End of the Month

Filing Opens for Los Angeles Superior Court Candidates... Suzanne H. Segal Becomes Chief U.S. Magistrate Judge for Central District... Assembly Passes Sex Offender Registration Bill and AB1208

Judicial Elections

Yesterday was the first day to file declarations of intent to run for the Los Angeles Superior Court. Nine candidates—Deputy District Attorneys Shannon Knight, Eric Harmon, Andrea Thompson and Sean Coen; Los Angeles Deputy City Attorney Matthew Schonbrun; civil attorneys Mark Bernsley, Lawrence Kaldor and Berg Parseghian; and criminal defense lawyer Robert M. Ross—have taken steps toward running for open seats in the June primary, and Bernsley said he has not ruled out running against an incumbent.
Declarations of intent must be filed by Feb. 8, with an extension to Feb. 13 in open seats only.
Candidates who file declarations of intent must finalize their candidacies by filing nominating documents between Feb. 13 and March 9. If an incumbent judge retires prior to this period, or retires during the period and before another candidate has filed nominating documents, the election for that seat will be cancelled.

Judges, Lawyers Under Scrutiny

Ricardo Torres II
Los Angeles Attorney

The District Attorney’s Office said July 6 of last year it is investigating whether Torres, a onetime rising star in local politics, should be charged with a crime based on his admitted misappropriation of client funds. A senior prosecutor said an investigation had been opened earlier, but was suspended because State Bar disciplinary proceedings were pending.
Torres reached a stipulation with State Bar prosecutors June 3, in which he agreed to be disbarred for taking almost $90,000 from clients who were seriously injured by a drunk driver in 2005.
A candidate for the state Assembly and the Los Angeles City Charter Commission in separate 1997 elections, Torres is the son of retired Los Angeles Superior Court Judge Ricardo A. Torres, a former presiding judge, and is a nephew of retired Los Angeles Superior Court Commissioner William Torres.

Pierce O'Donnell
Pasadena Attorney

O’Donnell—a prominent lawyer, Democratic activist, and onetime congressional candidate—is scheduled to stand trial today on misdemeanor charges of making illegal political donations to the 2004 presidential campaign of then-Sen. John Edwards.
O’Donnell had agreed to serve six months in jail as part of a plea bargain with federal prosecutors. But U.S. District Judge James Otero rejected the agreed sentence as too harsh, suggesting a sentence of three years probation with six months’ home detention, which prosecutors rejected.
Under the disallowed agreement, O’Donnell acknowledged that he solicited employees of his law firm and at least one relative to make contributions to the presidential campaign, and reimbursed 10 people who each made a $2,000 contribution to the campaign.
O’Donnell last year served a 60-day State Bar suspension in connection with state misdemeanor charges filed against him in 2004 for similar misconduct.
According to State Bar records, O’Donnell pledged to raise $50,000 in political contributions for then-Mayor James Hahn, now a Los Angeles Superior Court judge, in 2000. When he fell short of this goal, the attorney, through his assistant, advised his staff members that he would reimburse them for their political contributions to Hahn’s campaign. As a result, 26 individuals gave to Hahn’s campaign with the understanding that O’Donnell would reimburse each donor for his or her contribution.
In February 2006, O’Donnell entered a negotiated no contest plea to five counts, which Los Angeles Superior Court Judge Alex Ricciardulli accepted. O’Donnell was ordered to pay $155,200 in fines and penalties, serve three years probation, and refrain from political fundraising for three years.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

The Senate voted 95-3 on Dec. 15 to confirm Alaska Supreme Court Justice Morgan Christen as the newest judge of the court. Christen was nominated May 18 to fill the seat left vacant when Judge Andrew Kleinfeld took senior status June 12, 2010.
The Senate Judiciary Committee held a hearing on Dec. 13 for Los Angeles attorney Paul J. Watford, who was nominated Oct. 17 for the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21. Watford was unanimously rated “well qualified” by the ABA. The Senate Judiciary Committee favorably reported the nomination of U.S. District Judge Jacqueline Nguyen of the Central District of California on Dec. 1. The president nominated Nguyen on Sept. 22 to the open seat on the court. Nguyen was unanimously rated “qualified” by the ABA.
On Nov. 2, the president nominated Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, to succeed Judge Mary M. Schroeder, who is taking senior status tomorrow. Hurwitz received a unanimous rating of “well qualified” from the American Bar Association’s evaluating committee.
There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004.

The Senate Judiciary Committee on Nov. 3 favorably reported the nomination of Michael W. Fitzgerald, tapped by the president on July 20 to succeed Judge A. Howard Matz. Matz took senior status July 11. Fitzgerald received a unanimous “well qualified” rating from the ABA.
No nomination has been made to succeed Judge Stephen G. Larson, who resigned Nov. 2, 2009 to join the law firm of Girardi | Keese. He subsequently joined the firm of Arent Fox LLP.
A vacancy will occur if and when Judge Jacqueline Nguyen is confirmed to the Ninth U.S. Circuit Court of Appeals. Suzanne H. Segal became chief magistrate judge Jan. 1.

There are no vacancies.

Second District

Justice Paul Coffee is retiring from Div. Six, but has not set an official date, a court spokesperson said.

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January of last year.

Forth District

A Feb. 10 confirmation hearing is scheduled for Justice Kathleen O’Leary, nominated in December to succeed the late David Sills as presiding justice.

Sixth District

Justice Richard McAdams retired Feb. 28. The governor has sent the name of Santa Clara Superior Court Judge Brian Walsh to the JNE Commission as a possible successor.
Justice Wendy Duffy retired in October of last year.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Andrew Kauffman retired May 15, Judge William Birney July 7, Judge John Shook July 15, and Judge Martha Bellinger July 31. Three judges retired in September—Judith Champagne Sept. 1, Michael Latin Sept. 5, and Maral Injejikian Sept. 6.
Judge Peter D. Lichtman retired at the end of October to join JAMS as a private judge. Judges Marjorie Steinberg and Burt Pines retired at the end of last year.
Judge Jacqueline Connor will retire Feb. 21 and Judge Joan Comparet-Cassani will retire April 28.
Judges Judith VanderLans and Anita Dymant have indicated they do not plan to run for re-election, but have not announced retirement dates. If they do not retire before Feb.13, the first day for the filing of nominating documents, their seats will be on the June primary ballot.
Judge Carl J. West, whose last working day was Friday, will officially retire Feb. 29. A court staff member said Judge Gary Hahn’s last working day is Thursday, but did not know his official retirement date.
Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle, Brentford Ferreira and Debra Cole; Montebello attorney and school board member Edwin Chau, who is also running for the state Assembly; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Dennis Mulcahy and Kenneth Taylor; Los Angeles attorney Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

Legislation of Interest to the Legal Community