Oral arguments are scheduled before the Commission on Judicial Performance on Aug. 24 in San Francisco after a panel of special masters largely rejected charges brought by the Commission on Judicial Performance against Clarke, a judge since 2007.
The charges stem from jury selection in a murder trial. The commission accused the judge of making insulting remarks about individual members of the venire, who were seeking hardship dismissal, and of improperly forcing one woman to remain at court because she complained openly about the conduct of the courtroom clerk, whom she claimed made light of the woman’s anxiety disorder.
Clarke testified before the masters that he had no intention of belittling anyone. But in the case of the woman who criticized the clerk, Clarke admitted he was angry, and acknowledged he could have handled the matter better, with which the masters agreed. The masters concluded he did not, with respect to any of the matters alleged, commit willful misconduct in office or conduct bringing the judiciary into disrepute.

The Senate Judiciary Committee on July 13 held a confirmation hearing for U.S. District Judge Lucy H. Koh of the Northern District of California. President Obama on Feb. 25 nominated Koh to fill the vacancy created when Judge Harry Pregerson took senior status on Dec. 11, the day he completed 44 years of active service on the federal courts.
Further vacancies will occur when Judge Barry Silverman takes senior status Oct. 11 and Judge Richard Clifton does so Dec. 31 .

Judge Christina A. Snyder will take senior status Nov. 23.
District Judge Virginia Phillips became chief judge of the district July 1, succeeding Judge George King, who stepped down with three years remaining in his term.
The nomination of Los Angeles Superior Court Judge Mark Young was reported favorably by the Senate Judiciary Committee Nov. 5. He was nominated by President Obama on July 16 to succeed Judge Audrey B. Collins, who retired Aug. 1, 2014 to join the state Court of Appeal.
Judge Margaret Morrow took senior status Oct. 29 and subsequently left the bench to become president and chief executive of Public Counsel. Judge Dean Pregerson took senior status Jan. 28.
Magistrate Judge Paul Abrams was nominated Dec. 16 for Pregerson’s seat. .

There are no vacancies.

Deputy District Attorney Maria Davalos, former Los Angeles Police Commission member Dean Hansell, Deputy Public Defender David E. Hizami, public interest lawyer Lisa R. Jaskol, Deputy District Attorney Andrew C. Kim, Head Deputy Alternate Public Defender LaRonda J. McCoy and Superior Court Commissioner William L. Sadler were named judges June 28. Davalos and Hizami will succeed Judges John Segal and Luis Lavin, elevated to the Court of Appeal last July. Hansel succeeds Judge Arthur Jean, Jaskol Judge Owen Kwong, and McCoy Judge Ronald Skyers, all of whom retired April 30 of last year. Kim fills the vacancy resulting from the retirement of Judge Leland Harris May 8 of last year, and Sadler succeeds Judge Jan Pluim, who died June 28 of last year. Vacancies remaining to be filled from last year occurred as a result of the retirements of Judges Alan Goodman July 30, Thomas McKnew July 31, Tia Fisher Aug. 1, Richard Stone Aug. 28, and Reva Goetz Sept. 21, as well as the resignation of Judge Jeffrey Winikow Dec. 4 and the death of Judge Ellen DeShazer Nov. 22.
Additional vacancies were created this year when Judge Michelle Rosenblatt retired June 2, Judge Peter Espinoza retired May 31, Judge Jane Johnson retired May 23, Judge Emilie Elias retired May 9, Judge Robert Willett retired March 9, Judge Daniel Brenner died Feb. 15, and Judge Russell Kussman retired Feb. 18.
Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are Caryn Brottman Sanders, a former president of the Santa Clarita Bar Association; Court of appeal staff attorney Gary I. Micon; Deputy District Attorneys Kerry White, Candace Foy Smith, Leonard Torrealba, and Kathleen Tuttle; retired Deputy District Attorney Brentford Ferreira; Los Angeles Deputy City Attorney—and former city attorney candidate—Michael Amerian; attorney/mediator Michael Diliberto; former Superior Court Referee Stephanie Davis; Los Angeles attorneys Angel Navarro and Lisa Mattern; Deputy Public Defender Lisa Brackelmanns; Superior Court counsel Brett Bianco; Beverly Hills attorney Edward Tabash; South Pasadena attorney Mark S. Priver; Deputy District Attorneys Court of Appeal staff attorney Kenneth E. Roberson; Deputy Attorney General Kim Nguyen; Superior Court Commissioners Karin Borzakian, Timothy Martella, Pamela Davis, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy, Terry Truong and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel Julie Ann Silva; Glendale attorney Kenneth Wright; and Assistant U.S. Attorney Wesley Hsu.
Commissioner Bruce Mitchell retired Feb. 19. Commissioner William Allen retired March 5.
Commissioner Wayne Denton retired March 17.
Commissioners Nancy Gast and Patricia Ito are retiring tomorrow.

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

•AB 2341 by Assemblymember Jay Obernolte, R-Hesperia, which, as amended in the Senate May 18, would allow five previously authorized judgeships to be transferred from the counties that would receive them under the Judicial Council’s methodology for assessing need to counties with greater need. The bill previously passed the Assembly with unrelated content, which was removed in its entirety. On June 29, the bill passed the Judiciary Committee by a vote of 6-1 and was sent to the Appropriations Committee.

•SB 1065 by Sen. Bill Monning, D-Santa Cruz, which, as amended in the Assembly June 30, would establish an expedited appeals process in actions brought under the Elder and Dependent Adult Civil Protection Act if the plaintiff was granted a trial preference based on age or terminal illness. As passed by the Senate in May, the bill would have rendered orders denying compelled arbitration non-appealable if the respondent has been granted a trial preference.

•SB 1241 by Sen. Bob Wieckowski- D-Fremont, which, as amended, would prohibit the inclusion, in any consumer contract or employment agreement entered into on or after Jan. 1, 2017, of any clause that would require a California resident to submit to a suit or arbitration in an out-of-state venue or to a choice of foreign law. The bill passed the Senate May 12 by a vote of 25-13 and was sent to the Assembly, where it was amended June 14 and again June 20, then passed the Judiciary Committee June 21 by a vote of 7-3 and was sent to the Appropriations Committee, where it passed on June 29 by a vote of 12-6.

•SB 1255 by Sen. John Moorlach, R-Costa Mesa, which will permit a trial court to set a date of separation in a divorce case on the basis of either party’s declared intent to end the marriage, combined with conduct consistent with that intent, even if the parties were living under the same roof at the time, abrogating a contrary state Supreme Court ruling last year. The governor signed the bill into law July 25.

•SB 1257 by Sen. Marty Block, D-San Diego, which would require State Bar applicants to perform 50 hours of specified pro bono service prior to admission. The bill was amended in the Senate May 3 to delay the operative date to Jan. 1, 2018 and to require the State Bar to conduct random compliance audits. The bill passed the Senate May 9 by a vote of 26-9 and was sent to the Assembly, where it was amended June 23 and again June 30, to permit “part-time” law school faculty members, not merely those classified as “adjunct,” to supervise students performing such service.