Jan.
31,
2007

A report on where
things
stand


Attorney Mervyn H. Wolf Faces Feb. 26 Court Date to Set Preliminary Hearing on Embezzling Charges...Bills to Establish Sentencing Commission Introduced...Henry Hall Takes Office as Commissioner, Succeeding Bobbi Tillmon


Judges, Lawyers Under Scrutiny

Manuel Real
U.S. District Judge, Central District of California

Real, a federal judge since 1966, has asked the Judicial Conference of the United States to overturn a finding of the Ninth Circuit Judicial Council that he should be publicly discliplined for improperly seizing control of a bankruptcy case involving a defendant he knew.

The Judicial Council's decision, in which it said that Real's misconduct "warrants the corrective action of 'censuring or reprimanding' [him] by means of public announcement," because his "misconduct continued over a substantial period of time, was repeated and caused significant harm to a litigant," was supposed to be confidential but became public knowledge when it was briefly and inadvertently posted on a Web site.

Real, 83, assumed jurisdiction over the bankruptcy of Deborah M. Canter, estranged wife of one of the owners of Canter's Delicatessen, then allowed her to live rent-free for years in a house she'd been ordered to vacate.

After the landlord, the Canter Family Trust, appealed, the Ninth Circuit reversed, holding that Real lacked good cause for taking control of the case and re-imposing the previously lifted stay that had allowed her to remain in possession of the premises.

In the original disciplinary proceeding, a divided Judicial Council accepted Real's acknowledgment that he should have explained his reasons for taking jurisdiction over the bankruptcy and staying the eviction, and his assurance that "[h]e does not believe that any similar situation will occur in the future." It took no disciplinary action under a federal law which permits it to so, saying that the purpose of the statute is not to punish judges, but to assure the fair administration of the laws.

The Judicial Conference, in reviewing that decision, took no action, saying the Ninth Circuit inquiry was inadequate. Ninth Circuit Chief Judge Mary M. Schroeder then ordered a new probe.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for nearly 40 years, faces a Feb. 26 court date for the setting of a preliminary hearing on charges of embezzling more than $300,000 from his clients. The appearance was continued from Jan. 18.

Wolf is accused of having taken settlement funds from his clients in six personal injury, workers' compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients' trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10 and faces discipline in connection with several matters. He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues.

 

Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

There are two vacancies on the court.

William G. Myers III, a former solicitor of the Department of the Interior who now practices law in Boise, Idaho, this month withdrew his bid to succeed Judge Thomas G. Nelson, who took senior status in November 2003.

Democrats, who now control the Senate, have consistently opposed Myers since his nomination was submitted nearly four years ago.

The president on Jan. 9 resubmitted the nomination of N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party. President Bush nominated Smith on Dec. 16, 2005 to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

But on Jan. 16, the president withdrew that nomination and instead nominated Smith to the Nelson seat.

 

There are five vacancies on the court. The president's nominations to fill them were resubmitted to the Senate on Jan. 9.

Orange Superior Court Judge James E. Rogan was nominated Nov. 15 to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal May 22.

The nominations of Los Angeles Superior Court Judges Valerie L. Baker and Philip Gutierrez were approved by the Senate Judiciary Committee Sept. 21.

Baker was nominated May 4 to succeed Judge Consuelo Marshall, who took senior status on Oct. 24, 2005. She was unanimously rated "well qualified" by the American Bar Association's evaluations panel.

Gutierrez was nominated April 24 to replace Judge Terry J. Hatter Jr., who took senior status on April 22, 2005. Gutierrez drew a unanimous rating of "well qualified" from the ABA.

Los Angeles Superior Court Judge George Wu was nominated to the court Sept. 5 in anticipation of Judge Ronald S.W. Lew taking senior status, which he did on September 19.

Los Angeles Superior Court Judge Otis Wright II was nominated Sept. 5 to succeed Judge Gary Taylor, who took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30, 2005.


There are no vacancies.

First District

Alameda Superior Court Judge Henry E. Needham was confirmed and sworn in Jan. 25 to succeed Justice Lawrence T. Stevens of Div. Five, who retired Feb. 28.

Seats in other districts are filled.
Los Angeles Superior Court


Three judges named to the court by Gov. Arnold Schwarzenegger last month took office in January.

Alan B. Honeycutt, formerly head of the criminal division of the Redondo Beach City Attorney's Office, took office Jan. 5, filling the vacancy created by the retirement of Judge Hugh Gardner in October; former Assistant U.S. Edward B. Moreton Jr. was sworn in Jan. 29 to replace Judge Ruffo Espinosa Jr., who retired Jan. 2; and former Deputy District Attorney Michael Villalobos was sworn in Jan. 4 to succeed the late Judge Jack Morgan.

Four newly elected judges took office Jan. 8-Lynn D. Olson, who defeated Judge Dzintra Janavs in the June primary; Daniel Lowenthal, who succeeded Judge Barbara Burke, who took disability retirement Oct. 24; Susan Lopez-Giss, elected in June to succeed Judge Larry Knupp, who retired Dec. 31; and Deborah L. Sanchez, who succeeded Judge Charles Rubin, who retired April 30.

Judge Chris Conway is due to retire Friday. Judges Judson Morris Jr. and David M. Schacter are due to retire Feb. 20.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorneys Elena J. Duarte and David P. Vaughn, criminal defense specialist Steven Cron of Santa Monica; Los Angeles Deputy City Attorneys Richard Kraft and Edward J. Perez; state Deputy Attorney General E. Eugene Varanini IV, Deputy District Attorneys David Gelfound and Laura Louise Laesecke; Commissioners Mitchell Beckloff, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Graciela Freixes, Ronald Rose, Marilyn Kading Martinez, and Loren DiFrank; Referee Steven Berman; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Jerome J. Haig; Los Angeles attorneys John L. Carlton, Adrienne Krikorian, Mark A. Borenstein, Eulanda Matthews and Lawrence P. Brennan Jr.; and Century City attorney Howard S. Fredman.

Commissioners Martin L. Goestch and James Copelan are on long-term medical leave.
Henry Hall, formerly a deputy alternate public defender, took office this month as a commissioner, succeeding Bobbi Tillmon, who took office last month as a judge.

Legislation of Interest to the Legal Community

The following bills of interest to the legal community were introduced in January:

•AB 104, by Assemblyman Jose Solorio, D-Anaheim, which would require the Department of Justice and local law enforcement agencies to supply criminal history information to city attorneys for the purpose of assisting them in obtaining gang injunctions. The bill was introduced Jan. 3.

•AB 159, by Assemblyman David Jones, D-Sacra­mento, which would create 50 new superior court judgeships and an unspecified number of Court of Appeal judgeships, subject to appropriations, and declare legislative intent to convert an unspecified number of commissioner and referee positions into judgeships. The bill was introduced Jan. 18.

•AB 160, by Assemblywoman Sally Lieber, D-Mountain View, which would express legislative intent to establish a Sentencing Commission to develop a new sentencing structure for criminal courts. The bill was introduced Jan. 18.

•AB 163 , by Assemblyman Tony Mendoza, D-Norwalk, which would classify Los Angeles Superior Court law clerks as permanent employees after 180 days of employment. The bill was introduced Jan. 22. A similar bill was vetoed last session by the governor.

•AB 171, by Assemblyman Jim Beall, D-San Jose, which would make lawyers who work in county counsel's offices eligible for the Public Interest Attorney Loan Repayment Program, under which the state makes 3,000 grants each year to assist lawyers with repayment of their student loans. The program is currently limited to attorneys who work for a prosecutor's office, child support agency, or public defender's office. The bill was introduced Jan. 23.

•SB 11, by Sen. Carol Migden, D-San Francisco, which would eliminate the limitation of domestic partnerships to same-sex couples and couples in which one of the parties is over the age of 62 years and receiving Social Security benefits. The bill was assigned to the Judiciary Committee Jan. 18.

•SB 39, by Migden, which would make technical changes in the law governing the confidentiality of case files of children who are dependent or are wards of the juvenile court. The bill was assigned to the Rules Committee Jan. 18.

•SB 110, by Sen. Gloria Romero, D-Los Angeles, which is the Senate counterpart to AB 160. The bill was introduced Jan. 18.

•SB 117, by Sen. Tom Harman, R-Costa Mesa, which would make technical changes in the private attorney general statute. The bill was introduced Jan. 22.

•SB 118, by Harman, which would make technical changes with regard to attorney-client privilege. The bill was introduced Jan. 22.

•SB 122, by Sen. Darrell Steinberg, D-Sacramento. The bill would add "homeless status" to the list of actual or perceived characteristics qualifying as a hate crime. The bill was introduced Jan. 22.

•SCA 1, by Sen. Tom McClintock, R-Thousand Oaks, which would amend the constitutional provisions governing eminent domain, and would, among other things, change the standard of judicial review in some condemnation cases. The measure was assigned on Jan. 18 to the committees on Rules and on Elections, Reapportionment and Constitutional Amendments.


 

 

 


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