End of the Month

Superior Court Judge John T. Doyle to Be Arraigned Today on DUI Charges...Long Beach Attorney Pleads Guilty to Embezzling From Black Women Lawyers Group...Superior Court Judge Harvey Silberman Pleads Not Guilty to Charge He Tried to Bribe Opponent Out of Election

Judges, Lawyers Under Scrutiny

John T. Doyle
Los Angeles Superior Court Judge

Doyle, a Superior Court judge since 2000, is to be arraigned today on drunk driving charges. Officials said he was arrested about 11:15 p.m. July 2 after officers with the LAPD's South Traffic Division pulled him over in the 4500 block of Don Felipe Drive following a minor traffic collision.

Harvey Silberman
Los Angeles Superior Court Judge

Silberman, a former commissioner who was elected last year as a judge, pled not guilty July 23 to charges of solicitation to commit bribery and solicitation to induce a candidate not to run for public office. He was indicted, along with two campaign consultants, on June 24; the charges stem from last year's contest in which Silberman defeated Deputy District Attorney Serena Murillo for an open seat on the court.

Silberman and co-defendants Evelyn Jerome Alexander and Randy Steinberg are due back in court Sept. 10. The case is being heard by Orange Superior Court Judge Patrick Donahue, who was specially assigned by Chief Justice Ronald M. George.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, is scheduled for jury trial on five felony embezzlement counts Sept. 10 before Los Angeles Superior Court Judge Bob Bowers Jr. The trial was continued from May 5.

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 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.

He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues..

Richard I. Fine
Disbarred Attorney

Fine remains confined to the Twin Towers jail after U.S. District Judge John Walter of the Central District of California denied his petition for writ of habeas corpus June 29. Fine has been jailed since being held in contempt March 4 by Los Angeles Superior Court Judge David Yaffe.

The judge 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, who was disbarred in February after a largely successful 35-year career, contends that he was denied due process and a jury trial when he was jailed.

On June 24, Fine petitioned the U.S. Supreme Court to review his disbarment by the California Supreme Court. He claims disbarment violates his rights to free speech and due process. The State Bar Court ruled that Fine engaged in moral turpitude by continuously relitigating issues on which he had been ruled against.

Fine was disbarred based on State Bar Court Hearing Judge Richard Honn's finding 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.

The attorney 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 last year 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.

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 not guilty on July 24 of last year to charges of conflict of interest and misappropriation of public funds. He is alleged to have personally benefited from a loan program designed to assist city employees in purchasing and improving housing within the city.

Further proceedings are scheduled Aug. 31 before Judge Michael Pastor at the Foltz Criminal Justice Center, following a pretrial conference last month.

Mitchell Roth
Former Superior Court Candidate

The attorney general sued Roth, a candidate for the Los Angeles Superior Court in 2004, and foreclosure consultant Paul Noe Jr. on July 6, alleging that the two defrauded some 2,000 desperate homeowners into paying exorbitant fees for "phony lawsuits" to forestall foreclosure proceedings.

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 possible disbarment after pleading guilty July 29 to charges she embezzled $26,000 from the group in 2004. Wright, who repaid the money some time ago, is expected to be placed on probation for one year, with no jail time, at her sentencing Dec. 2.

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, 2010.

There are three vacancies on the court.

Judge Nora Manella resigned to become a justice of this district's Court of Appeal in 2006. Judge George Schiavelli resigned Oct. 5 of last year. Judge Alicemarie Stotler took senior status Jan. 5.

Judge Florence-Marie Cooper has scheduled her retirement for March 15 of next year.

There are no vacancies.

First District

Three new justices were confirmed and sworn in yesterday. Justices Kathleen M. Banke, formerly of the Alameda Superior Court, and Robert L. Dondero, formerly of the San Francisco Superior Court Judge , both join Div. One. Terence L. Bruiniers was elevated from the Contra Costa Superior Court to serve in Div. Five.

The new justices succeed William Stein, who retired from Div. One at the end of August; Douglas E. Swager, who retired from Div. One Dec. 31; and Linda M. Gemello, who retired from Div. Five Jan. 4.

Second District

Victoria G. Chaney and Jeffrey M. Johnson were confirmed July 1 as justices in Div. One.

Chaney, formerly a Los Angeles Superior Court judge, was sworn in immediately following the vote. Johnson, a federal magistrate judge for the Central District of California, will be sworn in Monday.

The pair were named to vacancies resulting from Robert Mallano's elevation to presiding justice and from Justice Miriam Vogel's retirement on July 3 of last year.

Presiding Justice Candace Cooper retired from Div. Eight Dec. 31. Acting Presiding Justice Laurence Rubin's name has been submitted by the governor to the Commission on Judicial Nominees Evaluation as a candidate to replace Cooper..

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.

Fifth District

Justice Thomas Harris died Nov. 12.

Seats in other districts are filled.

Los Angeles Superior Court

The governor named eight new judges-LAUSD Assistant General Counsel Stephanie M. Bowick, Commissioners Henry J. Hall and Randall F. Pacheco, Deputy District Attorneys Renee F. Korn and Olivia Rosales, private practitioners Ralph C. Hofer and Stephen M. Moloney, and Senior Deputy County Counsel Gary Y. Tanaka-on July 16.

The new judges fill vacancies created by the resignation of Judge Joe W. Hilberman, the conversion of three commissioner positions to judgeships, and the retirements of Judges Rodney G. Forneret (now deceased), Robert Schnider, Darlene E. Schempp, and Kenneth A. Black.
There are vacancies remaining as a result of the retirements of Judges John Farrell July 7, Aviva K. Bobb June 8, Robert O'Neill April 6, Aurelio Munoz March 2, and Kathryn A. Stoltz Feb. 20; the conversion of another commissioner's position, and the resignation of Judge Alice Hill. 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.

Judge Josh Fredricks is retiring Sept. 12. Judge Judith Chirlin said she intends to retire Sept. 15.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are 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 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 Steven I. Katz, Alison S. Matsumoto, Shellie Samuels, Jeffrey Gootman, John D. Harlan II and Laura Laesecke; Commissioners Cynthia Zuzga, John Slawson, Rocky L. Crabb, Michael Convey, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, 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 Anthony 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; Woodland Hills attorney John Cha; and Westlake Village attorney Michael Nebenzahl.

Commissioner H.M. "Trip" Webster III retired March 30 and Commissioner Gretchen Taylor March 31. Presiding Judge Charles W. McCoy said he has delayed calling an election to replace them due to budget constraints.

Commissioners Patrick Larkin, William Dodson and Michael Duffy are on long-term medical leave. Duffy, who sources said suffered a minor stroke in the Alhambra courthouse parking lot, is expected to retire.

Commissioner Jack Gold retired June 26.

Legislation of Interest to the Legal Community

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

•AB 27, by Assemblyman Kevin Jeffries, R-Lake Elsinore, which would increase the amount of damage required for a person to be guilty of aggravated arson from $5.65 million to $6.5 million, and extend the sunset date for existing provisions relating to property damage from Jan. 1, 2010 until Jan. 1, 2014. The bill, which passed the Assembly June 1 by a vote of 79-0, passed the Senate July 9 by a vote of 34-0.

•AB 362, by Assemblyman Jeff Miller, R-Mission Viejo, which, as amended, would create a new crime, making it a misdemeanor-punishable by up to six months in jail and/or a fine of up to $1,000-to steal, damage, or destroy election campaign signs. The bill passed the Assembly May 21 by a vote of 55-7. After being amended in the Senate June 28 to add a specific intent requirement and allow a first offense to be treated as an infraction, it was amended again July 1 and re-referred to the Appropriations Committee.

•AB 375, by Assemblyman Jim Nielsen, R-Redding/Yuba City, which would clarify the requirements for an ex parte change or modification of child custody based on a finding of recent sexual abuse or domestic violence. The bill which passed the Assembly in June by a vote of 39-0, was scheduled for hearing in the Senate Judiciary Committee July 1 but the hearing was postponed.

•AB 590, by Assemblyman Mike Feuer, D-West Hollywood, which would create a right to appointed counsel for some indigent civil litigants under pilot programs to be established by the Judicial Council and funded through increases in some court fees. The bill, which passed the Assembly June 1 by a vote of 50-29,passed the Senate Judiciary Committee July 14 by a vote of 3-2.

•AB 680, by Assemblyman Jerry Hill, D-San Mateo, which, as amended, would increase some fees for the services of sheriffs and marshals, effective Jan. 1, 2011. The bill, which passed the Assembly May 28 by a vote of 64-13, passed the Senate Judiciary Committee July 7 by a vote of 4-1.

•AB 940, by the Judiciary Committee, dealing with IOLTA. The bill, which passed the Assembly May 14 by a vote of 73-0, passed the Senate June 22 by a vote of 40-0 and was sent to the governor.

•AB 942, by the Judiciary Committee, which, as amended, would require the Judicial Council to assess the need for creation of additional judicial positions to handle family law and juvenile cases, and would authorize conversion of up to 10 subordinate judicial officer positions per year, over and above those conversions previously authorized, to judgeships in order to handle family law and juvenile court cases. The bill, which passed the Assembly June 1 by a vote of 77-2, was approved by the Senate Judiciary Committee July 7 by a vote of 5-0, amended July 14, and re-referred to the Appropriations Committee.

•AB 1046, by Assemblyman Joel Anderson, R-El Cajon, which would increase the homestead exemption from execution on a judgment to $75,000, or $100,000 if the judgment debtor or his or her spouse who resides in the homestead is, at the time of the sale, a member of a family unit, and one member of the family unit is without an interest, or with only a limited interest, as specified, in the homestead, and to $175,000 if the judgment debtor or the spouse of the judgment debtor who resides in the homestead is, at the time of the sale, 65 years of age or older, disabled, or 55 years of age or older with a limited income. The bill, which passed the Assembly May 4 by a vote of 79-0, was amended in the Senate July 1, passed the Senate July 16 by a vote of 36-0, and was sent back to the Assembly for concurrence in Senate amendments.

•AB 1090, by Assemblyman William Monning, D-Santa Cruz/Monterey, which would expressly prohibit waivers of the ethical standards for contractual arbitrators. The bill, which passed the Assembly May 14 by a vote of 71-0, passed the Senate Judiciary Committee June 9 by a vote of 4-1, passed the Senate June 22 by a vote of 30-9, and was sent back to the Assembly for concurrence in Senate amendments.

•AB 1562, which would prohibit an employer from firing an employee on the ground that the employee's wages are being garnished, unless there simultaneous garnishments based on more than five judgments. The bill, which passed the Assembly May 18 by a vote of 47-30, passed the Senate Committee on Labor and Industrial Relations July 8 by a vote of 4-2 and was sent to the Appropriations Committee.

•SB 39, by Sen. John Benoit, R-Bermuda Dunes, which would, as amended in the Assembly June 26, provide that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of a governmental emergency organization. These provisions would apply exclusively to any legal action filed on or after the effective date of the bill, which would take effect immediately as an urgency measure. The bill passed the Assembly July 1 by a vote of 76-0, passed the Senate with the Assembly amendments July 16 by a vote of 36-0, and was sent to the governor July 27.

•SB 150, by Sen. Roderick Wright, D-Inglewood, which would amend provisions related to sentence enhancements to eliminate the requirement, the validity of which is in question as a result of the U.S. Supreme Court decision in Cunningham v. California, that when there are three possible terms for the enhancement, the judge must select the middle term in the absence of aggravating or mitigating factors. The bill would amend Proposition 21, and thus requires a two-thirds majority. As amended, the bill would have a sunset date of Jan. 1, 2011. The bill passed the Senate June 3 by a vote of 39-0, passed the Assembly Public Safety Committee June 23 by a vote of 7-0, and was sent to the Appropriations Committee.

•SB 154, by Benoit, which would grant the Department of Motor Vehicles the authority, which the Court of Appeal ruled last year it does not have under existing law, to suspend the license of a driver convicted of operating a boat under the influence of drugs or alcohol. As amended, the bill would only apply to a driver who had also been convicted of driving or boating under the influence during the previous seven years. The bill, which passed the Senate May 26 by a vote of 39-0, was referred to the Assembly Appropriations Committee suspense file July 15.

•SB 219, by Sen. Leland Yee, D-San Francisco, which would abrogate the result in Miklosy v. Regents of the University of California (2008) 44 Cal.4th 876 by providing UC employees with the same rights as other state workers under the Whistleblower Protection Act. The bill, which passed the Senate in May by a vote of 23-14, passed the Assembly July 13 by a vote of 50-24 and was sent back to the Senate for concurrence in amendments.

•SB 399, by Sen. Leland Yee, D-San Francisco, would permit a trial court to review a life-without-parole prison sentence after 10 years, if the defendant was a minor when the crime was committed and certain other requirements are met. The bill passed the Senate June 2 by a vote of 23-15 and was amended in the Assembly June 25.

•SB 641, by Corbett, which would, among other things, extend the State Bar's dues authority to 2010 with no increase in dues. As amended, the bill would also raise the competitive bidding threshold for information technology contracts from $50,000 to $100,000 and state a preference that IT work be done in-house. The bill, which passed the Senate May 26 by a vote of 39-0, passed the Assembly Judiciary Committee June 23 by a vote of 10-0.

•SB 786, by Yee, which would provide that where a public entity prevails under the anti-SLAPP statute in an action for violation of the Ralph M. Brown or Bagley-Keene open meetings laws or the California Public Records Act, the entity is not entitled to an award of attorney fees unless the action was frivolous. The bill, which passed the Senate May 28 by a vote of 34-0, passed the Assembly Judiciary Committee June 23 by a vote of 9-1.