Feb.
29,
2012

A report on where
things
stand


June Primary to Feature Six Judicial Contests...Preliminary Hearing to Be Set for Disbarred Attorney Ricardo A. Torres II...Senate Judiciary Committee Approves Nomination of Los Angeles Attorney Paul Watford for Ninth Circuit Judgeship

Judicial Elections

Declaration-of-intent filing closed Feb. 8 for incumbent judges and their challengers and Feb. 13 for candidates seeking the three open seats on the June 5 primary ballot. Candidates who filed declarations of intent have until March 9 to file their nominating papers, at which time the candidacy becomes final.
If all candidates who filed declarations return those nominating papers, there will be six contested races on the ballot. Two candidates, Deputy District Attorneys Shannon Knight and Craig Gold, filed declarations in two races; they can now file nominating documents for either one, at which time the candidate will be locked into that race.
Candidates who filed declarations of intent in the six races are:
Office No. 3—Deputy District Attorney Sean Coen, Gold, Knight, and civil attorney Lawrence Kaldor for the seat now held by Judge Deborah Andrews.
Office No. 10—Judge Sanjay T. Kumar and Haw­thorne Assistant City Attorney Kim E. Smith.
Office No. 38—Judge Lynn D. Olson and attorney/realtor Douglas Weitzman.
Office No. 65—Knight, Deputy District Attorney Andrea Thompson, and Deputy City Attorney Matt Schonbrun for the seat now held by Judge Judith VanderLans.
Office No. 78—Judge James D. Otto and attorney Kenneth R. Hughey, a former Los Angeles deputy city attorney who is now a sole practitioner in Long Beach.
Office No. 114—Gold, Deputy District Attorney Eric Harmon, personal injury attorney Ben Brees, and environmental lawyer Berg Parseghian for the seat now held by Judge Anita Dymant.



Judges, Lawyers Under Scrutiny

Ricardo Torres II
Los Angeles Attorney

Torres, a onetime rising star in local politics, faces a March 6 preliminary hearing setting before Los Angeles Superior Court Judge Terry Bork. Torres is charged with violating Penal Code Sec. 506 by misappropriating client funds.
Torres reached a stipulation with State Bar prosecutors June 3, in which he agreed to be disbarred for taking almost $90,000 from clients who were seriously injured by a drunk driver in 2005. The criminal case is based on the same incident.
A candidate for the state Assembly and the Los Angeles City Charter Commission in separate 1997 elections, Torres is the son of retired Los Angeles Superior Court Judge Ricardo A. Torres, a former presiding judge, and is a nephew of retired Los Angeles Superior Court Commissioner William Torres.

Pierce O'Donnell
Pasadena Attorney

O’Donnell—a prominent lawyer, Democratic activist, and onetime congressional candidate—last week joined prosecutors in asking a federal judge to approve a plea agreement under which he would serve 60 days in jail on misdemeanor charges of making illegal political donations to the 2004 presidential campaign of then-Sen. John Edwards.
O’Donnell had agreed last year to serve six months in jail as part of a plea bargain with federal prosecutors. But U.S. District Judge James Otero rejected the agreed sentence as too harsh, suggesting a sentence of three years probation with six months’ home detention, which prosecutors rejected.
O’Donnell acknowledged that he solicited employees of his law firm and at least one relative to make contributions to the presidential campaign, and reimbursed 10 people who each made a $2,000 contribution to the campaign.
O’Donnell previously served a 60-day State Bar suspension in connection with state misdemeanor charges filed against him in 2004 for similar misconduct.
According to State Bar records, O’Donnell pledged to raise $50,000 in political contributions for then-Mayor James Hahn, now a Los Angeles Superior Court judge, in 2000. When he fell short of this goal, the attorney, through his assistant, advised his staff members that he would reimburse them for their political contributions to Hahn’s campaign. As a result, 26 individuals gave to Hahn’s campaign with the understanding that O’Donnell would reimburse each donor for his or her contribution.

Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

The Senate Judiciary Committee on Feb. 2 approved the nomination of Los Angeles attorney Paul J. Watford, who was nominated Oct. 17 for the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21. Watford was unanimously rated “well qualified” by the from the American Bar Association’s evaluating committee.
The committee favorably reported the nomination of U.S. District Judge Jacqueline Nguyen of the Central District of California on Dec. 1. The president nominated Nguyen on Sept. 22 to the open seat on the court. Nguyen was unanimously rated “qualified” by the ABA.
The committee is scheduled to consider tomorrow the nomination of Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, to succeed Judge Mary M. Schroeder, who took senior status at the end of last year. Hurwitz was nominated on Nov. 2 and had his committee hearing Jan. 26. Hurwitz received a unanimous rating of “well qualified” from the ABA.
There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004.

 

The Senate Judiciary Committee on Nov. 3 favorably reported the nomination of Michael W. Fitzgerald, tapped by the president on July 20 to succeed Judge A. Howard Matz. Matz took senior status July 11. Fitzgerald received a unanimous “well qualified” rating from the ABA.
No nomination has been made to succeed Judge Stephen G. Larson, who resigned Nov. 2, 2009 to join the law firm of Girardi | Keese. He subsequently joined the firm of Arent Fox LLP.
A vacancy will occur if and when Judge Jacqueline Nguyen is confirmed to the Ninth U.S. Circuit Court of Appeals.


There are no vacancies.

Second District

Justice Paul Coffee retired from Div. Six on Jan. 31

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January of last year.

Forth District

Justice Kathleen O’Leary was confirmed and sworn in Feb. 10 as presiding justice of Div. Three, succeeding the late David Sills. O’Leary’s elevation leaves an associate justice vacancy on the court.

Sixth District

Justice Richard McAdams retired Feb. 28 of last year. The governor has sent the name of Santa Clara Superior Court Judge Brian Walsh to the JNE Commission as a possible successor.
Justice Wendy Duffy retired in October of last year.

Seats in other districts are filled.
Los Angeles Superior Court

Judge Jacqueline Connor retired Feb. 24. Judge Carl J. West retires today.
Ten judges whose seats remain vacant retired last year. Judge Andrew Kauffman left the court May 15, Judge William Birney July 7, Judge John Shook July 15, Judge Martha Bellinger July 31, Judge Judith Champagne Sept. 1, Judge Michael Latin Sept. 5, Judge Maral Injejikian Sept. 6, Judge Peter D. Lichtman retired Oct. 31, and Judges Marjorie Steinberg and Burt Pines Dec. 31.
Judge Gary Hahn will retire in March. Judge Joan Comparet-Cassani will retire April 28.
Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy County Counsel Julie Ann Silva; Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle, Brentford Ferreira and Debra Cole; Montebello attorney and school board member Edwin Chau, who is also running for the state Assembly; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Dennis Mulcahy and Kenneth Taylor; Los Angeles attorney Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in February or in the closing days of January:

•AB 159, by 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 as originally introduced would have limited punitive damages, and noneconomic damage awards, in all cases. The bill was returned to the chief clerk Feb. 1 after the Assembly failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.

•AB 265, by Assemblyman Tom Ammiano, D-San Francisco, which would require a residential landlord to wait 14 days, rather than the current three, before demanding that a tenant who has defaulted on rent either pay or quit the premises. The bill died on the inactive file Feb. 1.

•AB 625, by Ammiano, which, as amended, would establish a tiered system of sex offender registration, in which some offenders would have to register for 10 years after release from custody, some for 20 years, and others for life. The bill was sent to third reading by the Assembly Jan. 26 by a vote of 40-28, but was refused passage on Jan. 30 by a vote of 19 in favor, 44 opposed.

•AB 990, by Assemblyman Michael Allen, D-Santa Rosa, dealing with court transcripts. The bill was returned to the chief clerk Feb. 1 after the Assembly failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.

•AB 993, by Assemblyman Donald Wagner, R-Irvine, which would immunize family law mediators and counselors against liability for damages resulting from their performance of their duties in court-ordered mediation or counseling. It would also provide that they are not subject to professional discipline resulting from such services unless the court finds they acted improperly. The bill was returned to the chief clerk Feb. 1 after the Assembly failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.

•AB 1316, by Assemblyman Cameron Smyth, R-Santa Clarita, which would expand the crime-fraud exception to the attorney-client privilege. The bill was returned to the chief clerk Feb. 1 after the Assembly failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.

•SB 308, by Sen. Anthony Canella, R-Modesto, which would increase the limitations period for prosecution of an accessory to murder to 10 years. The bill was returned to the secretary of the Senate Jan. 31 after the Senate failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.

•SB 780, by Sen. Bill Emmerson, R-Riverside, which would increase drunk driving penalties by eliminating the 10-year “wipeout” period beyond which prior convictions can no longer be used to enhance sentences, increasing the minimum sentence for a third offense from 120 days in jail to 180 days, and adding drunk-driving-related murder to the list of offenses for which a defendant who flees the scene is subject to a five-year sentence enhancement. The bill was returned to the secretary of the Senate Jan. 31 after the Senate failed to act on it by the deadline set forth in Art. IV, Sec. 10(c) of the state Constitution.


 

 

 


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