End of the Month

Jan.
31,
2011

A report on where
things
stand

Trial Continued for Judge Silberman in Election Bribery Case...Friday Deadline to Apply for Bankruptcy Judgeship in Central District...Assemblywoman Butler Introduces Bill on Veterans’ Courts

Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

A status conference in the case against Silberman, elected to the court in 2008, and two campaign consultants is scheduled for Feb. 7 before Orange Superior Court Judge Richard King in Santa Ana.

Trial had been scheduled to commence Jan. 11 at the Foltz Criminal Justice Center, but scheduling problems resulted in that date being vacated.

Silberman, Evelyn Jerome Alexander, and Randy Steinberg are charged with offering financial inducements to Deputy District Attorney Serena Murillo, Silberman’s 2008 opponent, to get out of the race.

On Oct. 22, King, who is hearing the case as an assigned Los Angeles Superior Court judge, denied motions to suppress evidence obtained pursuant to search warrants, to dismiss for prosecutorial misconduct, and to sever the trials of the three defendants. He earlier dismissed charges against the three defendants of soliciting bribes, but denied their motions to throw out the related election-law charges.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

President Obama on Jan. 5 renominated UC Berkeley law professor Goodwin Liu to fill an open position on the court. His previous nomination was returned to the president when the Senate adjourned Dec. 22.

Liu was unanimously rated “exceptionally well qualified” by the American Bar Association’s evaluating committee, but Republicans object that he is too liberal.

There are two other vacant seats, previously held by Judge Stephen Trott, who took senior status in 2004, and Judge Andrew Kleinfeld, who took senior status June 12.

The president renominated Los Angeles Superior Court Judge John Kronstadt Jan. 5 to succeed Judge Florence-Marie Cooper, who died Jan. 15 of last year. Kronstadt was previously nominated Nov. 17, but no action was taken on the nomination before Congress adjourned.

Another vacancy remains because Judge Stephen G. Larson resigned Nov. 2, 2009. to join the law firm of Girardi | Keese.

Judge A. Howard Matz is scheduled to take senior status July 11.

Bankruptcy Judge Geraldine Mund will retire Feb. 9, but will continue to sit as a recalled judge. She will stop accepting new cases once her successor is appointed, but will continue to hear previously assigned cases after that, court officials said.

Three new bankruptcy judges were named Jan. 20 by the Ninth U.S. Circuit Court of Appeals.

Redlands sole practitioner Wayne E. Johnson will to fill a judgeship left vacant by the retirement of Judge Samuel Bufford last August 2010, while Scott C. Clarkson of Torrance and Mark S. Wallace of Los Angeles were named to fill temporary judgeships approved by the Judicial Council of the Ninth Circuit in 2009.

Clarkson and Wallance are sitting in Santa Ana. Johnson will have his chambers in Riverside.

The Ninth Circuit is accepting applications for appointment as bankruptcy judge in the Central District through Friday.

Tani Cantil-Sakauye, formerly of the Third District Court of Appeal, was sworn in Jan. 3 to succeed Chief Justice Ronald M. George. Justice Carlos Moreno is retiring Feb. 28.

Third District

Andrea Hoch, previously legal affairs secretary to then-Gov. Arnold Schwarzenegger, was sworn in Jan. 3 by Chief Justice Tani Cantil-Sakauye to succeed Justice Rick Sims. Hoch was confirmed by the Commission on Judicial Appointments Dec. 10. Sims retired Nov. 30.

Fourth District

Justice Carol Codrington, formerly a Riverside Superior Court judge, was sworn in Jan. 3 for a 12-year term. She succeeds Justice Barton Gaut, who retired last February.

Fifth District

Justice Richard McAdams is retiring Feb. 28.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Randy Hammock took office Jan. 3 and has been assigned to the Metropolitan Court.

Judge Jerry E. Johnson sat for the last time on Nov. 18 and is retiring March 3.

Judge Harvey Silberman is disqualified while under felony indictment.

Commissioner Patrick Larkin is on medical leave.

Commissioner Nicholas Taubert retired June 30. There are also commissioner vacancies as a result of the judicial appointments of Michael Convey on June 30 and of Lia Martin Dec. 6.

Commissioner Ralph Amado died Oct. 17.

Legislation of Interest to the Legal Community

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

•AB 67, by Assemblywoman Alyson Huber, D-El Dorado Hills, which would create a presumptive minimum sentence of 180 days in jail for sale of methamphetamine. The bill was referred to the Committee on Public Safety Jan. 27.

•AB 126, by Assemblyman Mike Davis, D-Los Angeles, which would require the governor to disclose the names of all persons outside his administration whom he has consulted with respect to potential judicial appointments, and would require members of the Commission on Judicial Nominees Evaluation to undergo two hours of annual anti-bias training. The bill was introduced Jan. 10.

•AB 141, by Assemblyman Felipe Fuentes, D-Sylmar, which would specifically mandate that jurors be instructed that the ban on communications about a trial extends to text messaging and other forms of electronic communication. The bill was introduced Jan. 13.

•AB 142, by Fuentes, requires that a criminal defendant who pleads guilty or no contest be advised that if he or she is deported as a result of the plea, and returns to the United States illegally, he or she could be charged with criminal reentry by the federal government. The bill was introduced Jan. 13.

•AB 148, by Assemblyman Cameron Smyth, R-Santa Clarita, would expand mandatory ethics training for local government officials to include discussion of compensation issues and expense reimbursement, and require that all policies governing compensation and reimbursement of expenses for local officials be posted on the Internet. The bill was introduced Jan. 14.

•AB 158, by Assemblywoman Linda Halderman, R-Fresno, which would limit punitive damages in all cases to three times compensatory damages, would limit noneconomic damages in all negligence cases to $250,000, and would generally preclude an award of punitive damages in a products liability case where the product was manufactured or applicable warnings given in compliance with state or federal safety standards. The bill was introduced Jan. 20.

•AB 201, by Assemblywoman Betsy Butler, D-El Segundo, which would authorize superior courts to develop and implement veterans courts to provide specialized programs for veterans charged with criminal activity that may be related to service-connected mental illness. The bill was introduced Jan. 27.

•SB 5, by Sen. Tom Harman, R-Costa Mesa, which would require the attorney general to defend the constitutionality of initiative measures. The bill was assigned to the Judiciary Committee Jan. 20.

•SB 54, by former Sen. George Runner, R-Lancaster, which would permit a sex offender subject to Jessica’s Law, which prohibits such offenders from living within 2,000 feet of a park or school, to petition for a waiver of the requirement on the ground that “there is a pervasive lack of compliant housing in the county.” The bill was referred to the Rules Committee Jan. 21.