End of the Month

Superior Court Judge James Sutton to Retire Today...ABA Panel Rates Superior Court Judge Dale Fischer 'Well Qualified' for Federal Bench....Assembly Votes to Give State Board Authority Over Trial Court Personnel Disputes

Judges, Lawyers Under Scrutiny

Patrick B. Murphy
Attorney and former Superior Court judge

Murphy, who resigned from the Los Angeles Superior Court in May 2001 while on the verge of being removed from office, has asked to enter the State Bar Court's diversion program for lawyers with mental health or substance abuse problems.

Murphy responded in pro per Jan. 7 to disciplinary charges filed in November.

The proceeding largely tracks the action taken against Murphy by the Commission on Judicial Performance, which censured him and barred him "from receiving any assignment, appointment, or reference of work from any California state court."

Murphy denied "committing acts involving moral turpitude, dishonesty or corruption," in violation of Business & Professions Code Sec. 6106, as charged by the State Bar.

The charges parallel those which were found by the commission to be true: excessive absenteeism over a four-year period, engaging in outside activities when he should have been on the bench, lack of candor with the presiding judge of the Citrus Municipal Court (on which he sat prior to unification), creating administrative problems by virtue of his absences and malingering.

The notice recites that Murphy was absent from Sept. 20, 1999, until April 3, 2000; stopped working as of June 8, 2000; and resigned on May 4, 2001. Largely drawn from the commission's May 10 decision, the notice chronicles Murphy's activities during the time he was supposedly too sick to work: teaching one or two night law classes a week, completing pre-med physics and chemistry courses at Cleveland Chiropractic College in Los Angeles, and attending classes at a school of medicine on the island of Dominica in the West Indies from January to April of 2000.

Murphy does not deny those allegations, but claimed in his response that he was indeed ill, suffering from various maladies including a "phobia" regarding judicial service. His outside activities were a diversion he hoped would eventually enable him to return to the bench, he said.

Murphy also denied lying about his state of health to Rolf Treu, the presiding judge of the Citrus court.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are two vacancies and one scheduled future vacancy on the 28-judge court.

The Senate Judiciary Committee on May 8 approved the nomination of Los Angeles Superior Court Judge Carolyn Kuhl by a vote of 10-9. Kuhl was tapped by Bush in 2001 to succeed Judge James Browning, who took senior status Sept. 1, 2000.

The president nominated San Francisco Superior Court Judge Carlos Bea April 11 for the seat left vacant when the late Judge Charles Wiggins took senior status on Dec. 31, 1996. Sens. Barbara Boxer and Dianne Feinstein signed "blue slips," with Feinstein indicating support for Bea, while Boxer indicated that she favors a confirmation hearing before the Judiciary Committee but "reserves judgment" on the nomination itself.

President Bush on May 15 nominated William G. Myers III of Idaho, currently solicitor of the Department of the Interior, to succeed Judge Thomas G. Nelson, who takes senior status Nov. 14.

There are no current vacancies, but Los Angeles Superior Court Judge Dale Fischer was nominated May 1 for a new seat, created by the Department of Justice Appropriations Authorization Act signed into law last year. The seat will come into existence July 15.

Sen. Dianne Feinstein submitted a blue slip on June 17, endorsing the nomination. Sen. Barbara Boxer signed her blue slip last month.

The American Bar Association announced this month that Fischer had been rated "well qualified," the highest possible rating, by a "substantial majority" of its evaluating panel, meaning at least two-thirds of the 15 members. The remaining member or members voted Fischer "qualified."

There are no vacancies.

This District (Second District)

There is a vacancy in Div. Seven as a result of Justice Dennis Perluss' elevation to presiding justice, and a seat in Div. Eight that has been vacant since the division's creation in 2001.

The names of Los Angeles Superior Court Judges Emilie Elias and Marvin Lager have been sent to the Commission on Judicial Nominees Evaluation as potential appointees. Among those whose names were sent to the commission earlier were Los Angeles Superior Court Judges Charles Lee, Richard Rico, Aurelio Munoz, Thomas Willhite Jr., Laurie Zelon, Ralph Dau, Madeline Flier and Gregory Alarcon.

Third District

There is a vacancy resulting from former Justice Consuelo Callahan's appointment to the Ninth U.S. Circuit Court of Appeals.

Fourth District

Presiding Justice Daniel Kremer of Div. One will retire July 31. Gov. Gray Davis is expected to nominate Justice Judith McConnell for elevation to presiding justice.

Sixth District

There is a vacancy resulting from the elevation of Justice Conrad Rushing to presiding justice Jan. 21.

Seats in other districts are filled.

Los Angeles Superior Court

There are five vacancies on the court.

Judge J. Michael Byrne retired March 8, Judge S. James Otero took the federal bench Feb. 28, Judge Robert Mackey retired Feb. 25, and Judge Raymond Mireles retired April 1.

Judge J. Michael Byrne retired March 8, Judge S. James Otero took the federal bench Feb. 28, Judge Robert Mackey retired Feb. 25, Judge Raymond Mireles retired April 1, Judge Marilyn Hoffman retired June 6.

Judge James Sutton is retiring today.

Judge William C. Beverly Jr. is retiring in August.

Judge Michelle Rosenblatt is out ill.

There are currently no commissioner vacancies. Today is the last day for candidates for the new commissioner list to apply.

Legislation of Interest to the Legal Community

The following legislation related to the legal profession was acted upon in June:

•AB 155, by Assemblywoman Christine Kehoe, D-San Diego, which would provide that good cause for a continuance in a homicide or forcible sex crime case may include the temporary unavailability of forensic DNA analysis results and reports, when the DNA evidence at issue is pending analysis at a laboratory at the time a motion for continuance is made. The bill failed passage from the Senate Public Safety Committee on a 2-2 vote July 17, but was granted an opportunity to be reconsidered.

•AB 782, by Assemblywoman Christine Kehoe, D-San Diego, which would transfer authority in trial court employee issues to the California Public Employment Relations Board. The bill was approved by the Assembly on a 47-32 vote June 3, and was referred to the Senate Judiciary Committee.

•AB 1055, by Assemblyman Todd Spitzer, R-Anaheim, which would limit the use of special appropriations by district attorneys to expenses that are lawfully incurred. The bill was approved by the Senate on a 38-0 vote June 24 and was sent to enrollment before going to the governor's desk.

•AB 1095, by Assemblywoman Ellen Corbett, D-San Leandro, which would require the Judicial Council, using its own money and county funds, to create a task force on county law libraries, to make recommendations to the Legislature by Jan. 1, 2005. The bill was approved by the Assembly on a 79-1 vote June 4 and was referred to the Senate Judiciary Committee.

•AB 1101, by Assemblyman Darrell Steinberg, D-Sacramento, which would create an exception to an attorney's duty to maintain a client's confidence if the lawyer reasonably believes the disclosure of a confidence or secret is necessary to prevent the commission of a criminal act likely to result in death or substantial bodily harm to an individual. The bill was approved by the Senate Public Safety Committee on a 5-0 vote June 10 and was referred to the Senate Judiciary Committee.

•AB 1712, by the Assembly Judiciary Committee, which would authorize the court to hold certain arbitration hearings earlier to expedite the resolution of disputes. The bill was approved by the Senate Judiciary Committee on a 6-0 vote June 25 and was sent to the Senate floor.

•ACR 44, by Assemblyman Mervyn Dymally, D-Compton, which requests that bronze bas relief memorials be installed in Sacramento and Washington, D.C., in the memory of Chief Justice Earl Warren. The resolution underwent a one-word technical amendment June 23 and was referred to the Assembly Appropriations Committee.

•SB 328, by the Senate Judiciary Committee, which would correct erroneous references in the provisions for the Court Facilities Trust Fund and would increase a Fresno County criminal penalty from $5 to $7. The bill was approved by the Assembly Judiciary Committee on a 12-0 vote June 11 and was referred to the Assembly Appropriations Committee.

•SB 337, by Sen. Gloria Romero, D-Los Angeles, which would extend the statute of limitations for filing complaints relating to unlawful practice of law and to unlawful immigration consulting. The bill was approved by the Senate on a 37-1 vote June 2 and was referred to the Assembly Public Safety Committee.

•SB 660, by Sen. Jackie Speier, D-San Francisco, which would establish procedures for keeping the Social Security numbers of parties in dissolution proceedings in the confidential portion of court files. The bill was approved by the Senate on a 40-0 vote June 5, was approved by the Assembly Judiciary Committee on a 13-0 vote June 18 and was referred to the Assembly Appropriations Committee.