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Jan. 31,
2000

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Judge Patrick Murphy Faces April Trial in Suit Alleging Fraud, Conversion... Kathleen O'Leary Sworn In to Fourth District Court of Appeal...Superior Court Judge Isabel Cohen Retires Today

Judges, Lawyers Under Scrutiny

 


Alfonso Hermo

Retired Whittier Municipal Court Judge

Hermo, who retired in March 1998 after 30 years on the court, was sentenced Jan. 19 after pleading no contest to a charge of having helped a bailiff cover up the escape of a prisoner in January of last year.

Pursuant to a Nov. 30 plea bargain, he received two years' summary probation and a fine of $1,000 plus penalty assessments, and must perform 40 hours of community service. He also faces possible censure, and could be banned from receiving court assignments, by the Commission on Judicial Performance.

The bailiff, now-retired Deputy Sheriff Al Garces, is to receive the same sentence as Hermo.

Hermo and Garces were originally charged with conspiracy to obstruct justice and faced possible three-year prison sentences. Hermo allegedly issued a phony "own recognizance" release for the escaped prisoner and subsequently "failed to perform his duty to re-issue arrest warrants," according to the indictment returned March 17 of last year by the grand jury.

The judge personally obtained all five of the defendant's case files and marked each of them "OR," with Garces' assistance, the indictment further alleged.

The plea, however, was to an amended indictment charging that Hermo and Garces aided and abetted an escape following remand, which is a misdemeanor. By entering the plea, Hermo's lawyers said, he avoids the risk of losing his pension of more than $75,000 annually, which cannot be taken away by the CJP.

 



Patrick Murphy
Citrus Municipal Court Judge

Murphy, who has been away from the court on sick leave for much of the past 20 months, faces an April 11 trial in a suit in which he is accused of fraud and conversion.

In addition, the judge has not taken the oath of office as a Superior Court judge, a position to which he would normally ascend under court unification, and faces the possible loss of his paycheck if he doesn't take that oath within the next month.

His lawyer in the civil suit, Thomas Dovidio of Diamond Bar, told Senior U.S. District Judge Wm. Matthew Byrne Jr. that he doesn't know where Murphy is. Dovidio made the comment at a pretrial hearing last Monday.

Murphy apparently remains under investigation by the District Attorney's Office and the federal Justice Department regarding a complex series of financial transfers in which the judge may have been involved in 1996 and 1997, and which are the subject of the lawsuit.

Murphy is also a defendant in a related lawsuit brought by the bankruptcy trustee for Dr. George Taus, a physician and close friend of the judge. The trustee of Taus' bankruptcy estate has sued Murphy and others for the return of nearly $1.9 million that the trustee claims was wrongfully taken from the estate.

The investigations and suits involve transfers which appear to have been initiated by Taus, a close friend of Murphy. The suits have been consolidated for discovery purposes, but no trial has been set in the trustee's suit.

The suit now set for an April trial was brought by the securities firms Smith Barney Inc. and Prudential Securities, Inc. They have sued Murphy, Taus and others for fraud and conversion, seeking damages in excess of $785,000, including interest.

The firms claim that Murphy helped Taus conceal from the doctor's ex-wife, Susan Taus, a portion of the funds to which she was entitled as a result of a marital settlement agreement.

The firms are suing because a National Association of Securities Dealers arbitration panel held them responsible for paying the funds over to the doctor and required them to reimburse Susan Taus.

A possible settlement of the two suits fell apart, attorneys said, because Murphy said through his attorney that he would only settle if the United States Attorney's Office promised not to prosecute, and no such promise was made. One of Murphy's co-defendants, another friend of Taus named Arnold Secord, is known to have testified before a federal grand jury before Christmas.

Another co-defendant, Encino attorney and former Murphy friend Paul Ottosi, has now been sued by Murphy. In a complaint filed in Los Angeles Superior Court Sept. 30, Murphy claims that Ottosi illegally recorded conversations between them, and alleges that the dissemination of the recordings was a substantial factor in the cardiac�and stress�related health problems that have kept him off the bench.

The case is now before an Orange Superior Court judge, sitting on assignment.

 


George H. Trammell III
Retired Los Angeles Superior Court Judge

Trammell, who was censured by the Commission on Judicial Performance and banned from receiving court assignments as a result of his sexual relationship with a woman who was a defendant in a case before him, is now being sued by the woman.

Trammell's deposition in the case commenced last month but was not completed, Ron Binder, an attorney for plaintiff Pifen Lo, said.

Trammell, a judge from 1971 to 1997, is reportedly also under investigation by the Justice Department, but there is no word from the United States Attorney's Office on whether he will be charged with a criminal violation of the woman's civil rights.

Trammell abruptly quit the bench two years ago when the relationship became public. A panel of special masters appointed by the Supreme Court found that he had engaged in improper conduct, including hundreds of ex parte contacts with Lo.

Lo said the judge coerced her into having sex by promising favorable treatment for her husband, a co-defendant in her case. The masters found that commission attorneys had failed to prove by clear and convincing evidence that Lo was coerced, and the commission agreed.

Trammell declined to file a sworn response or testify under oath before the CJP, citing his constitutional right not to incriminate himself. In unsworn documents, he has claimed that his contacts with Lo were motivated solely by a belief they would protect him from violent organized crime figures with whom her husband was associated.

The District Attorney's Office declined to charge Trammell with any criminal offense. The Legislature, citing the case, approved a bill expanding the definition of obstruction of justice, which is now law.

Trammell was a Los Angeles Municipal Court judge from 1971 until 1988, when he was elevated to the Superior Court by then-Gov. George Deukmejian.

 

Judicial Elections


There is one Superior Court contest and there are eight municipal court contests on the March 7 ballot.

Although the municipal courts of Los Angeles County ceased to exist when unification took effect Jan. 22, a state law governing the transition to a unified court requires that elections proceed as if the municipal courts still existed, where the candidate filing process began before unification.

The nine races being contested on March 7 are:

Los Angeles Superior Court

Deputy District Attorney Katherine Mader, South Bay Municipal Court Commissioner Douglas Carnahan and Superior Court Referee Jeffrey Marckese are seeking the seat being vacated by Judge Richard Montes.

All three candidates have hired professional consulting firms. Carnahan has retained Cerrell Associates, Inc., Mader has Fred Huebscher in her corner, and Marckese's effort is being directed by Parke Skelton.

Alhambra Municipal Court

Llewellyn P. Chin of Alhambra and Los Angeles sole practitioner Maria C. Vargas-Rodriguez are challenging Judge John Martinez. The incumbent's campaign is being run by the Cerrell firm, while Vargas-Rodriguez has hired consultant Victor Griego.

Antelope Municipal Court

Palmdale attorney William Clark and Acton lawyer Larry Layton are challenging Judge Pamela Rogers, while David Bianchi, a partner in a Lancaster firm, and Deputy District Attorney Christopher Estes are running for the seat of Judge William Seelicke, who is not seeking another term. Huebscher is consultant to Bianchi's campaign.

Beverly Hills Municipal Court

Commissioner Hugh Bobys, sole practitioner Mitchell Dawson, Deputy District Attorneys Richard A. Stone Jr., and West Los Angeles attorney John A. Khoury are seeking the seat being vacated by Judge Judith Hollinger, who was Judith Stein prior to her recent marriage. Dawson has retained political consultant Rick Taylor, Bobys is represented by Cerrell Associates, and Stone has hired Huebscher.

Downey Municipal Court

Downey sole practitioner Kirt Hopson is challenging Judge Jesse Rodriguez. Rodriguez has retained the Cerrell firm, and Hopson has hired Hollywood consultant Leo Briones.

Inglewood Municipal Court

Commissioner Deborah Christian and Deputy District Attorney Patricia Titus are running for the seat of Judge Kenneth Vassie, who will step down after more than 32 years on the court. Christian's campaign is being run by Basil Kimbrew.

Los Angeles Municipal Court

Six candidates are seeking the seat being vacated by Judge L.C. Nunley.

They are South Bay Municipal Court Commissioner John Slawson, who has retained the Cerrell firm, Los Angeles Municipal Court Commissioner John Ladner, Deputy District Attorneys David Stuart and David Mintz, and Los Angeles attorneys Ronald Silverton�who has retained consultant Doug Howard�and Vicki M. Roberts.

Also, Judge Richard Rico, who has hired Parke Skelton has his consultant, is being challenged by Glendale lawyer Bernita "Susan" Borges.

 

Judiciary: Vacancies, Appointments


Federal Courts


Ninth U.S. Circuit Court of Appeals

Judge Ronald Gould was sworn in Jan. 3, leaving six vacancies on the 28-judge court.

Judge Melvin Brunetti took senior status Nov. 11. Sen. Harry Reid, D-Nev., has recommended that U.S. District Judge Johnnie Rawlinson of Nevada be nominated as Brunetti's successor.

Judge Betty B. Fletcher took senior status Nov. 1, 1998. Seattle attorney Richard C. Tallman was nominated Oct. 20 as her successor.

Tallman�a former prosecutor who was a partner at Seattle's Bogle & Gates before co-founding a new firm earlier last year�was designated after Washington Chief Justice Barbara Durham withdrew, saying her husband was ill.

Judge Cynthia Holcomb Hall took senior status Aug. 31, 1997. Honolulu attorney James E. Duffy Jr., 57, a former president of both the Hawaii State Bar Association and the Hawaii Trial Lawyers Association, was nominated on June 17 of last year to succeed her.

Duffy, who would be the court's only active judge from Hawaii, is a Minnesota native who went to Hawaii after graduating from Wisconsin's Marquette University Law School. He has been in private practice there since 1971 and has been a partner in the firm now known as Fujiyama, Duffy, and Fujiyama since 1974.

Judge John T. Noonan took senior status Jan. 1, 1997 and San Francisco attorney Marsha L. Berzon was nominated for the seat on Jan. 27 of last year.

Action on the nomination was delayed as conservative senators submitted multiple sets of written questions concerning cases she has handled on behalf of the American Civil Liberties Union. President Clinton resubmitted the nomination on Jan. 26 of last year.

Berzon, 53, won a 10-8 vote of approval from the Senate Judiciary Committee on July 1. Republicans Orrin Hatch of Utah and Arlen Specter of Pennsylvania joined with eight Democrats in supporting the nomination, while eight Republicans voted no. Some senators say they oppose her nomination because she her views are consistent with those of what they say is an overly liberal majority on the court.

Senate Majority Leader Trent Lott, R-Miss., announced Nov. 10 that the nomination will be voted on by the full Senate no later than March 15.

A partner in Berzon, Nussbaum, Berzon & Rubin, Berzon is associate general counsel for the AFL-CIO and has argued four cases before the U.S. Supreme Court, where she clerked for Justice William Brennan.

Judge Cecil F. Poole took senior status Jan. 15, 1996 and died Dec. 12, 1997. U.S. District Judge Richard A. Paez of the Central District of California was nominated for the seat on Jan. 26, 1996 and has since been cleared twice by the Judiciary Committee. He has yet to receive a floor vote, but one has been promised by March 15.

Paez, 52, won his second vote of approval from the committee on July 30 of last year by a vote of 10-8, with Republicans Hatch and Specter joining all eight Democrats in support. Paez, a former presiding judge of the Los Angeles Municipal Court, has drawn opposition from conservatives, in part for his negative comments concerning Proposition 209, which repealed affirmative action programs in California.

Judge Charles E. Wiggins took senior status Dec. 31, 1996. San Francisco attorney Barry P. Goode, 50, was nominated for the seat on June 24, 1998 and again on Jan. 26 of last year, but has yet to clear the Judiciary Committee.

Goode is a litigator at McCutchen, Doyle, Brown & Enersen and an adjunct professor of environmental law at the University of San Francisco.

U.S. District Court

There are three vacancies, the most recent of which was created Oct. 29 when Judge William Keller took senior status.

Los Angeles attorney Dolly Gee and Santa Monica lawyer Fredric Woocher were nominated May 27 of last year to fill the seats left vacant by the retirement of Judge John Davies and the elevation of Judge Kim Wardlaw, both of which occurred in July 1998. Woocher had a confirmation hearing Nov. 10, but the Senate adjourned without a committee vote on the nomination.



State Courts


California Supreme Court

There are no vacancies.

Courts of Appeal

This District (Second District)

Justice John Zebrowski retired from Div. Two Nov. 3, although he is sitting on assignment through this week. The governor has sent the names of Los Angeles Superior Court Judges Paul Boland, Kathryn Doi Todd, and Robert Mallano to the Commission on Judicial Nominees Evaluation as potential appointees.

Funding for additional positions will be available this year as a result of the passage of the state budget last June, but the Legislature didn't act during last year's session to create the positions. Legislation to be considered this year would add one member to each division, although there is support for an amendment that would add two divisions instead.

Sen. Kevin Murray, D-Los Angeles, is carrying the legislation. He said last month that a bill will pass if Senate President Pro Tem John Burton and Gov. Gray Davis can reach agreement.

It would take a two-thirds vote of both houses, however, for any legislation to take effect prior to Jan. 1, 2001.

Fourth District

Kathleen O'Leary, formerly Orange Superior Court presiding judge, was confirmed and sworn in Jan. 21 to succeed Justice Sheila Prell Sonenshine in Div. Three. Sonenshine retired April 14 to become president of a start-up financial services company.

Justice Edward Wallin retired from Div. Three Feb. 16 to become a private judge.

Fifth District

Justice William Stone retired at the end of September.

Seats in other districts are filled.


Los Angeles Superior Court

The newly unified court has 13 vacancies.

When unification took effect Jan. 22, the Superior Court had nine vacancies, resulting from the death of Judge Richard McLain Jan. 2, the retirements of Judges Enrique Romero March 7, Sherman Smith April 4, Robert H. O'Brien Aug. 16, Jaime Corral Sept. 6, Edward Ross Sept. 9, and Stephen Lachs Oct. 3, and the appointments of Judges Gary Feess and Florence-Marie Cooper to the federal bench.

In addition, the Long Beach Municipal Court had a vacancy resulting from Judge G. William Dunn's April 30 retirement, and the Los Angeles Municipal Court had three vacancies resulting from the July 6 retirement of Judge Ronald Schoenberg and the election two years ago of Judges John Harris and Alban Niles to the Superior Court.

Further vacancies will occur as a result of the scheduled retirements of Judge Isabel Cohen today, and Judges Bruce Sottile and Robert Parkin next week. Also, Judge Robert Altman said he may retire when he completes 20 years of service in March, and Judge Marvin Rowen is expected to retire in April.

Judge Robert M. Mallano is sitting in Div. Two of this district's Court of Appeal and Judge Harvey A. Schneider is sitting in Div. Three through February. Judge Allan Goodman, formerly of the Culver Municipal Court, is sitting in Div. Two through March.



 

 

 


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