February
29,
2016

A report on where
things
stand


Judicial Candidates Begin Settling Into Races...‘Civility in Litigation’ Bill Introduced in State Senate....Superior Court Judge Clarke Faces March 7 Masters Hearing on Charges of Mistreating Prospective Jurors

Judicial Elections

The filing of declarations of intent by candidates for the court ended this month, as a result of which the number of potential contested races on the June ballot—barring write-in candidacies—was reduced to nine. Candidates who filed declarations have until March 11 to return nominating documents. A number of candidates filed declarations in multiple races, but a candidate can only return nominating documents for one seat. Candidates who filed declarations, other than unopposed incumbents, were:
•Office No. 11—Debra R. Archuleta, Naser “Nas” Khoury, Paul Kim, Jonathan Alexan Malek, Alicia Molina, Kim L. Nguyen, Javier Perez, Steven Schreiner, and Cyndy Zuzga for the seat being vacated by Judge Michelle Rosenblatt.
•Office No. 34—Archuleta, Khoury, Judge Marsha N. Revel, and Schreiner. Revel was the only candidate to have returned nominating documents as of Thursday.
•Office No. 42—E. Matthew Aceves, Molina, Michael P. Ribons, Schreiner, Dennis P. Vincent, Aaron J. Weissman, and Zuzga for the seat being vacated by Judge Alan Rosenfield. Susan Jung Townsend also filed a DOI in this seat, but returned nominating documents last week to run in Office No. 84.
•Office No. 60—Judge James A. Kaddo and Stepan W. Baghdassarian.
•Office No. 84—Khoury, Philip Marshall, Perez, Townsend, Vincent, Weissman, and Hubert S. Yun for the seat being vacated by Judge Kathleen Diesman. Marshall said on Feb. 22 he has decided not to return his nominating documents. Townsend, whose ballot designation will be Criminal Fraud Prosecutor, was the only candidate to have returned nominating documents as of Thursday.
•Office No. 109—Ribons and Judge Gus Sztraicher.
•Office No. 120—Aceves, Eric O. Ibisi, Fred Mesropi, Judge Ray Santana, and Zuzga.
•Office No. 158—David A. Berger, Judge Elden S. Fox, and Nguyen.
•Office No. 165—Khoury, Judge Kathryn Ann Solorzano, and Tami L. Warren.

Judges, Lawyers Under Scrutiny

Edmund W. Clarke Jr.
Los Angeles Superior Court Judge

Clarke, a judge since 2007, faces a March 7 hearing before a panel of special masters on charges brought by the Commission on Judicial Performance.
The charges stem from jury selection in a murder trial. Clarke is accused of making insulting remarks about individual members of the venire, who were seeking hardship dismissal, and of improperly forcing one woman to remain at court because she complained openly about the conduct of the courtroom clerk.

Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

President Obama on Feb. 25 nominated U.S. District Judge Lucy H. Koh of the Northern District of California to fill the vacancy created when Judge Harry Pregerson took senior status on Dec. 11, the day he completed 44 years of active service on the federal courts.
Further vacancies will occur when Judge Barry Silverman takes senior status Oct. 11 and Judge Richard Clifton does so Dec. 31.

 

The nomination of Los Angeles Superior Court Judge Mark Young was reported favorably by the Senate Judiciary Committee Nov. 5. He was nominated by President Obama on July 16 to succeed Judge Audrey B. Collins, who retired Aug. 1, 2014 to join the state Court of Appeal.
Judge Margaret Morrow took senior status Oct. 29, and Judge Dean Pregerson did so Jan. 28. Magistrate Judge Paul Abrams was nominated Dec. 16 for Pregerson’s seat.



There are no vacancies.

Second District

Martin Tangeman, previously a San Luis Obispo Superior Court judge, was confirmed and sworn in Feb. 22 to fill a vacancy in Div. Six. He succeeds Justice Paul Coffee, who retired Jan. 31, 2012.
There remain vacancies in Div. Three, due to the Oct. 5 retirement of Justice Patti S. Kitching; and Div. Seven, due to the March 31 retirement of Justice Fred Woods.
Among those whose names have been sent to the Commission on Judicial Nominees Evaluation as possible appointees to the court are Los Angeles attorneys Kent Richland and Bradley Phillips; Ventura Superior Court Judge Tari Cody; Los Angeles Superior Court Judges Gail Ruderman Feuer, Ann H. Egerton, Rita Miller, Richard Rico, Helen Bendix, Ann Jones, and Sanjay Kumar; and Southwestern Law School professor Christopher Cameron.
Los Angeles Superior Court Judge Amy D. Hogue is sitting on assignment in Div. Three, through March. Los Angeles Superior Court Judge Stan Blumenfeld is sitting in Div. Seven through March.

Fourth District

Marsha Slough, previously presiding judge of the San Bernardino Superior Court, was confirmed and sworn in Feb. 22 to fill a vacancy in Div. Two, resulting from the retirement of Justice Betty Richli.

Seats in other districts are filled.
Los Angeles Superior Court

Judge Daniel Brenner died Feb. 15 and Judge Russell Kussman retired Feb. 18.
Previous vacancies resulted from the elevations of Judges John Segal and Luis Lavin to the Court of Appeal in July; the retirements of Judges Arthur Jean, Owen Kwong, and Ronald Skyers April 30; Leland Harris May 8; Alan Goodman July 30; Thomas McKnew July 31; Tia Fisher Aug. 1; Richard Stone Aug. 28; and Reva Goetz Sept. 21, as well as the resignation of Judge Jeffrey Winikow Dec. 4 and the death of Judge Ellen DeShazer Nov. 22.
Judge Robert Willett is retiring March 9.
Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are Public Counsel legal director Lisa R. Jaskol; Los Angeles Deputy City Attorney—and former city attorney candidate—Michael Amerian; attorney/mediator Michael Diliberto; former Superior Court Referee Stephanie Davis; Los Angeles attorneys Angel Navarro and Lisa Mattern; Deputy Public Defenders Lisa Brackelmanns and David Hazami; Superior Court counsel Brett Bianco; Beverly Hills attorney Edward Tabash; South Pasadena attorney Mark S. Priver; Deputy District Attorneys Kerry White, Karen Borzakian, Candace Foy Smith, Leonard Torrealba, Kathleen Tuttle and Brentford Ferreira; Court of Appeal staff attorney Kenneth E. Roberson; Deputy Attorney General Kim Nguyen; Superior Court Commissioners Timothy Martella, Pamela Davis, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy, Terry Truong and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel Julie Ann Silva; Glendale attorney Kenneth Wright; and Assistant U.S. Attorney Wesley Hsu.
Commissioner William Allen sat for the last time Jan. 15 and will retire March 5; Commissioner William Mitchell sat for the last time Dec. 17 and retired Feb. 19. There is a previous commissioner vacancy as a result of Catherine Pratt’s appointment as a judge.


Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in February.

•AB 1672 by Assemblymember Devon Mathis, R-Visalia, which, as amended, would require the Judicial Council to report to the Legislature on or before June 1, 2019 on the need for veterans courts or veterans treatment courts, subject to funding. The bill was referred to the Public Safety and Veterans Affairs committees Feb. 4, was amended Feb. 23, and was re-referred to the Public Safety Committee Feb. 24. The amendments eliminated provisions for a pilot project in specified counties.

•AB 1766 by Assemblymember Mark Stone, D-Santa Cruz, which would require that counsel in criminal cases be provided with a complete list of prospective jurors’ names. The bill was referred to the Judiciary Committee Feb. 18.

•AB 1779 by Assemblymember Mike Gatto, D-Los Angeles, which would authorize nonprobate transfers of real property via a revocable transfer-on-death deed. The bill was referred to the Judiciary Committee Feb. 18.

•ACR 114 by Assemblymember James Gallagher, R-Plumas Lake, which would proclaim the month of February 2016 as Grand Jury Awareness Month in California, recognize those who volunteer in a grand jury, and encourage all Californians to learn about its role in the judicial system. The resolution was amended Feb. 4.

•SB 917 by Sen. Hannah-Beth Jackson, D-Santa Barbara, which would require a court, at the conclusion of a hearing conducted pursuant to the Family Code, to provide each party who is present at the hearing with a written order setting forth the basic terms of any orders that were made at the hearing. The bill would also require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to implement these provisions. The bill was referred to the Judiciary Committee Feb. 4.

•SB 1023 by the Senate Judiciary Committee, which would appropriate $5 million to fund 12 of the 50 superior court judgeships that the Legislature authorized several years ago but never funded. The bill was introduced Feb. 12 and referred to the Judiciary Committee Feb. 25.

•SB 1256 by Sen. Joel Anderson, R-El Cajon, which would create the Civility in Litigation Act, generally requiring that a potential defendant be allowed 30 days to make a settlement offer before suit is filed. The bill was introduced Feb. 18.


 

 

 


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