End of the Month

Corrigan Sworn in to Succeed Brown on California Supreme Court...Candidates Pull Papers to Run for Superior Court...U.S. District Court Adds Two Magistrate Judges

Judicial Elections

Dec. 30 was the first day that candidates for Superior Court could take out papers to run. Non-incumbents taking out forms to seek signatures in lieu of the $1,491.60 filing fee were:

• Encino attorney Stephen M. Feldman, seeking the seat of retiring Judge Michael E. Knight.

• North Hills attorney Richard A. Nixon, who took out papers for the seats of several judges, including Knight; Richard G. Kolostian, who is also retiring; Melvin Sandvig; and Burt Pines.

• Los Angeles attorney/author Robert Davenport and Deputy Public Defender C. Edward Mack, both of whom took out papers for the Kolostian seat.
Davenport also took out papers for the seat of Judge John Reid, based on what the candidate said was a rumor that Reid would not run, but Reid told the METNEWS he is running.

• Woodland Hills attorney Stephen Beecher, who originally took out papers for the seat of Judge Mary Ann Murphy, but now says he will not challenge the incumbent, and has taken out papers for the seat being vacated by Judge Ruth Essegian, who is retiring.

In addition, Los Angeles Deputy City Attorney Daniel Lowenthal said he would run for an open seat, but has not taken out papers, and Los Angeles Superior Court Commissioner Bobbi Tillmon is reportedly mulling a bid.

Filing of nomination documents begins Feb. 13 and ends March 10, but if any incumbent does not file, the period in which other candidates may file for that seat is extended to March 15.

Judges, Lawyers Under Scrutiny

Kevin A. Ross
Los Angeles Superior Court Judge

Ross, a judge since 1999, has until the middle of next month to petition the California Supreme Court to overturn the Commission on Judicial Performance's Nov. 17 order that he be removed from office.

The commission found that Ross:

• Committed willful misconduct by adding chargesó-for which there was no factual basis-against a defendant, arraigning her without counsel present, and summarily remanding her to custody; by disregarding another defendant's right to counsel, becoming embroiled in the case and acting in a prosecutorial role; by revealing on a public television program information he had learned while presiding over a confidential juvenile matter; and by participating in the filming of a pilot for a television program which was "degrading to the judge and all the participants" in the course of which his name and title were used for promotional purposes and he arbitrated actual disputes.

• Engaged in prejudicial misconduct by disregarding another defendant's right to a formal probation violation hearing and continuing the proceedings in the absence of counsel;

• Engaged in improper conduct by making ex parte telephone contact with a defendant, and by making prejudicial comments about a Northern California sex offender case during an appearance on public television.

• Violated no canons of judicial ethics by speaking on a radio program about a statewide ballot proposition during courtroom hours, participating in a community outreach program different from the one for which he had obtained an approved leave without notifying the court of the change, or by commenting in a neutral manner on the issues involved in the case of two Inglewood police officers accused of abusing a suspect.

In a 9-0 decision, the commission said removal from office was appropriate because of the number of instances of misconduct and the judge's lack of candor in his dealings with the commission.

That determination became final 30 days after the decision was handed down. Ross, who was elected to the Inglewood Municipal Court in 1998 and became a judge of the unified Superior Court in January 2000, has 60 days from the date of finality to petition the California Supreme Court for review.

He is presently disqualified from sitting.

Ross admitted that in one case, he inappropriately ordered a traffic court defendant jailed because he believed she had provided false information about her identity, and that in another matter, he improperly interrogated an unrepresented defendant after the man said he wanted to consult with an attorney.

Ross also acknowledged problems with his 2002 arrangement with a production company for a show to be called "Mobile Court." Ross was to resolve small claims cases, with the parties stipulating to be bound by his rulings.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are four vacancies on the court.

On Dec. 16, President Bush nominated N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party, to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Judge A. Wallace Tashima took senior status June 30, 2004. Judge James Browning took senior status Sept. 1, 2000, and Judge Thomas G. Nelson took senior status Nov. 14, 2003.

The nomination of William G. Myers III to succeed Nelson was sent to the floor by the Senate Judiciary Committee in 2004 on a party-line vote of 10-8. President Bush resubmitted Myers' nomination on Feb. 14 of last year.

Republican senators tried and failed in July of last year 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. No agreement concerning Myers was reached when a bipartisan group of senators reached a compromise to avert filibusters on several other nominees.

Myers, who was first 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 W. Yang of the Central District of California has reportedly been under consideration for appointment to the court.

Costa Mesa attorney Andrew Guilford, a former president of the State Bar, was nominated Jan. 25 to succeed Judge Dickran M. Tevrizian, who took senior status on Aug. 5

U.S. Magistrate Judge Stephen G. Larson was nominated Dec. 15 to succeed Judge Robert J. Timlin, who took senior status Feb. 1.

Also taking senior status last year were Judge Terry J. Hatter Jr. on April 22 and Judge Consuelo Marshall on Oct. 24.

Judge Gary Taylor took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30.

Judge Ronald S.W. Lew will take senior status September 19.

The court installed two new magistrate judges this month. Jacqueline Chooljian was sworn in Jan. 13 and Oswald Parada was sworn in Jan. 20.

Justice Carol Corrigan, formerly of the First District Court of Appeal's Div. Three, was sworn in Jan. 4 following her confirmation hearing in San Francisco. She was the governor's nominee to succeed Justice Janice Rogers Brown, who left June 30 to join the U.S. Court of Appeals for the District of Columbia Circuit.

First District

Alameda Superior Court Judge James Richman was nominated Jan. 19 to succeed Justice Ignacio Ruvolo in Div. Two. Ruvolo was confirmed and sworn in Jan. 6 to succeed Presiding Justice Laurence Kay of Div. Four, who retired Aug. 31.

Peter Siggins, the former legal affairs secretary to the governor and his nominee to succeed Justice Carol Corrigan in Div. Three upon her confirmation to the Supreme Court, was confirmed and sworn in Jan. 6.

Justice Laurence T. Stevens of Div. Five will retire Feb. 28.

Fourth District

Justice James D. Ward of Div. Two retired Oct. 31.

Fifth District

Justice Timothy Buckley retired Sept. 26.

Seats in other districts are filled.

Los Angeles Superior Court

Former Deputy District Attorney Craig Richman was sworn in Jan. 3 to succeed Judge Gregory O'Brien, who retired Aug. 7. Former Federal Public Defender Maria Stratton was sworn in Jan. 23 to succeed Judge Floyd Baxter, who retired Nov. 1.

Judge Richard Kolostian sat for the last time Dec. 16 and will retire Feb. 20. Judge Michael Knight's last working day was Dec. 30 and he will retire Feb. 21.
Judge Ruth Essegian will sit for the last time on and retire March 3, which is also the retirement date for Judge Thomas Peterson, whose last working day was Jan. 13.

Judge Michael Farrell will retire March 6. Judge Richard Denner will sit for the last time Feb. 3 and will retire March 31.

Judge Charles Lee is on sabbatical in China. He is due to return to the court March 13.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Deputy City Attorney Edward J. Perez, Deputy District Attorney Richard M. Goul, Commissioners Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, and Loren DiFrank, Referee Steven Berman, U.S. District Court attorney Amy L. Lew, Irvine attorney Raymond Earl Brown, and Century City attorney Howard S. Fredman.

Commissioner David L. Ziskrout retired Dec. 31. Deputy District Attorney Cynthia Zuzga was elected last week to succeed Ziskrout and will be sworn in Feb. 17.

Catherine Pratt, formerly a deputy county counsel, was sworn in as a commissioner Jan. 5 to succeed Christina Hill, who was appointed a judge in November.

Commissioner Mark Weiss will retire Feb. 22. His last day on the bench was Dec. 23.

Commissioner H. Ronald Hauptmann will sit for the last time today and retire March 21.

Legislation of Interest to the Legal Community

The following legislation of interest to the legal community was acted on in January:

•AB 120, by Assemblywoman Rebecca Cohn, D-San Jose, which, as amended, would revise the Evidence Code definition of "domestic violence" to delete the 5-year limitation on the admissibility of prior acts of domestic violence. The bill was passed the Assembly Jan. 19 by a vote of 75-0 and was sent to the Senate, where it was referred to the Committee on Public Safety.

•AB 928, by Assemblyman Jerome Horton, D-Inglewood, which, as amended, would, provide that until January 1, 2010, prevailing party attorney fees in collection actions shall be 20 percent of the principal obligation owing under the contract or the amount set forth in the local court fee schedule, whichever is higher, when the debtor is a business entity and other specified conditions are met. The bill passed the Assembly Jan. 26 by a vote of 77-1 and was sent to the Senate.

•AB 1129, by Assemblyman Dennis Mountjoy, R-Monrovia, which, as amended, would give judicial candidates, for this year's election only, an additional five days to file their candidate statements for inclusion with the sample ballot. The bill passed the Senate 33-0 on Jan. 19 and was sent to the Assembly, where the Senate amendment was approved by the Committee on Elections and Redistricting Jan. 26 by a vote of 7-0.

•AB 1612, by Assemblywoman Fran Pavley, D-Woodland Hills, which, as amended, would authorize an attorney who, in the course of representing a governmental organization, learns of improper governmental activity, as defined, to urge reconsideration of the matter and to refer it to a higher authority in the organization. The bill would also authorize the attorney, in specified circumstances, to refer the matter to a law enforcement agency or to another governmental agency and would exempt the attorney from disciplinary action for making a referral of the matter. The bill passed the Assembly Jan. 19 by a vote of 44-31 and was sent to the Senate, where it was referred to the Judiciary Committee.

•AB 1626, by Assemblyman Pedro Nava, D-Santa Barbara, which, as amended, would increase from 90 days to one year the period following discharge of a jury in which the members of that jury are barred from accepting payment for supplying information related to the trial. The bill would specify that the prohibition does not apply to jurors excused prior to deliberations, nor does it bar a juror from accepting payment from an attorney for "educational purposes." The bill was rejected on a 1-4 vote of the Assembly Committee on Public Safety Jan. 10.