Jan.
29,
2010

A report on where
things
stand



Dolly Gee Joins U.S. District Court for the Central District of California...Bill to Expand Prosecution’s Right to Continuance Fails in Senate Committee...Justice Bigelow, Nominated for Presiding Justice, Faces Feb. 8 Confirmation Hearing



Judicial Elections

Monday will be the first day that candidates for the Los Angeles Superior Court may file declarations of intent to run. Two incumbents, Judges William Pounders and William Weisman, have said they will not run, and the MetNews has learned that Judge Emily Stevens does not plan to run.

Among those who have said they will run for open seats on the Los Angeles Superior Court are Calabasas solo practitioner William M. Margolin; West Los Angeles attorney and mediator Elizabeth A. Moreno; Los Angeles Deputy District Attorneys Laurie Trammell Castaneda, Valerie Salkin, Lou Holtz Jr. and Alan K. Schneider; Beverly Hills practitioner Mark Ameli; Special Assistant U.S. Attorney Christopher R. Garcia; Superior Court Referee Randolph M. Hammock; Pasadena personal injury attorney Anthony de los Reyes; and Los Angeles Deputy City Attorney Thomas J. Griego.

In addition, Los Angeles attorney Marvin Fischler has taken out papers to run against Superior Court Judge Laura Matz, the only incumbent to draw a challenge thus far.


Judges, Lawyers Under Scrutiny

Richard A. Windom
Attorney

Widom, until recently a name partner at the workers’ compensation firm now known as Stockwell Harris Wool­verton Muehl, was charged with misdemeanor spousal battery in November of last year over an incident alleged to have occurred on March 1. The alleged victim is his wife Lisa Kerner, a vice president of the law firm.

Widom was terminated by the law firm and entered solo practice, a source said. The City Attorney’s Office’s Family Violence Unit brought the misdemeanor charge after deputy district attorneys rejected the case for felony prosecution..

Harvey Silberman
Los Angeles Superior Court Judge

Orange Superior Court Judge Richard M. King earlier this month dismissed charges that Silberman and two political consultants solicited bribes, but declined to throw out related charges of solicitation to induce a candidate not to run for public office. The charges stem from the 2008 contest in which Silberman defeated Deputy District Attorney Serena Murillo for an open seat on the court.

Lori Ann Jones
Los Angeles Superior Court Commissioner

Jones, a court commissioner since March 2006, was placed on paid administrative leave Sept. 18 of last year following the release of grand jury transcripts in which she testified to having conveyed to then-judicial candidate Serena Murillo a suggestion that funds would be available to pay Murillo’s filing fee in the event she were willing to seek election to a judicial office other than that sought by then-Commissioner Harvey Silberman. Jones said she made the call as an accommodation to Evelyn Jerome Alexander, a campaign consultant who was representing Silberman at the time and who later represented Jones.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, is scheduled to have a pretrial conference March 10 on five felony embezzlement counts. The case had been scheduled for trial Jan. 27 before Los Angeles Superior Court Judge Bob Bowers Jr., but was continued.

Wolf is accused of having taken settlement funds from his clients in multiple 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 on July 10, 2006 and faces 23 disciplinary charges, including failure to deposit funds into a trust account; receiving an illegal fee; charging an unconscionable fee; failure to account for client funds; failure to release a client’s file; failure to pay client funds promptly; failure to account for client funds; conversion of funds sent to him by mistake; and multiple counts of failure to maintain funds in a trust account, misappropriation of client funds, and failure to cooperate in State Bar investigations.

Richard I. Fine
Disbarred Attorney

Fine last month sought emergency relief from the U.S. Supreme Court after the Ninth U.S. Circuit Court of Appeals, on Nov. 24, denied his petition for a writ of habeas corpus challenging his coercive imprisonment for civil contempt.

Fine has been confined to the Twin Towers jail since being held in contempt March 4 of last year by Los Angeles Superior Court Judge David Yaffe. His federal habeas corpus petition challenging that confinement was denied by U.S. District Judge John Walter of the Central District of California on June 29.

Yaffe ordered Fine jailed for as long as he refuses to respond to questions asked at a judgment debtor examination, and jailed for five days for holding himself out as entitled to practice law after being placed on involuntary inactive status by the State Bar Court.

Fine contends that he was denied due process and a jury trial when he was jailed. He also claims to be the victim of a vendetta by Los Angeles Superior Court judicial officers based on his litigation of suits in which he challenged Los Angeles County’s payment of benefits to Superior Court judges.

Those benefits were declared unconstitutional—as not being authorized by the Legislature—by the Fourth District Court of Appeal in 2008 in a suit brought by the advocacy group Judicial Watch, but the governor in February signed into law a bill that allows counties to continue paying benefits to supplement the salaries of Superior Court judges and immunizing officials against any liability for having unlawfully paid such benefits in the past. A visiting judge, assigned to the Los Angeles Superior Court, upheld the new law in August.

The U.S. Supreme Court on Oct. 5 denied Fine’s petition for a writ of certiorari seeking review of his disbarment by the state Supreme Court.

Fine, a lawyer for 35 years, asked the nation’s highest court to overturn the lifting of his license as a violation of his rights to free speech and due process. The state high court declined to review a State Bar Court ruling that Fine engaged in moral turpitude by continuously relitigating issues on which he had been ruled against.

State Bar Court Hearing Judge Richard Honn found in November 2007 that the lawyer engaged in a concerted campaign of litigation designed to harass judicial officers who had found against him, in particular Los Angeles Superior Court Commissioner Bruce Mitchell.

Roosevelt Dorn
Former Los Angeles Superior Court Judge

Dorn, who served on the Inglewood Municipal Court and the Los Angeles Superior Court from 1979 until his election as mayor of Inglewood in 1997, pled guilty Monday to one misdemeanor count of conflict of interest. Felony charges of misappropriation of public funds were dismissed as part of a plea bargain, one day after Dorn resigned as Inglewood mayor.

Dorn admitted that he personally benefited from a loan program designed to assist city employees in purchasing and improving housing within the city. As a result of the conviction, he will be barred from ever holding public office in California again.

Mitchell Roth
Former Superior Court Candidate

Roth, a candidate for the Los Angeles Superior Court in 2004, filed for personal bankruptcy, stalling a lawsuit filed by Attorney General Jerry Brown on July 6. The attorney general charged Roth and foreclosure consultant Paul Noe Jr. with having defrauded some 2,000 desperate homeowners into paying exorbitant fees for “phony lawsuits” to forestall foreclosure proceedings.

Noe did not answer the complaint, and a spokesman for Brown said a default judgment was being sought.

The complaint alleges that the suits were filed and abandoned, even though homeowners were charged $1,800 in upfront fees, at least $1,200 per month, and contingency fees of up to 80 percent of a home’s value.

The Los Angeles Superior Court assumed jurisdiction over Roth’s law practice in February, allowing the State Bar to take control of his Sherman Oaks, San Diego and Riverside law offices. The State Bar said Roth had been hospitalized due to severe depression, leaving several clients in foreclosure defense litigation cases subject to losing their homes and facing eviction.

Roth did not contest the takeover of his practice or the State Bar’s subsequent motion to place him on involuntary inactive status, which was granted by State Bar Court Judge Richard Honn on April 23. Roth tendered his resignation from the State Bar on May 29 rather than face disciplinary charges.

LaJetta Y. Wright
Long Beach Attorney

Wright, a former treasurer of the Black Women Lawyers Association of Los Angeles, faces sentencing Tuesday after pleading guilty July 29 to charges she embezzled $26,000 from the group in 2004. The sentencing was continued from Dec. 2.

Walter Loustari
La Canada Attorney

Loustari, a 58-year-old Glendale resident, faces sentencing March 3 after pleading no contest Jan. 22 to felony charges of possessing child pornography and an assault rifle.

Prosecutors said Loustari, who faces a maximum of three years and eight months in prison after entering the “open”—non-negotiated—plea, was charged after U.S. Immigration and Customs Enforcement, along with the Glendale Police Department, investigated him as part of Operation Predator, in which ICE works with local agencies to investigate child pornography throughout the United States.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There has been a vacancy on the court since Judge Stephen Trott took senior status Dec. 31, 2004. There is also a newly-created position that has not been filled, and Judge Michael Daly Hawkins is scheduled to take senior status Feb. 12.

 

Former labor lawyer Dolly Gee was sworn in this month to succeed Judge George Schiavelli, who resigned Oct. 5, 2008.

Judge Florence-Marie Cooper died Jan. 15. Earlier vacancies exist as a result of Judge Alicemarie Stotler taking senior status Jan. 5 of last year and Judge Stephen G. Larson resigning Nov. 2 of last year to join the law firm of Girardi | Keese.




There are no vacancies.


Second District Justice Tricia Bigelow of Div. Eight faces a Feb. 8 confirmation hearing on her nomination to become presiding justice of that division. If confirmed, as expected, she would succeed Presiding Justice Candace Cooper, who retired Dec. 31, 2008.

The names of Orange Superior Court Presiding Judge Kim G. Dunning and Los Angeles Superior Court Judge Ross M. Klein have been sent by the governor to the JNE Commission as possible appointees to the court.

Third District

Justice Fred Morrison retired at the end of January. Justice Rodney Davis retired Feb. 16. The name of Sacramento Superior Court Judge Jaime R. Roman has been sent to the JNE Commission as a possible appointee to the court.

Fourth District

Justice Barton Gaut is retiring from Div. Two Feb. 28.

Fifth District

Justice Steve Vartabedian is retiring May 31.

Seats in other districts are filled.

Los Angeles Superior Court


Commissioner Edward Drayer retired Jan. 4, and his position will be converted to a judgeship.

Judge Jacqueline Nguyen resigned last month to join the federal bench. Previous vacancies resulted from the retirements of Judge Brett Klein on Nov. 30 of last year, Bob T. Hight on Nov. 1, Judith Chirlin on Sept. 15, Josh Fredricks on Sept. 12, John Farrell on July 7, Aviva K. Bobb on June 8 and Robert O’Neill on April 6; the conversion to judgeships of the commissioner positions previously held by Randall Pacheco, John Rafferty, Jack Gold, Henry J. Hall and Harold Vites; and the resignation of Judge Alice Hill.

Pacheco and Hall are now judges; Rafferty, Gold and Vites retired. Hill resigned June 12 to become counselor to U.S. Secretary of Homeland Security Janet Napolitano. A newly created position on the court was to have been funded as of last June 1, but legislation in response to the state budget crisis postponed the effective date, first to June 1 of this year, and then to June 1 of next year.

Additional vacancies will occur when Judges Terry Friedman and William Chidsey retire in February, when Judge Michael Mink retires around March 1, and when Judge William Weisman retires May 11.

Judge Paul Gutman is on extended sick leave and might not return. Judge Harvey Silberman is disqualified while under felony indictment. Judge Emily Stevens is on leave and expected to retire.

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. Attorney Carla Ford; former Deputy District Attorney Christopher Darden, now in private practice; former Assistant U.S. Attorney David P. Vaughn, now a managing director of the litigation and consulting firm FTI Consulting Inc.; criminal defense specialist Steven Cron of Santa Monica; Los Angeles Assistant City Attorney Gary Geuss; Los Angeles Deputy City Attorneys Timothy R. Saito, Richard Kraft and Edward J. Perez; state Deputy Attorneys General Karen M. Ackerson-Brazille, Steven D. Matthews, Emilio E. Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand; Deputy District Attorneys Teresa Sullivan, Sean Hassett, Frances D. Young, Jennifer Lentz Snyder, Joseph Markus, Steven I. Katz, Alison S. Matsumoto, Shellie Samuels, Jeffrey Gootman, John D. Harlan II and Laura Laesecke; Commissioners Reva Goetz, Scott Gordon, Michele Fleurer, Cynthia Zuzga, John Slawson, Rocky L. Crabb, Michael Convey, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, Mark Zuckman and Loren DiFrank; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Angel Navarro; Deputy Alternate Public Defender Jerome J. Haig; Deputy Public Defender Lisa Brackelmans; Securities and Exchange Commission lawyer Martin Joseph Murphy; Los Angeles attorneys Marc Marmaro, David Herriford, Philip J. Ganz Jr., Marshall Mintz, Anthony de los Reyes, Howard Fields, Michael Wilner, Shan K. Thever, John L. Carlton, David Fields, Adrienne Krikorian, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman; Pasadena attorney Warren Gilbert; Glendale attorney Mark J. MacCarley; Tujunga lawyer John K. Raleigh; Woodland Hills attorney John Cha; Westlake Village attorney Michael Nebenzahl; and Karlene Goller, counsel for the Los Angeles Times.

Commissioner Michael Duffy retired Aug. 30. Commissioner Patrick Larkin is on medical leave.

Commissioner Ralph Olson is set to retire between March and June, a court spokesperson said. Com­mis­sioner Dennis Shanklin worked Jan. 22 for the last time and his retirement will be official on March 15.

Commissioner Steven Lubell is retiring March 4. His last working day was Jan. 15, and Commissioner Sharon Miller has moved from Santa Clarita to take over the San Fernando courtroom to which Lubell was moved at the beginning of this month.


Legislation of Interest to the Legal Community

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

AB 674, by Assemblywoman Mary Salas, D-Chula Vista, which would establish a deferred entry of judgment program and a preconviction drug diversion program for veterans who suffer from post-traumatic stress disorder or traumatic brain injury and who commit specified offenses. The bill was amended Jan. 4 and re-referred to the Committee on Public Safety, which approved it Jan. 13 by a vote of 7-0, and was amended again on Jan. 25.

AB 680, by Assemblyman Jerry Hill, D-San Mateo, which would increase some fees for the services of sheriffs and marshals. The Assembly concurred in Senate amendments Jan. 27.

AB 939, by the Assembly Judiciary Committee, which, as amended Jan. 4, would simplify the procedures for a summary dissolution of marriage. The bill passed the Assembly Jan. 19 by a vote of 71-0 and was sent to the Senate.

AB 984, by Assemblyman Pedro Nava, D-Santa Barbara, which would, with some exceptions, make it a crime for a witness to a murder or rape to fail to report that crime to authorities. The bill passed the Assembly Judiciary Committee on Jan. 7 by a vote of 10-0, passed the Committee on Public Safety on Jan. 14 by a vote of 5-2, passed the Appropriations Committee on Jan. 21 by a vote of 16-0, and passed the fully Assembly on Jan. 27 by a vote of 64-4.

AB 1133, by Assemblyman Roger Niello, R-Fair Oaks, which would make it a crime for a person or committee to attempt to influence a voter, through the use of money, gifts, loans or other valuable consideration, or through the use of force or coercion, to register to vote or to vote at an election, and would also make it a crime for for a person to receive gifts, money, loans, or other valuable consideration in return for registering to vote, failed in the Assembly Public Safety Committee Jan. 12 on a vote of 5-2.

SB 55, by Sen. Ellen Corbett, D-San Leandro, which became the vehicle for passage of the State Bar’s 2010 dues bill after the previous version was vetoed last year by the governor. The bill passed the Assembly as amended Jan. 4 by a vote of 59-0, passed the Senate with Assembly amendments Jan. 6 by a vote of 32-0, was signed by the governor Jan. 25 and took effect immediately as an urgency measure.

SB 59, by Sen. Robert Huff, R-Diamond Bar, which would provide that good cause exists to continue a trial for violation of the California Street Terrorism Enforcement and Prevention Act when the assigned prosecutor has another case in progress, within specific limitations. The bill failed in the Public Safety Committee Jan. 12 on a vote of 4-3.



 

 

 


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