End of the Month

CJP Hears Argument in Judge John Harris Case...Several Commissioners Seeking Appointment as Superior Court Judges...Bill to Revise Statute of Limitations in
Child Molestation Cases Introduced

Judges, Lawyers Under Scrutiny

John D. Harris
Retired Los Angeles Superior Court Judge

The Commission on Judicial Performance heard argument in San Francisco Wednesday on the misconduct charges against Harris, a 30-year judicial officer who retired in October.

A staff attorney urged the commission to reject the findings of a panel of special masters, which absolved Harris of nearly all of the charges of misconduct brought against him.

The special masters-Court of Appeal Justice Eileen C. Moore of the Fourth District's Div. Three, San Bernardino Superior Court Judge Patrick J. Morris, and Ventura Superior Court Judge Henry J. Walsh-heard evidence for five days in Pasadena in May.

The CJP accused Harris of seeking to establish personal relationships with sexual assault victims, making inappropriately personal comments to jurors, attorneys, and court staff, throwing a file at a deputy city attorney, and lying during an investigation into his conduct.

The masters rejected charges that after two felony sexual assault trials in 2000, Harris met in chambers with the victims and sought to initiate personal relationships.

Harris acknowledged that he spoke to the victims in chambers and that the meetings were improper because the cases were not yet final. But he testified that he sought only to comfort the victims because he was moved by their plight, and did not intend to have any extensive or improper continuing relationships with them.

The masters found that testimony credible, citing many witnesses who said that Harris was an empathetic person by nature and noting that despite his years of judicial experience, he was new to handling felony sex crimes.

The masters also found that the commission had failed to prove that comments made by Harris to or about female attorneys, court staff members, or jurors on various occasions were inappropriately flirtatious or sexual. The comments included invitations to have lunch, a remark that a staff member was "cute," and thanking a lawyer for not challenging an attractive female juror because a judge "has to have something to look at during trial."

The panel accepted Harris' testimony that in hindsight, he recognizes that some of his remarks could have been taken as offensive, but that he had no intention of making anyone feel ill at ease.

Kevin A. Ross
Los Angeles Superior Court Judge

Final arguments are scheduled before the special masters next month on the charges against Ross, the subject of a misconduct hearing last November.

Ventura Superior Court Judge Vincent J. O'Neill, Fourth District Court of Appeal Justice Judith Haller, and San Bernardino Superior Court Judge Michael A. Smith were the special masters for the hearing, which was postponed from September after the commission brought additional charges.

The CJP asserted in its original formal notice of proceedings that Ross made comments about pending cases on a public television program on four occasions, was twice absent from court without authorization, and in four instances treated criminal defendants inappropriately. It later added allegations that the jurist improperly sought to promote a courtroom simulation television program in which he would star.

The CJP originally cited appearances by Ross, a former prosecutor, on the KCET public television program "Life and Times Tonight" during 2001 and 2002. Ross, a frequent guest on the public affairs discussion program, gained a seat on the Inglewood Municipal Court in 1998 by defeating Judge Lawrence Mason and became a Superior Court judge upon unification in 2000.

Among the canons of the Code of Judicial Ethics violated by the four appearances, the CJP asserted, is Canon 3B(9), which says that a judge shall not shall not "make any public comment about a pending or impending proceeding in any court."

Both of the unauthorized absence allegations also relate to public appearances made by the judge.

Ross testified that his television appearances were consistent with the California courts' efforts to educate the public on the judicial process and noted that other judicial officers had appeared with him or on similar programs. He also contended that the restrictions on judicial comment on pending cases are unconstitutional

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

Judge Stephen S. Trott took senior status Dec. 31, creating a fourth vacancy on the court. Earlier vacancies occurred when Judge A. Wallace Tashima took senior status June 30, when Judge James Browning took senior status Sept. 1, 2000, and when Judge Thomas G. Nelson took senior status Nov. 14, 2003.

President Bush said he intends to resubmit the nomination of William G. Myers III to succeed Nelson.

Republican senators tried and failed in July to force a floor vote on the nomination of Myers. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against.

Myers, who was nominated on May 15, 2003, is a former solicitor of the Department of the Interior and now practices law in Boise, Idaho. He has drawn opposition from native American activists and environmental groups.

His supporters say he holds mainstream, balanced views on environmental and other issues.

U.S. Attorney Debra Yang of the Central District of California is reportedly under consideration for appointment to the court.

Judge Gary L. Taylor took senior status Dec. 8, and two judges are slated to take senior status this year-Robert J. Timlin on Feb. 1 and Dickran M. Tevrizian on Aug. 5.

There are no vacancies. One would be created if the Senate confirms Justice Janice Rogers Brown to the U.S. Court of Appeals for the District of Columbia Circuit.

Brown's nomination to that court will be resubmitted, according to the White House. She was originally nominated July 25, 2003.

Brown cleared the Judiciary Committee on a party-line vote of 10-9, but an attempt to invoke cloture and force an up-or-down vote on her nomination failed on Nov. 14, 2003. The vote was 53-43 in favor of cloture, seven short of the required three-fifths majority of the entire Senate.

Second District

Norman L. Epstein, a member of Div. Four since 1990, was confirmed and sworn in Oct. 5 as presiding justice, leaving an associate justice vacancy in that division. Additional vacancies resulted from the retirements of Justice Reuben Ortega of Div. One on Dec. 3, and of Justice Margaret Grignon of Div. Five Dec. 31.

The names of Los Angeles Superior Court Judges Elihu Berle, Stephen D. Petersen, Michael M. Johnson, Sandy Kriegler, Marvin Lager, Frances Rothshchild, and Thomas Willhite Jr. have been sent to the Commission on Judicial Nominees Evaluation by Gov. Arnold Schwarzenegger as possible appointees.

Justice Michael Nott is retiring from Div. Two April 1.

Third District

Tami G. Cantil-Sakauye, previously a Sacramento Superior Court judge, was confirmed and sworn in Jan. 5 to succeed Justice Daniel Kolkey, who resigned Nov. 17, 2003 to return to private practice.

Sixth District

Justice William Wunderlich resigned April 30 to become a U.S. magistrate judge based in Yosemite National Park.

Seats in other districts are filled.

Los Angeles Superior Court

Five judges elected last November took office Jan. 3.

D. Zeke Zeidler, previously a referee, succeeded Judge Rosemary Shumsky, who retired Dec. 6. Judge James Wright, who retired Oct. 31, was succeeded by Donna Groman, previously a court commissioner. Judge Nancy Brown, who retired Jan. 31 of last year, was succeeded by Laura Priver, previously a deputy district attorney.

Gus Gomez, previously a deputy attorney general, succeeded Judge Richard Hubbell, and Mildred Escobedo, who was a referee, succeeded Judge Marcus Tucker.

There are currently nine vacancies.

Judge Alan Buckner died Dec. 12, Judge John Harris retired Oct. 29, Judge Susan E. Isacoff retired July 1, Judges John Ouderkirk and Lawrence Crispo retired April 5, Judge Chesley N. McKay retired April 1, Judge Margaret Hay retired March 31, Judge Alan Haber retired Feb. 9, and Judge Dale Fischer joined the U.S. District Court for the Central District of California on Nov. 17, 2003.

Among those said to be seeking appointment to those seats are Commissioners Dennis Mulcahy, Michael Levanas, Sanjay Kumar, Sanford Reichert, Diana Summerhayes, Roger Ito, Ross Klein, Martha Bellinger, Stuart Rice, and Scott Gordon.

Judge Veronica McBeth has applied for disability retirement. Judge Thomas Stoever will retire Feb. 14 and Judge C. Robert Simpson Feb. 18. Judges David Perkins and Dean Farrar are expected to retire within the month but have not set official dates.

Groman was succeeded as commissioner by Anthony Trendacosta, who previously served as referee.

Commissioner Roberta Kyman died Dec. 7. Balloting to choose her successor is underway and votes are to be counted Feb. 10.

Legislation of Interest to the Legal Community

•AB 27, by Assemblyman Gene Mullin, D-South San Francisco, which would expedite the process by which a county's costs are reimbursed after venue of a homicide trial has been transferred to that county. The bill was referred to the Committee on Local Government Jan. 6.

•AB 108 by Assemblyman Guy S. Houston, R-Walnut Creek, which would require an advertisement by a lawyer or law firm that urges a person or entity to take an action that may lead to the filing of a claim for residential construction deficiencies to disclose specified information, including the availability of alternative dispute resolution. The bill was referred to the Judiciary Committee Jan. 24.

•AB 112 by Assemblywoman Rebecca Cohn, D-Saratoga, which would require a court to verify the identity of the petitioner before granting a modification or early termination of a domestic violence restraining order. The bill was introduced Jan. 12 and referred to the Judiciary Committee Jan. 24.

•AB 120 by Cohn, which would authorize a pilot project, in any county where local governments are willing to provide funding, for improved recordkeeping by superior courts in domestic violence cases. The bill was introduced Jan. 12 and referred to the Judiciary Committee Jan. 24.

•AB 176 by Assemblyman Rudy Bermudez, D-Norwalk, which would clarify the status of certain workers hired as temporary trial court employees by providing that any such employee will be reclassified as permanent after 180 days of employment. The bill was introduced Jan. 24.

•AB 182 by Assemblyman John J. Benoit, R-Riverside, which would make a technical change in the form of a search warrant. The bill was introduced Jan. 24.

•SB 16 by Sen. Elaine Alquist, D-San Jose, which would amend criminal statutes of limitations to reflect a U.S. Supreme Court ruling precluding revival of time-barred prosecutions. The bill was tentatively scheduled for a hearing to be held tomorrow.

•SB 56 by Sen. Joseph Dunn, D-Garden Grove, which would allow the Judicial Council to allocate an unspecified number of new judges among the trial courts. The bill was introduced Jan. 12.

•SB 111 by Alquist, which would permit prosecution of sex crimes against minors at any time prior to the victim's 30th birthday, replacing the current 10-year statute of limitations as well as the law permitting otherwise time-barred prosecutions to be brought, in some circumstances, up to one year after a police report is filed. The bill was introduced Jan. 24.