duggan. Abele has retained David Gould as his campaign strategist and treasurer.

• Office No. 95-Superior Court Commissioner Patricia Nieto and state Deputy Attorney General Lance Winters are running for the seat previously held by Judge Alan Kalkin, who retired Feb. 19. Carlos Leon is Nieto's consultant.

• Office No. 119-Deputy District Attorney Jared D. Moses, Los Angeles attorney Robert Davenport and Los Angeles attorney/realtor Douglas Weitzman are seeking the seat now held by Judge Dzintra Janavs, who is retiring March 20. Redondo Beach attorney Pattricia Vienna also filed a declaration of intention, but told the MetNews she does not plan to file nomination documents. Moses has retained the Cerrell firm.

• Office No. 123-Deputy District Attorney B. Kathleen Blanchard, Los Angeles Deputy City Attorney Alan Nadir, and North Hills attorney Richard A. Nixon are running for the seat now held by Judge Michael Luros, who plans to retire in mid-March.

• Office No. 125-Superior Court Commissioner James Bianco and Los Angeles attorney Bill Johnson are running for the seat now held by Judge Daniel S. Pratt, who is retiring Sunday. Bianco's consultant is Parke Skelton.

• Office No. 154-Superior Court Commissioner Rocky Crabb, Bruguera, Henry and Deputy District Attorney Michael V. Jesic have filed declarations of intention to run for the seat now held by Judge Jack P. Hunt, who is retiring July 31. Crabb's consultant is Huebscher.


Judges, Lawyers Under Scrutiny

Richard I. Fine
Beverly Hills Attorney

Fine, an attorney since 1973, moved Jan. 15 to disqualify State Bar Court Hearing Judge Richard Honn, who placed him on involuntary inactive status and recommended he be disbarred.

Fine claims Honn has a conflict of interest because he serves on the Board of Governors of Southern California Special Olympics, and another member of that board works for the Los Angeles County Office of Education. Because that office is part of county government, and the county is a party to litigation in which Fine is accused of having violated ethics rules, Honn should have disclosed his membership on the board before hearing Fine's case.

Honn recommended in November that Fine lose his license as a consequence of what the judge said was a concerted campaign of harassing litigation targeting judicial officers who had ruled against him, in particular Los Angeles Superior Court Commissioner Bruce Mitchell.

In a statement, Fine said the high court was guilty of "a refusal to... uphold the integrity of the judicial system." He has charged that Los Angeles County judicial officers have an inherent conflict in hearing cases to which the county is a party because the county pays them benefits that supplement their state salaries.

He has also told the MetNews he believes he is being targeted because he and former State Bar President Sheldon Sloan have been on opposite sides of litigation concerning leases in Marina del Rey, and because Los Angeles City Controller Laura Chick, a public member of the State Bar Board of Governors, has received contributions from lobbyists for the developers of Playa Vista, who are involved in litigation with citizen's groups represented by Fine.

Mervyn H. Wolf
Encino Attorney

A March 18 hearing has been scheduled on pretrial motions by Wolf, a lawyer for 40 years who is facing five felony embezzlement counts.

He was held to answer following a preliminary hearing in September.

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.

Daniel E. Korenberg, Steven James Rodriguez, and Philip Abramowitz
Immigration Lawyers

Abramowitz, 53, who was a partner at the large immigration law firm formerly known as Korenberg, Abramowitz & Feldun, pled guilty last year to conspiracy and visa fraud. His sentencing, previously scheduled for Jan. 7, was continued to March 3.

He tendered his resignation from the State Bar Sept. 28 rather than contest disciplinary charges.

Korenberg, who was a founder of the firm, and Rodriguez, who was a senior associate, were to be sentenced Feb. 11 after pleading guilty to charges arising from a federal investigation into charges related to the filing of fraudulent employment visa applications on behalf of foreign nationals, including at least 14 of the law firm's own workers. Those sentencings have been continued to March 10.

Korenberg, 58, pled guilty Oct. 4 to two counts of visa fraud and one count of conspiracy to commit visa fraud. Rodriguez, 40, pled guilty Oct. 5 to one count of making false statements to federal agents. Both have been placed on interim suspension by the State Bar.

The firm, which is now known as ASK Law Group, is based in Sherman Oaks, with offices in Los Angeles, San Francisco, San Diego and Las Vegas.

The government alleges that the attorneys, along with a paralegal, hired undocumented workers for various jobs at the firm, then filed fraudulent employment-based visa petitions for temporary work authorization or permanent residency in the United States and paid them "off the books" in cash until the visas were approved.

 

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.

 

There is one vacancy on the court.

Orange Superior Court Judge James E. Rogan a former congressman and Commerce Department official, was nominated Nov. 15, 2006, and renominated in January of last year, to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal.

Rogan has been unable to secure a confirmation hearing because Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has a "blue slip" policy under which a hearing will be held only if both of the nominee's home state senators approve. Sen. Barbara Boxer, who has previously supported all candidates recommended by a bipartisan advisory committee, opposes Rogan's nomination, in part because of his role as one of the prosecutors at the impeachment trial of President Bill Clinton.


There are no vacancies.

First District

Justice Joanne C. Parrilli retired July 31. Gov. Arnold Schwarzenegger's nominee for her seat on Div. Three, U.S. District Judge Martin Jenkins, faces an April 4 confirmation hearing.

Justice Linda Gemello of Div. Five retired Jan. 4.

Second District

Presiding Justice Vaino Spencer of Div. One retired Sept. 1 after 27 years on the court and a total of 46 years on the bench; Justice Robert Mallano is serving as acting presiding justice. Justice Paul Boland of Div. Eight died Sept. 5 after more than 25 years of judicial service. Justice Earl Johnson Jr. retired from Div. Seven Oct. 17 after nearly 25 years on the court.
Los Angeles Superior Court


Gov. Arnold Schwarzenegger named four new judges on Jan. 25-Deputy District Attorneys Kathleen O. Diesman and Rogelio G. Delgado, Deputy Public Defender Mark E. Windham, and† entertainment lawyer Louis M. Meisinger.

Delgado will take up his first permanent assignment March 26 in El Monte. Diesman is going to West Covina April 14.

Windham succeeds Los Angeles Superior Court Judge Andria K. Richey, who retired at the end of September; Delgado replaces Judge Haley Fromholz, who retired Nov. 29; Diesman is the successor to Judge Charles Peven, who retired Dec. 15 and Meisinger takes the seat from which Judge Bradford Andrews retired Jan. 7.

Judge Alan Kalkin retired Feb. 19 and Judge Barry Taylor Feb. 20, leaving two vacancies on the court. Judge Daniel S. Pratt retires March 2, Judge Dzintra Janavs March 20, Judge Wendell Mortimer Jr. April 30, Judge S. Patricia Spear June 3, Judge Jack Hunt July 31. A newly created position on the court was to have been funded as of June 1, but legislation signed this month postponed the effective date to June 1 of next year.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are 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 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 Thomas Rubinson, Shellie Samuels, Jeffrey Gootman, Karla Kerlin, Ricardo Ocampo, and Laura Laesecke; Commissioners Rocky L. Crabb, Michael Convey, Tamila Ipema, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Ronald Rose, Marilyn Kading Martinez, Mary Lou Katz Byrne, and Loren DiFrank; Referee Steven Berman; 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 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 and Westlake Village attorney Michael Nebenzahl.

Commissioner Richard Curtis' last day on the bench was Feb. 14 and he will officially retire March 31.

Commissioners Martin L. Goestch and Gerald Richardson are on long-term medical leave.

Legislation of Interest to the Legal Community

The following bills of interest to the legal community were introduced in February:

•AB 160, by Assemblywoman Sally Lieber, D-Mountain View, which would create a Sentencing Commission that would adopt sentencing guidelines, which would automatically take effect unless rejected by the Legislature. The bill, which passed the Assembly in June of last year by a vote of 43-36, and was granted reconsideration after failing in the Senate in September 9-25, was sent to the Senate inactive file Feb. 13.

•AB 171, by Assemblyman Jim Beall, D-San Jose, which, as amended, would add wards and conservatees to the categories of persons protected by domestic violence laws. Prior to its amendment in the Senate Feb. 4, the bill would have created an expanded Assumption Program for Loans for Law in the Public Interest to replace the Public Interest Attorney Loan Repayment Program, under which the state makes 3,000 grants each year to assist lawyers with repayment of their student loans. The current program is limited to attorneys who work for a prosecutor's office, child support agency, or public defender's office; the expanded program would add those working for a legal services agency or a county counsel's office.

•AB 985, by Assemblywoman Lori Saldana, D-San Diego, which would grant the Court of Appeal jurisdiction to hear certain writ matters in environmental cases and establish venue for such matters. The bill, which failed in the Assembly June 4 of last year by a vote of 30-36, died on the inactive file Feb. 4.

•AB 1491, by Assemblyman Dave Jones, D-Sacramento, would allow counties that did not transfer their court facilities to the state by last year's deadline until Dec. 31, 2009 to do so. The bill, which passed the Assembly last year, was amended in the Senate Feb. 21 and passed the Judiciary Committee in its amended form Feb. 26 by a vote of 4-0, and was re-referred to the Appropriations Committee.

•AB 1828, by Assemblyman Robert Huff, R-Diamond Bar, which would excuse poll workers from jury service for a period of one year. The bill was referred to the Assembly Judiciary Committee Feb. 7 and scheduled for hearing March 11.

•AB XXX 8, by the Assembly Budget Committee, which, among other things, would defer the filling of 10 vacant judgeships created by the Legislature in 2006 by SB 56 until July 1 of this year, and would defer the filling of 50 new judgeships created last year by AB 159 until June 1 of next year, in order to fill part of the state budget gap. The bill passed the Assembly 68-3, and the Senate 34-5, and was signed by the governor Feb. 16.

•SB 110, by Sen. Gloria Romero, D-Los Angeles, which, as amended, would establish a 20-member sentencing commission chaired by the chief justice, with power to determine the sentences for various crimes, subject to rejection by the Legislature. The bill, which passed the Senate last year but failed in the Assembly 34-38, was scheduled for reconsideration yesterday.

•SB608, by Sen. Patricia Wiggins, D-Santa Rosa, which, as amended, would restore an inadvertently deleted provision that permitted certain active judges under the now-closed Judges' Retirement System (JRS I) to elect to provide a monthly allowance, or "optional settlement," payable to the judge's surviving spouse if the judge died before retiring, but had attained eligibility to retire with at least 20 years of service. The Senate concurred in Assembly amendments Feb. 19 by a vote of 36-1, and the governor signed the bill into law yesterday.


 

 

 


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