End of the Month

Feb.
28,
2011

A report on where
things
stand

Justices Moreno, Adams to Retire Today...Silberman Co-Defendant Pleads No Contest to Misdemeanor Conspiracy...Dues Bills, With No Increase, Introduced in State Assembly, Senate

Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

Silberman, elected to the court in 2008, and political consultant Evelyn Jerome Alexander are scheduled to go to trial May 23 on felony charges of offering financial inducements to Deputy District Attorney Serena Murillo, Silberman’s 2008 opponent, to get out of the race.

A third defendant, consultant Randy Steinberg, pled no contest to a misdemeanor conspiracy charge on Feb. 7 and agreed to cooperate with prosecutors. He is due to be sentenced June 24.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

President Obama on Jan. 5 renominated UC Berkeley law professor Goodwin Liu to fill an open position on the court. His previous nomination was returned to the president when the Senate adjourned Dec. 22.

Liu was unanimously rated “exceptionally well qualified” by the American Bar Association’s evaluating committee, but Republicans object that he is too liberal.

There are two other vacant seats, previously held by Judge Stephen Trott, who took senior status in 2004, and Judge Andrew Kleinfeld, who took senior status June 12.

The president renominated Los Angeles Superior Court Judge John Kronstadt Jan. 5 to succeed Judge Florence-Marie Cooper, who died Jan. 15 of last year. Kronstadt was previously nominated Nov. 17, but no action was taken on the nomination before Congress adjourned.

Another vacancy remains because Judge Stephen G. Larson resigned Nov. 2, 2009. to join the law firm of Girardi | Keese.

Judge A. Howard Matz is scheduled to take senior status July 11.

Bankruptcy Judge Geraldine Mund retired Feb. 9, but continues to sit as a recalled judge.

Justice Carlos Moreno is retiring today.

Sixth District

Justice Richard McAdams is retiring today.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Dennis Aichroth retired Feb. 17 and Judge Conrad Aragon Feb. 18. Judge Jerry E. Johnson sat for the last time on Nov. 18 and is retiring Thursday.

Judge Harvey Silberman is disqualified while under felony indictment.

Commissioner Patrick Larkin is on medical leave.

Commissioner Nicholas Taubert retired June 30. There are also commissioner vacancies as a result of the judicial appointments of Michael Convey on June 30 and of Lia Martin Dec. 6.

Commissioner Ralph Amado died Oct. 17.

Legislation of Interest to the Legal Community

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

•AB 60, by Assemblyman Kevin Jeffries, R-Murrieta, which, as amended Jan. 31, would add felony battery on certain sworn officers—including police, firefighters, and custodial officers—to the list of “serious felonies” for purposes of the Three-Strikes Law and other enhancement statutes. The bill was re-referred to the Committee on Public Safety Feb. 1.

•AB 141, by Assemblyman Felipe Fuentes, D-Sylmar, which would specifically mandate that jurors be instructed that the ban on communications about a trial extends to text messaging and other forms of electronic communication. The bill was referred to the Judiciary Committee Feb. 3.

•AB 142, by Fuentes, which requires that a criminal defendant who pleads guilty or no contest be advised that if he or she is deported as a result of the plea, and returns to the United States illegally, he or she could be charged with criminal reentry by the federal government. The bill was referred to the Committee on Public Safety Feb. 3.

•AB 148, by Assemblyman Cameron Smyth, R-Santa Clarita, which would expand mandatory ethics training for local government officials to include discussion of compensation issues and expense reimbursement, and require that all policies governing compensation and reimbursement of expenses for local officials be posted on the Internet. The bill was referred to the Committee on Local Government Feb. 3.

•AB 158, y Assemblywoman Linda Halderman, R-Fresno, which, as amended, would generally preclude an award of punitive damages in a products liability case where the product was manufactured or applicable warnings given in compliance with state or federal safety standards. The bill was amended in the Assembly Feb. 23 to eliminate provisions that would have limited punitive damages in all cases to three times compensatory damages, and limited noneconomic damages in all negligence cases to $250,000.

•AB 173, by Assemblyman Mike Gatto, which would extend the statute of limitations for suits to enforce insurance policies on the lives of victims of the Armenian Genocide. The bill was referred to the Judiciary Committee Feb. 3.

•AB 190, by Assemblyman Bob Wieckowski, D-Fremont, which would impose an additional assessment on certain traffic violators to fund spinal cord research. The bill was referred to the Committee on Public Safety Feb. 10.

•AB 314, by Assemblyman Jeff Gorrell, R-Westlake Village, which would subject the State Court Facilities Fund to the Public Contract Code. The bill was referred to the Committee on Business, Professions and Consumer Protection Feb. 24.

•AB 556, by Assemblyman Donald Wagner, R-Irvine, which would provide that judges, rather than juries, determine the amount of punitive damages. The bill was read the first time Feb. 16.

•AB 572, by Wieckowski, which would set State Bar dues for 2012 in the current amount. The bill was read the first time Feb. 16.

•SB 129, by Sen. Mark Leno, D-San Francisco, which would make it unlawful for an employer to discriminate against a qualified medical marijuana patient based on such person’s qualified patient status or a positive drug test, unless the employee uses the drug on the employer’s premises or the employment is “safety-sensitive.” The bill was referred to the Judiciary Committee Feb. 10.

•SB 163, by Sen. Noreen Evans, D-Santa Rosa, which would fix State Bar dues for 2012 at the current level. The bill was referred to the Judiciary Committee Feb. 10.

•SB 221, by Sen. Joseph Simitian, D-Palo Alto, which would raise the jurisdictional limit for small claims actions by natural persons to $10,000. The bill was referred to the Judiciary Committee Feb. 17.

•SB 326, by Sen. Leland Yee, D-San Francisco, which would require the Judicial Council to enact a rule providing for newly filed or lodged court records to be made available for public inspection at the courthouse no later than the end of the day on which those records are received by the court. The bill was referred to the Judiciary Committee Feb. 24.

•SB 405, by Sen. Ellen Corbett, D-San Leandro, which would create up to 10 judgeships during the 2011-12 fiscal year in order to convert subordinate judicial officer positions in family law or juvenile law only. This would be in addition to the 16 annual conversions already authorized. The bill was referred to the Judiciary Committee Feb. 24.

•SB 462, by Sen. Sam Blakeslee, R-San Luis Obispo, which would state the intent of the Legislature to enact legislation that would address litigation fees incurred by school districts, special education local plan areas, and parents concerning special education disagreements. The bill was referred to the Rules Committee Feb. 24.