March 31,
2000 |
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A
report on where |
Altman,
Hollinger Retire From Los Angeles Superior Court...Kakita Sets Retirement
for May 8...Bill to Exempt Self-Employed Workers From Jury Service Amended
to Narrow Focus
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Judges,
Lawyers Under Scrutiny
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Murphy, a judge since 1992, was charged this month with dereliction of duty by the Commission on Judicial Performance. The commission charged that the judge, who has claimed health problems, has missed more than 500 court days since 1996, has been continuously absent since September of last year, and has not indicated when he intends to return to work. An attorney for Murphy said the judge plans to apply for disability retirement. His response to the commission is due April 19. In addition, Murphy—a member of the Citrus Municipal Court before taking his oath last month as a Superior Court judge under unification—faces trial in a suit charging him with fraud. The suit relates to a complex series of financial transfers in which the judge may have been involved in 1996 and 1997. Murphy apparently remains under investigation by the District Attorney's Office and the federal Justice Department regarding those transfers. One of Murphy's co-defendants in the suit, Arnold Secord, testified before a federal grand jury in December. The suit was brought by Prudential Securities, Inc. and Smith Barney Inc. The securities firms claim that Murphy helped a close friend, Dr. George Taus, conceal from the doctor's ex-wife, Susan Taus, a portion of the funds to which she was entitled as a result of a marital settlement agreement. The firms are suing because a National Association of Securities Dealers arbitration panel held them responsible for paying the funds over to the doctor and required them to reimburse Susan Taus. In a related action, the trustee of George Taus' bankruptcy estate has sued Murphy and others for the return of nearly $1.9 million that the trustee claims was wrongfully taken from the estate. Efforts to settle the suits have fallen apart. The first bid failed, attorneys said, because Murphy would only settle if the United States Attorney's Office promised not to prosecute, and no such promise was made. The second try unraveled last week, lawyers said, because Murphy and Taus could not come up with their shares of the $550,000 settlement. The investigations and suits involve transfers which appear to have been initiated by Taus, a close friend of Murphy. The suits have been consolidated for discovery purposes, but no trial has been set in the trustee's suit. In another action, Murphy and his former counsel, Thomas Dovidio, were ordered to pay more than $2,000 in sanctions as a result of Murphy's failure to comply with discovery requests in a suit brought against two lawyers. Encino attorney and former Murphy friend Paul Ottosi obtained the order from Orange Superior Court Judge Robert Monarch, who is hearing the suit brought by Murphy against Ottosi and Newport Beach lawyer Paul Jacobs. In a complaint filed Sept. 30, Murphy claims that Ottosi—a co-defendant in the two federal cases—illegally recorded conversations between them and that Ottosi and Jacobs disseminated the contents. The dissemination of the recordings, Murphy alleges, was a substantial factor in the cardiac and stress-related health problems that have kept him off the bench. |
Judicial
Elections
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One Superior Court and six municipal court contests were decided on March 7, with two municipal court runoffs slated for Nov. 7. Although the municipal courts of Los Angeles County ceased to exist when unification took effect Jan. 22, a state law governing the transition to a unified court requires that elections proceed as if the municipal courts still existed, where the candidate filing process began before unification. The following races were decided in the primary: Los Angeles Superior Court Deputy District Attorney Katherine Mader defeated South Bay Municipal Court Commissioner Douglas Carnahan and Superior Court Referee Jeffrey Marckese for the seat being vacated by Judge Richard Montes. Antelope Municipal Court Judge Pamela Rogers was reelected, defeating Palmdale attorney William Clark and Acton lawyer Larry Layton. Also, Deputy District Attorney Christopher Estes defeated David Bianchi, a partner in a Lancaster firm, for the seat of Judge William Seelicke, who decided not seek another term. Beverly Hills Municipal Court Deputy District Attorney Richard A. Stone Jr. defeated sole practitioner Mitchell Dawson, Superior Court Commissioner Hugh Bobys, and West Los Angeles attorney John A. Khoury for the seat being vacated by Judge Judith Hollinger, who was Judith Stein prior to her recent marriage. Downey Municipal Court Judge Jesse Rodriguez defeated Downey sole practitioner Kirt Hopson. Inglewood Municipal Court Deputy District Attorney Patricia Titus defeated Superior Court Commissioner Deborah Christian for the seat of Judge Kenneth Vassie, who will step down after more than 32 years on the court. Los Angeles Municipal Court Judge Richard Rico turned back a challenge by Glendale lawyer Bernita "Susan" Borges. There will be two races on the Nov. 7 ballot: Alhambra
Municipal Court Los
Angeles Municipal Court |
Judiciary:
Vacancies, Appointments
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San Francisco attorney Marsha Berzon, 54, and U.S. District Judge Richard Paez, 53, of Los Angeles were confirmed March 9, reducing the number of vacancies on the 28-judge court to four. Paez, a judge of the U.S. District Court for the Central District of California since 1994, succeeds Judge Cecil F. Poole. Poole took senior status Jan. 15, 1996 and died Dec. 12, 1997. Paez was nominated for the seat on Jan. 26, 1996 and was twice cleared by the Judiciary Committee, but didn't get a floor vote until this month. Paez, a former presiding judge of the Los Angeles Municipal Court, was approved by a vote of 59-39. He drew opposition from conservatives, in part for his negative comments concerning Proposition 209, which repealed affirmative action programs in California. Republican senators Bennett of Utah, Chafee of Rhode Island, Collins of Maine, Domenici of New Mexico, Gorton of Washington, Hatch of Utah, Jeffords of Vermont, Lugar of Indiana, Mack of Florida, Roth of Delaware, Smith of Oregon, Snowe of Maine, Specter of Pennsylvania, and Stevens of Alaska joined the Senate's 45 Democrats in voting for the nomination. Berzon was nominated on Jan. 27, 1998 for the seat of Judge John T. Noonan, who took senior status Jan. 1, 1997. Action on the nomination was delayed as conservative senators submitted multiple sets of written questions concerning cases she handled on behalf of the American Civil Liberties Union. President Clinton resubmitted the nomination on Jan. 26 of last year. Berzon was confimed by a vote of 64-34. She received the support of all of the senators who voted for Paez except Domenici and Gorton, and also picked up Republicans Burns of Montana, Fitzgerald of Illinois, Frist of Tennessee, Kyl of Arizona, Santorum of Pennsylvania, Thompson of Tennessee, and Warner of Virginia. A partner in Berzon, Nussbaum, Berzon & Rubin, Berzon has served as associate general counsel for the AFL-CIO and has argued four cases before the U.S. Supreme Court, where she clerked for Justice William Brennan. U.S. District Judge Johnnie Rawlinson of Nevada was nominated this month to succeed Judge Melvin Brunetti, who took senior status Nov. 11. Seattle attorney Richard C. Tallman was nominated Oct. 20 to succeed Judge Betty B. Fletcher, who took senior status Nov. 1, 1998. Tallman—a former prosecutor who was a partner at Seattle's Bogle & Gates before co-founding a new firm in 1998—was designated after Washington Chief Justice Barbara Durham withdrew, saying her husband was ill. Honolulu attorney James E. Duffy Jr., a former president of both the Hawaii State Bar Association and the Hawaii Trial Lawyers Association, was nominated on June 17 of last year to succeed Judge Cynthia Holcomb Hall. Hall took senior status Aug. 31, 1997. Duffy, who would be the court's only active judge from Hawaii, is a Minnesota native who went to Hawaii after graduating from Wisconsin's Marquette University Law School. He has been in private practice there since 1971 and has been a partner in the firm now known as Fujiyama, Duffy, and Fujiyama since 1974. San Francisco attorney Barry P. Goode was nominated on June 24, 1998, and again on Jan. 26 of last year, to succeed Judge Charles E. Wiggins, but has yet to clear the Judiciary Committee. Wiggins, who died March 2, took senior status Dec. 31, 1996. Goode is a litigator at McCutchen, Doyle, Brown & Enersen and an adjunct professor of environmental law at the University of San Francisco. |
U.S. District Court The elevation of Judge Richard Paez to the Ninth Circuit leaves the court with four vacancies. Sen. Barbara Boxer recommended this month that San Luis Obispo Superior Court Judge Teresa Estrada-Mullaney be nominated to succeed Judge William Keller, who took senior status Oct. 29. Los Angeles attorney Dolly Gee and Santa Monica lawyer Fredric Woocher were nominated May 27 of last year to fill the seats left vacant by the retirement of Judge John Davies and the elevation of Judge Kim Wardlaw to the Ninth Circuit, both of which occurred in July 1998. Woocher had a confirmation hearing Nov. 10, but the Senate adjourned without a committee vote on the nomination. Gee is still waiting for a hearing. The court is in the process of selecting a magistrate judge to succeed Virginia Phillips, who was confirmed late last year as a district judge. |
There
are no vacancies.
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Courts of Appeal This District (Second District) Justice John Zebrowski retired from Div. Two Nov. 3. The governor has sent the names of Los Angeles Superior Court Judges Paul Boland, Kathryn Doi Todd, and Robert Mallano to the Commission on Judicial Nominees Evaluation as potential appointees. Funding for additional positions will be available this year as a result of the passage of the state budget last June, but the Legislature didn't act during last year's session to create the positions. Legislation to be considered this year would add one member to each division, although there is support for an amendment that would add two divisions instead. It would take a two-thirds vote of both houses, however, for any legislation to take effect prior to Jan. 1, 2001. Fourth District Justice Edward Wallin retired from Div. Three Feb. 16 to become a private judge. Fifth District Justice William
Stone retired at the end of September. |
The newly unified court will have 20 vacancies when Judge Judith Hollinger's retirement takes effect April 10. Hollinger's last working day was Friday. When unification took effect Jan. 22, the Superior Court had 10 vacancies. Six of those were due to the retirements of Judges Enrique Romero March 7, Sherman Smith April 4, Robert H. O'Brien Aug. 16, Jaime Corral Sept. 6, Edward Ross Sept. 9, and Stephen Lachs Oct. 3. The other vacancies resulted from the death of Judge Richard McLain Jan. 2, the appointment of Judge Gary Feess to the federal bench effective Aug. 18, the elevation of Judge Candace Cooper to the Court of Appeal Nov. 8, and Judge Florence-Marie Cooper's assuming her U.S. District Court judgeship Nov. 29. In addition, the Long Beach Municipal Court had a vacancy resulting from Judge G. William Dunn's May 1 retirement, and the Los Angeles Municipal Court had three vacancies resulting from the July 6 retirement of Judge Ronald Schoenberg and the election two years ago of Judges John Harris and Alban Niles to the Superior Court. Since unification occurred, five judges have retired—Isabel Cohen Jan. 31, Robert Parkin and Bruce Sottile Feb. 6, Sherril Luke Feb. 19, Robert Altman March 13. Also, Judge Edward Kakita will retire May 8. Judges Marvin Rowen and Frederick Lower Jr. are also expected to retire soon, but have not set dates, a court official said. |
Bills
Affecting the Legal Community
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The following legislation related to the legal profession was acted upon in March —SB 1367, by Sen. Adam Schiff, D-Pasadena, would maintain State Bar dues at their current level—$395 for most lawyers—next year. The bill, which passed the Senate Judiciary Committee with a 6-0 vote Feb. 29, was amended March 9 to double-join it to SB 1420, a spot bill by Senate President Pro Tem John Burton, D-San Francisco. Burton has said SB 1420 could be amended into a vehicle for State Bar reforms. SB 1367 awaits a vote by the full Senate. —SB 1591, by Sen. Pete Knight, R-Palmdale, would require courts to preserve all grand jury records for at least one year. The bill was rejected March 28 on a 3-6 vote of the Senate Judiciary Committee. The bill may be brought back to the committee at a later date. —SB 1823, by the Senate Committee on Elections and Reapportionment, would repeal the requirement that superior court judges be residents of the county of the court to which they were elected or appointed. The bill also would delete the requirement that a candidate for judicial office file a duplicate copy of his or her declaration of intention to run. The bill was scheduled for an April 5 hearing in the Senate Committee on Elections and Reapportionment. —SB 1864, by Sen. Richard Mountjoy, R-Arcadia, would exempt self-employed Californians from jury duty on the basis of undue hardship. The bill was amended March 27 to limit the exemption to those who are self-employed full-time in a licensed business, and for whom jury service would cause a substantial financial hardship. The bill was scheduled for an April 11 hearing in the Senate Judiciary Committee. —SB 2090, by Sen. Kevin Murray, D-Los Angeles, would increase state oversight of educational programs for court reporters. Minor amendments were made March 28, and the bill was set for an April 4 hearing in the Senate Judiciary Committee. —AB 1761, Assemblywoman Marilyn Brewer, R-Newport Beach, would increase state regulation of paralegals. The bill was approved March 28 by the Assembly Judiciary Committee, 13-1, and was sent to the Assembly Appropriations Committee. —AB 1796, by Assemblyman Lou Papan, D-Millbrae, would increase compensation of grand jurors to $25 a day, plus mileage. The bill was approved on a 13-0 vote March 28 by the Assembly Judiciary Committee, and was sent to the Assembly Appropriations Committee. —AB 1814, by Assemblyman Ted Lempert, D-Palo Alto, would allow breastfeeding mothers to claim an exemption from jury service on the basis of undue hardship. The bill was approved on a 13-0 vote March 28 by the Assembly Judiciary Committee, and was sent to the Assembly Appropriations Committee. —AB 1858, Assemblywoman Gloria Romero, D-Los Angeles, would require lawyers to include their State Bar membership numbers on business cards and printed advertisements. The bill was approved on a 10-3 vote March 28 by the Assembly Judiciary Committee and was sent to the Assembly Appropriations Committee. |
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