June
30, 2014 |
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A report on where |
Scott Yun Becomes Newest Bankruptcy Judge in Central District of California...Two Judicial Contests Go to Runoffs, as Incumbent Judge James Pierce Loses Seat..Justice Marvin Baxter Says He Will Not Seek New Term |
Thirteen new judges were elected—three without opposition—on June 3, with two contests going to runoffs: |
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A ceremonial investiture for the court’s newest judge, Michelle T. Friedland, was held in San Francisco June 13. Retired U.S. Supreme Court Justice Sandra Day O’Connor, for whom Friedland once worked as a law clerk, administered the oath of office. |
U.S. Attorney Andre Birotte Jr. was nominated April 3 to succeed Judge Gary Feess, who took senior status March 13. |
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Justice Joyce L. Kennard retired April 5. Justice Marvin Baxter announced June 18 that he will not seek retention in November’s election. |
![]() 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. Second District Presiding Justice Joan Dempsey Klein of Div. Three is not seeking retention. Her term will end Jan. 5. 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 of last year. |
Los Angeles Superior Court
Gov. Jerry Brown appointed eight new judges July 18—former County Bar President Richard J. Burdge Jr., civil attorneys Rupert A. Byrdsong and Christopher K. Lui, Superior Court Commissioner David J. Cowan, former Los Angeles Deputy Mayor Brian S. Currey, Assistant U.S. Attorney Sherilyn P. Garnett, and Deputy Public Defenders Enrique Monguia and Gustavo N. Sztraicher. |
Legislation of Interest to the Legal Community
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The Legislature took the following action on bills of interest to the legal community in June. •AB
296 by Assemblymember Donald Wagner, R-Tustin, which, as passed last year in the Assembly, would have permitted a lawyer with a military spouse or domestic partner to receive a provisional license permitting the practice of law as long as the spouse or partner remains on active duty in the state, subject to various conditions. The bill was amended in the Senate June 13 by deleting all of the Assembly-passed language and replacing it with unrelated content. •AB 2098 by Assemblymember Marc Levine, D-San Rafael, which would provide that a military veteran’s service-connected mental illness be treated as a mitigating factor in whether to impose the low, middle, or high base prison term under the Determinate Sentencing Law. A provision of the original bill that would have made such illness a mitigating factor in death penalty cases was eliminated in the Assembly by amendment. As amended, the bill passed the Assembly 73-0 April 7. The bill, with amendments, passed the Senate Public Safety Committee June 10 by a vote of 6-0. •AB 2171 by Assemblymember Bob Wieckowski, D-Fremont, which would grant residents of residential care facilities for the elderly many of the legal protections now given to residents of nursing homes. The bill passed the Assembly May 28 by a vote of 42-20 and was sent to the Senate, where it was amended June 15 to add additional enforcement provisions. •AB
2746 by the Assembly Judiciary Committee, the State Bar dues bill for next year. As amended in the Assembly, the bill increases the voluntary contribution for legal services for low-income persons. The bill passed the Assembly May 15 by a vote of 76-0. As amended in the Senate June 18, dues would be increased by $7 in order to pay administrative costs. •SB
1010 by Sen. Holly Mitchell, D-Los Angeles, which would eliminate disparities in sentencing for crimes involving crack cocaine and those involving the same amount of powder cocaine. The bill passed the Senate May 28 by a vote of 21-12 and passed the Public Safety Committee in the Assembly June 17 by a vote of 5-1, and was sent to the Appropriations Committee. •SB 1188 by Sen. Hannah-Beth Jackson, D-Santa Barbara, which would expand the definition of fraud or deceit in the Consumer Legal Remedies Act to include the suppression or omission of a material fact by one who is bound to disclose it or who gives information of other facts that are likely to mislead for want of communication of that fact, and would provide that a fact is material if a reasonable person would attach importance to its existence or nonexistence in determining a choice of action in the transaction in question. The bill was amended May 20 to clarify that it does not “expand or restrict warranty rights or obligations,” and was passed May 28 by a vote of 21-14 and sent to the Assembly, where a Judiciary Committee hearing scheduled for June 24 was cancelled at the request of the author. |
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