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July
31,
2006

A report on where
things
stand


House Judiciary Chairman Directs Subcommittee to Investigate U.S. District Judge Manuel Real...Los Angeles Superior Court Judge Valerie Baker Rated 'Well Qualified' for Federal Bench by ABA Panel...Judge Sandra Ikuta Joins Ninth U.S. Circuit Court of Appeals


Judicial Elections

There will be four judicial runoff elections on the November ballot (candidate's ballot designations are in parentheses, but may be changed up until tomorrow):

� Office No. 8-Deborah L. Sanchez (Criminal Pro­secutor) and Bob Henry (California Deputy Attorney-General), for the seat previously held by Judge Charles Rubin, who retired April 30.

� Office No. 18- Daviann L. Mitchell (Cri­mi­nal Gang Prosecutor)and John C. Gutierrez (Adminis­trative Law Judge), for the seat vacated by Judge Michael E. Knight, who retired in February.

� Office No. 102-Hayden Zacky (Criminal Gang Pro­secutor) and George C. Mont­gomery (Trial Lawyer/ Teacher), for the seat of Judge Marion Johnson, who did not run for re-election.

� Office No. 144-David W. Stuart (Criminal Pro­se­cutor) and Janis Levart Barquist (Deputy City Attor­ney), for the seat vacated by Judge Paula Mabrey, who retired April 28.



Judges, Lawyers Under Scrutiny

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

House Judiciary Com­mittee Chairman James Sensenbrenner, R-Wisconsin, last week assigned a subcommittee headed by Rep. Lamar Smith, R-Texas, to investigate charges of unethical conduct on the part of Real, a federal judge for nearly 40 years.

Real, 82, allegedly seized control of a bankruptcy case involving a defendant he knew, Deborah M. Canter, estranged wife of one of the owner's of Canter's Delicatessen, then allowed the defendant 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 stay.

A divided Ninth Circuit 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.

A national judicial panel reviewing the decision took no action, saying the Ninth Circuit inquiry was inadequate. Ninth Circuit Chief Judge Mary M. Schroeder then ordered a new probe, but Sensenbrenner declined to await the outcome of those proceedings.

 

Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

Sandra S. Ikuta, the former California Resources Agency deputy director and general counsel, was sworn in July 13 to succeed Judge James Browning, who took senior status Sept. 1, 2000. Ikuta was confirmed last month by a vote of 81-0.

Two vacancies remain on the court.

The Senate Judiciary Committee on May 4 voted 10-8 on a party-line vote to send the nomination of N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party, to the full Senate. President Bush nominated Smith on Dec. 16 to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Sen. Dianne Feinstein, a member of the Judiciary Committee, rallied Demo­cratic opposition to the nomination, saying that since both Trott-who moved to Idaho after his appointment-and his predecessor were from California, Trott's successor should come from this state as well.

Smith was unanimously rated "well qualified" by the American Bar Association's judicial evaluating panel.
Judge Thomas G. Nelson took senior status Nov. 14, 2003. The nomination of William G. Myers III to succeed Nelson was sent to the floor by the Senate Judiciary Committee in 2004 on a party-line vote of 10-8.

President Bush resubmitted Myers' nomination on Feb. 14 of last year.

Republican senators tried and failed in July of last year to force a floor vote on the nomination of Myers. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against. No agreement concerning Myers was reached when a bipartisan group of senators reached a compromise to avert filibusters on several other nominees.

Myers, who was first nominated on May 15, 2003, is a former solicitor of the Department of the Interior and now practices law in Boise, Idaho. He was rated "qualified" by a "substantial majority"-meaning at least two-thirds-of the ABA committee and "not qualified" by the panel's other members.

�

Former State Bar President Andrew Guilford was sworn in July 7 to succeed Judge Dickran M. Tevrizian, who took senior status on Aug. 5 of last year. Guilford was confirmed by the Senate last month by a roll call vote of 93-0, and will have a ceremonial enrobement in Orange County on Friday.

Los Angeles Superior Court Judge Valerie L. Baker was nominated May 4 to succeed Judge Consuelo Marshall, who took senior status on Oct. 24 of last year. She was unanimously rated "well qualified" by the ABA.

Los Angeles Superior Court Judge Philip Gutierrez was nominated April 24 to replace Judge Terry J. Hatter Jr., who took senior status on April 22 of last year. Gutierrez drew a unanimous rating of "well qualified" from the ABA.

Judge Gary Taylor took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30 of last year. Judge Nora Manella left the court in May following her appointment to the Court of Appeal for this district.

Judge Ronald S.W. Lew will take senior status September 19.


There are no vacancies.

First District

Justice Laurence T. Stevens of Div. Five retired Feb. 28.

Seats in other districts are filled
Los Angeles Superior Court


There are vacancies on the court resulting from the retirements of Judge Michael Knight Feb. 21, Judge Paula A. Mabrey April 28, Judge Charles Rubin April 30, and Judge Stephen Petersen June 26.

Deputy District Attorney Judith L. Meyer was elected to succeed Petersen, effective Jan. 8. Successors to Knight, Mabrey, and Rubin are being elected in November runoffs.

Former Deputy District Attorney Darrell S. Mavis, named to the court June 20, took up his assignment handling custody arraignments at the Metropolitan Court on July 14. Former Deputy District Attorney Lori Ann Fournier, named to the court the same day as Mavis, began work at the Torrance courthouse July 6 and is hearing misdemeanor cases.

The governor announced June 9 he would re-appoint Judge Dzintra Janavs, who was defeated in the June 6 primary election, "as soon as she completes the paperwork." Janavs' current term expires Jan. 8.

Commissioners Beverly Mosley and Roberta Lee retired last month and have been succeeded by Lori Behar and Martin Campos. Com­mis­sioners Martin L. Goestch and James Copelan are on long-term medical leave.

Legislation of Interest to the Legal Community

The following legislation of interest to the legal community was acted on in July:

�AB 1806, by the Committee on Budget, which will, among other things, increase the salaries of all California judges by 8.5 percent as of Jan. 1, increase the number of attorney positions authorized for the Capital Habeas Resource Center from 30 to 34, and authorize additional trial court funding. The bill was signed by Gov. Arnold Schwarzenegger and became took effect as an urgency measure on July 12.


 

 

 


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