January
31,
2014

A report on where
things
stand



Dozen Prosecutors Seek Judicial Election as Filing Begins for June Primary...Trial Begins in Misdemeanor Case Against Los Angeles Superior Court Judge Craig Richman...Commissioner Anthony Jones Leaves Superior Court After 25 Years of Service



Judicial Elections

Monday was the first day to file declarations of intent to run for superior court judgeships on the June 3 primary ballot.
Among those filing were:
•Office No. 22, Deputy District Attorney Amy Carter, for the seat of Judge Michael Solner, who is retiring next month.
•Office No. 54, Deputy District Attorney Shannon L. Knight, for the seat of Judge Lance Ito, who said he is “keeping my options open” with respect to running for reelection. Knight said she would not run for the seat if Ito does.
•Office No. 61, Deputy District Attorney Dayan Mathai, for the seat now held by Judge Michael Nash, who said he will not run for another term and has made no decision on whether to retire before the end of his term.
•Office No. 72, Deputy District Attorney Chris J. Frisco, for the seat now held by Judge Joseph DiLoreto, who said he will not run for reelection.
•Office No. 76, Deputy District Attorney Alison Matsumoto Estrada, for the seat now held by Judge Harvey Giss, who said he will not run for reelection and may retire in the next few months.
•Office No. 82, Deputy District Attorney Ann H. Park, for the seat now held by Judge Arthur M. Lew, who is not expected to seek reelection.
•Office No. 90, Deputy District Attorney Serena Murillo, for the seat now held by Judge Daniel Lopez, who is not expected to seek reelection.
•Office No. 97, Deputy District Attorney Teresa Pineda Magno, for the seat now held by Judge David Milton, who is retiring next month.
•Office No. 113, Deputy District Attorney Stacy L. Okun-Wiese, for the seat now held by Judge R. Bruce Minto, who is retiring in March.
•Office No. 117, Judge James Pierce and Deputy District Attorney Carol Najera.
•Office No. 138, Deputy District Attorney Donna Hollingsworth Armstrong, for the seat now held by Judge Carlos Uranga, who is not expected to seek reelection.
•Office No. 157, Deputy District Attorney Andrew Cooper, for the seat now held by Judge Jessica Perrin Silvers, who is retiring next month.
Seats not listed are those in which no one had filed as of Wednesday, or in which incumbents have filed and are thus far unopposed. Wednesday of next week is the deadline, but there is an automatic five-day extension to file for any seat in which the incumbent does not file.


Judges, Lawyers Under Scrutiny

Craig Richman
Los Angeles Superior Court Judge

Trial began yesterday in the case of Richman, 55. He pled not guilty Nov. 21 after being charged with battery for allegedly pushing and injuring a Chatsworth neighbor who was walking her dogs.
The judge’s attorney, James Blatt, told the Los Angeles Times that the neighbor, Connie Romero, threw a bag of excrement at Richman after the judge asked her to find a trash can for it. Blatt called the battery charge a “total fabrication.”
Richman was a deputy district attorney prior to being appointed to the bench by then-Gov. Arnold Schwar­zenegger.

David Tamman
Suspended Attorney

Tamman is engaged in litigation against Nixon Peabody LLP, where he used to be a securities partner.
Tamman was sentenced by U.S. District Judge Philip Gutierrez of the Central District of California Sept. 23 to seven years in prison for obstructing two Securities and Exchange Commission investigations.
The Santa Monica resident was convicted on Nov. 13, 2012 in U.S. District Court of all 10 counts of an indictment charging him with trying to prevent the SEC from discovering that his client was running a Ponzi scheme.
Following a two-week bench trial, Tamman was found guilty of one count of conspiring to obstruct justice, five counts of altering documents, one count of being an accessory after the fact to his client’s mail and securities fraud crimes, and three counts of aiding and abetting the client’s false testimony before the SEC.
The client, former fund manager and radio personality John Farahi, was sentenced to 10 years in prison earlier this year for running the scheme, which involved false promises that investors’ money—more than $24 million was collected, prosecutors said—would be invested in corporate bonds backed by the Troubled Assets Relief Program.
Tamman, who had left the firm while the SEC was investigating, sued Nixon Peabody in Los Angeles Superior Court in 2011. He contended that he was “thrown under the bus” by the firm, so that his partners could get their hands on his $1.5 million book of business.
The firm explained, in a press release issued at the time the suit was filed, that it fired Tamman “as soon as we learned that he was under SEC investigation and he failed to explain his actions to us,” adding that the firm “has acted completely appropriately in cooperating with the SEC on this issue.” Greenberg Traurig, which Tamman joined after leaving Nixon Peabody, publicly fired him after he was charged civilly by the SEC, saying he had not disclosed the situation to them when he was hired.
The litigation had been stayed while the criminal case was pending, but is now ongoing.
Tamman’s interim suspension from the State Bar took effect Feb. 18 of last year. An additional suspension for not paying bar dues took effect July 2.

John Haw
Disbarred Attorney

Haw was disbarred on Jan. 17, 11 days after his release from a halfway house where he served six months in prison on two counts of mail fraud based upon his participation in an illegal kickback scheme.
Haw did not oppose the State Bar Court’s recommendation that he be summarily disbarred based on his conviction of a crime involving moral turpitude.
Prosecutors said Haw paid more than $56,000 to an entity controlled by David Hamedany, who was director of construction at Huntington Memorial Hospital in Pasadena, where Haw was a construction manager. Hamedany was sentenced to three years in prison.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

The nominations of John B. Owens and Michelle T. Friedland were sent to the full Senate by the Judiciary Committee on Jan. 16.
Owens was nominated Aug. 1 of last year for the seat vacant since Dec. 31, 2004, when Judge Stephen Trott assumed senior status. The 41-year-old litigator is a former federal prosecutor in Los Angeles and San Diego, where he headed the Criminal Division before joining Munger, Tolles & Olson LLP last year.
President Obama on Aug. 1 also nominated Friedland to the court. Like Owens, she is a Munger Tolles litigation partner. Friedland is based in San Francisco and Owens in Los Angeles.
If confirmed by the Senate, Friedland will fill a judgeship vacant since April 1, when Judge Raymond C. Fisher assumed senior status. Friedland, 41, is a former lecturer at Stanford Law School, from which she graduated in 2000.

 

There are no current vacancies, but Judge Gary Feess is taking senior status on March 13.




There are no vacancies.


First District

Presiding Justice James Marchiano retired from Div. One March 15 of last year. Justice James Lambden retired from Div. Two July 31 of last year. Justice Paul Haerle said yesterday he expects to retire from Div. Two in mid-June.

Second District

Presiding Justice Robert Mallano is retiring from Div. One and Justice Steven Suzukawa from Div. Four Feb. 28.
Justice Frank Jackson retired from Div. Seven June 30 of last year. Justice Orville Armstrong retired from Div. Five July 31 of last year.
Justice Kathryn Doi Todd retired from Div. Two on Jan. 22 of last year. Justice Paul Coffee retired from Div. Six on Jan. 31, 2012.
Among those whose names have been sent to the Commission on Judicial Nominees Evaluation as possible appointees to the court are Los Angeles Superior Court Judges Helen Bendix, Brian Hoffstadt, Lee Edmon, and Sanjay Kumar; U.S. District Judge Audrey Collins; and Southwestern Law School professor Christopher Cameron.

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January 2011. Those whose names have been sent to the Commission on Judicial Nominees Evaluation reportedly include San Joaquin Superior Court Judge George Abdallah and Sacramento Superior Court Judges Thadd Blizzard, Helena Gweon, David Abbott, David DeAlba and Kevin Culhane.

Fifith District

Justice Rebecca Wiseman retired Oct. 31.

Seats in other districts are filled.

Los Angeles Superior Court

Several judges appointed by Gov. Jerry Brown last month have taken up permanent assignments.
Judge Carl H. Moor, formerly a partner at Munger Tolles and Olson LLP, is in traffic Department 67 at the Metropolitan Courthouse. Judge Mark K. Hanasono, a former deputy alternate public defender, is hearing criminal cases in Department 30 at the Foltz Criminal Justice Center.
Judge Daniel Juarez, formerly a state administrative law judge, will sit in Department 5, a criminal court in Bellflower, beginning Feb. 10. Judge Dorothy C. Kim, former deputy chief of the Criminal Division at the U.S. Attorney’s Office, will sit in traffic Department 63 at the Metropolitan Courthouse, also beginning Feb. 10.
Still vacant are the seats last held by Judges Diane Wheatley, who retired April 16 of last year; John Reid, who retired June 2; Lawrence Mira, who stepped down July 24; Shari K. Silver, who retired Aug. 1; Charles W. McCoy, who retired Sept. 1; Beverly Reid O’Connell, who joined the federal bench April 30; Cynthia Rayvis, who took disability retirement Aug. 22 and died Dec. 28, and Dewey L. Falcone, who retired May 8 and died Aug. 15.
Judge Janice Croft will officially retire Feb. 18. Judge Jessica Silvers is retiring Feb. 20, and Judge John Meigs is stepping down March 7.
Judge R. Bruce Minto’s last day on the bench is today. His retirement is effective March 31.
There is a vacancy in a position that the Legislature authorized but has never funded, and seven commissioner positions have been converted to judgeships that have not yet been filled.
Among those whose names have been sent to the JNE Commission as possible judicial appointees to the court are Superior Court Commissioners Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, David Cowan, Dennis Mulcahy and Kenneth Taylor; Deputy District Attorneys Candace Foy Smith, Leonard Torrealba, Kathleen Tuttle and Brentford Ferreira; State Bar Court Judge Richard Honn; Deputy County Counsels Terry Truong and Julie Ann Silva; Deputy Public Defenders Enrique Monguia and Johan ElFarrah; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Los Angeles attorneys Timothy Martella and Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.
The name of Ed Chau was sent to the commission prior to his election to the state Assembly.
Commissioner Anthony Jones is stepping down after 25 years of service. His last day on the bench was Jan. 17, and his retirement is effective March 1.


Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in January.

AB 134 by Assemblymember Dan Logue, R-Chico, which would exempt the home addresses and telephone numbers of applicants for firearm permits from disclosure under the California Public Records Act, and make legislative findings that the bill complies with Proposition 59 because it is necessary to protect applicants from crimes. The bill was amended in the Assembly on Jan. 6 and Jan. 8. A committee hearing set for Jan. 14 was cancelled at the author’s request.

SB 166, by Sen. Carol Liu, D-Pasadena, which would establish minimum training standards for appointed counsel in juvenile court. The bill was amended in the Senate on Jan. 6 and again on Jan. 17, and held in committee on Jan. 23.

SB 406, by Sen. Noreen Evans, D-Santa Rosa, the Tribal Court Civil Judgment Act, passed the Senate Jan. 23 by a vote of 33-0.

SB 794, by Evans which would reduce the number of peremptory challenges in misdemeanor cases. The bill passed the Senate Jan. 28 by a vote of 21-11.



 

 

 


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