End of the Month

White House Pondering Lichtman, Drooyan for Federal Bench, Sources Say...Judges Smith, Kough, Commissioners Stephens, Castner Slate Retirements...Tax Credit for Legal Services
Stalls in Committee

Judges, Lawyers Under Scrutiny

Vicki M. Roberts
Attorney and former Superior Court candidate

Roberts, who lost a runoff to David Mintz for an open seat on the Superior Court in November 2000, was charged last May with misdemeanor counts of arson and conspiracy in connection with an alleged arson-for-profit scheme.

ROBERTS

Roberts told the METNEWS that the allegations are false, and that she has "never seen" the building in question.

Roberts' home was searched in December 1998, pursuant to a warrant. Investigators removed about 45 boxes of documents, including records Roberts claims are subject to the attorney-client and work-product privileges.

Roberts, who is represented by Los Angeles attorney Richard Sherman, demurred to the complaint. The demurrer is pending, as is a motion to disqualify the District Attorney's Office for conflict of interest.

Roberts has also sued the city of Los Angeles and the District Attorney's Office, claiming the search of her home violated her civil rights. U.S. District Judge Dean Pregerson dismissed the action, based on the Rooker-Feldman doctrine prohibiting lower federal courts from interfering in state judicial proceedings.

In her appeal, which is currently pending before the Ninth U.S. Circuit Court of Appeals, Roberts argues that an exception to the doctrine applies because she was not given a full and fair hearing on her constitutional claims in state court.

Judicial Elections

Two Superior Court judges were reelected in the March 5 primary. A deputy district attorney won an open seat, two deputy district attorneys will face off for another open seat on Nov. 5, while one deputy district attorney faces a private lawyer that day, one will face a workers' compensation judge, and one will face a State Bar Court judge.

Primary results were as follows:

• Office No. 2 - Deputy District Attorney Hank Goldberg received 290,418 votes, or 36.88 percent. He will be in a runoff with Santa Monica lawyer Joseph Deering, running as an "Eldercare Attorney," who received 256,047 votes, or 32.51 percent. The third candidate, Workers' Compensation Judge Donald Renetzky received 241,045, or 30.61 percent.

Deering used the services of Crotty Consulting of San Diego. Renetzky retained Fred Huebscher as his campaign consultant. The runoff winner will succeed retired Judge Michael Pirosh.

• Office No. 39 - Deputy District Attorneys Richard Naranjo and Craig Renetzky face a runoff. Naranjo got 306,128 votes, 39.88 percent of the total, to Renetzky's 278,569, or 36.29 percent. Acton attorney Larry H. Layton, who runs a small law school and ran as "Law School Professor," received 182,929 votes, or 23.83.

Renetzky, the son of Office No. 2 candidate Donald Renetzky, also retained Huebscher as his consultant. The runoff winner will succeed Judge Richard Spann.

• Office No. 40 - Judge Floyd Baxter was reelected with 543,747 votes, or 76.32 percent. Newhall attorney Ross Alan Stucker got 168,691 votes, or 23.68 percent. Baxter's campaign was run by Huebscher.

• Office No. 53 - Deputy District Attorney Lauren Weis was elected to succeed Judge Michael Kanner. She received 386,532 votes, or 51.46 percent of the total.

Former Los Angeles Superior Court Commissioner Richard Espinoza, running as "Attorney," got 177,858 votes, good for 23.68 percent, mid-Wilshire practitioner and Los Angeles Police Department Board of Rights member Richard S. Harrison, running as "Attorney/Hearing Officer, picked up 113,205 votes, or 15.07 percent, and Covina attorney H. Don Christian ran last with 73,504 votes, or 9.79 percent.

Huebscher was Weis' consultant.

• Office No. 67 - State Bar Court Judge Paul Bacigalupo faces Deputy District Attorney David Gelfound in the runoff. Bacigalupo received 270,214 votes, 36.36 percent, to Gelfound's 216,190 votes, or 29.09 percent. Also in the race were Los Angeles Superior Court Commissioner Steven K. Lubell 145,838 votes, or 19.62 percent, and Pasadena attorney David Crawford, 110,940 votes, or 14.93 percent.

Consultants working on the campaigns are Huebscher for Gelfound and Garcia-McCoy-Lee for Bacigalupo. The winner will succeed retired Judge David Finkel.

• Office No. 90 - Judge C. Robert Simpson Jr. was reelected with 484,327 votes, or 66.93 percent, to 239,320 votes, or 33.07 percent, for Glendale attorney Kenneth E. Wright. Simpson used Cerrell Associates Inc. as his consultant.

• Office No. 100 - Deputy District Attorney Richard Walmark and Workers' Compensation Judge John C. Gutierrez face off Nov. 5. Walmark received 355,527 votes, 46.06 percent, to 311,446, or 40.35 percent, for Gutierrez. The third candidate, Encino trial attorney Thomas H. Warden, received 104,875 votes, or 13.5 percent.

Huebscher is Walmark's consultant, while Mark Siegel is doing Gutierrez's campaign. The winner will succeed Judge Reginald Dunn.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are four vacancies on the 28-judge court, the most recent one occurring when Judge Procter Hug Jr. took senior status Jan. 1.

Judge James Browning took senior status Sept. 1 of last year. Previous vacancies resulted when Judge Cynthia Holcomb Hall took senior status Aug. 31, 1997 and when the late Judge Charles E. Wiggins took senior status Dec. 31, 1996.

President Bush resubmitted the nominations of Los Angeles Superior Court Judge Carolyn B. Kuhl and Hawaii attorney and Republican activist Richard R. Clifton on Sept. 4.

Kuhl and Clifton were originally nominated June 22. The nominations were returned to the president on Aug. 3 when a disagreement over other nominees resulted in the Senate returning all pending nominations.

Senate rules require that all pending nominations be returned to the president when the Senate goes into recess absent unanimous consent.

Kuhl, 48, is a six-year veteran of the Superior Court bench. She previously served in the U.S. Department of Justice as a special assistant to Attorney General William French Smith, and worked in the office of the solicitor general during the Reagan administration.

Kuhl has not received a confirmation hearing, reportedly because Democratic Sen. Barbara Boxer will not sign a "blue slip." Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has declined to schedule confirmation hearings for judicial nominees without the approval of both senators from a nominee's home state.

President Clinton's nominees for the Hall and Wiggins seats, attorneys Joseph Duffy Jr. of Honolulu and Barry Goode of San Francisco, never received confirmation hearings. Goode now serves as legal affairs secretary to Gov. Gray Davis.

Los Angeles attorneys John Walter and Percy Anderson were nominated in January by President Bush to fill two of the six vacancies on the court.

Anderson, a partner in Sonnenschien, Nath & Rosenthal would succeed Judge Kim Wardlaw, who was elevated to the Ninth Circuit in July 1998. Walter, a partner in Walter, Firestone & Richter, was nominated to succeed Judge John Davies, who retired in July 1998 and is now a private judge.

The remaining vacancies resulted from Judge Carlos Moreno's confirmation as a California Supreme Court justice Oct. 17 of last year, Judge J. Spencer Letts taking senior status Dec. 19, 2000, the elevation of Judge Richard Paez to the Ninth Circuit in March 2000, and Judge William Keller's taking senior status Oct. 29, 1999.

Anderson and Walter were recommended by Gerald Parsky, a West Los Angeles attorney who was President Bush's state campaign chairman and now chairs his judicial selection committee for California. Parsky chose them from a list of candidates submitted by a bipartisan subcommittee chaired by retired Court of Appeal Justice Elwood Lui.

Other candidates recommended by Parsky and currently being reviewed by the White House, sources said, include former federal prosecutor Richard Drooyan and Los Angeles Superior Court Judge Peter Lichtman.

Magistrate Judge Brian Q. Robbins retired Feb. 22.

There are no vacancies.

This District (Second District)

There is one vacancy in newly created Div. Eight. Among those who have been evaluated by the Commission on Judicial Nominees Evaluation and could be appointed to that post are Los Angeles Superior Court Judges Gregory Alarcon, Laurie Zelon and Madeline Flier and Ventura Superior Court Judge Melinda Johnson.

Fourth District

Div. One and Div. Two each have a vacancy created by SB 1857, which took effect Jan. 1 of last year. Div. Three has a vacancy created by the June 1, 2001 retirement of Justice Thomas Crosby.

Fifth District

There is one vacancy, a newly created position under SB 1857.

Sixth District

Presiding Justice Christopher Cottle retired Aug. 31. Justice Patricia Bamattre-Manoukian is the acting presiding justice.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Jerold Krieger died Feb. 15, bringing the number of vacancies to 20.

Judges Michael Pirosh and John Gunn retired last month. Judges David Finkel, James Albracht, and Elvira Austin retired in January.

Eight judges retired last year and have not been replaced: Richard Kalustian May 8, Arnold Gold May 21, Kenneth Chotiner May 31, Kurt J. Lewin Aug. 16, Elva Soper Sept. 30, David Perez Oct. 5, Richard Charvat Nov. 5, and James Simpson-retired for disability-Dec. 10.

Three judges were elevated last year to the Court of Appeal-Laurence Rubin on Oct. 22, Paul Boland on Nov. 21, and Judith Ashmann on Dec. 7.

Vacancies also resulted from the deaths of Judge Stephen O'Neill July 10 and Judge Ronald Cappai July 17 and the removal of Judge Patrrick Couwenberg Aug. 15.

Melissa Widdifield was elected a court commissioner this month. Voting is underway to fill two vacancies, resulting from the retirements of Commissioners Manly Caloff Feb. 20 and Louis Head March 4.

Judge J.D. Smith is retiring April 4 and Judge Ann Kough May 15.

Commissioner Michael Price retired March 11. Commissioners Linda Elliott. David Stephens and Jeffrey Castner have slated retirements for this Sunday.

Legislation of Interest to the Legal Community

The following bills were acted upon by the Legislature in March:

•AB 1812, by Assemblyman Dario Frommer, D-Glendale, which would provide $5.5 million for continued operation and 65 new positions within the Los Angeles County Regional Criminal Information Clearinghouse, provided that federal funds are available for the spending. The bill was amended March 7 to eliminate state responsibility for the funding, thenapproved March 12 by the Assembly Public Safety Committee on a 6-0 vote, and was referred to the Assembly Appropriations Committee.

•AB 2055, by Assemblyman Robert Pacheco, R-City of Industry, which would eliminate the "work product" protection for lawyers in cases where "the services of a lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or fraud." On March 7, the bill was referred to two committees: the Assembly Judiciary Committee and the Assembly Public Safety Committee.

•AB 2483, by Assemblyman Manny Diaz, D-San Jose, which would establish an experimental program in four counties under which immigrants who commit traffic violations would have the option of taking a "How to Live in America" class in lieu of fines or jail time. The bill was referred to the Assembly Public Safety Committee on March 7.

•SB 1252, by Sen. Richard Alarcon, D-Van Nuys, which would create the Office of Native American Affairs within the Attorney General's Office to help foster cooperation among justice system entities. The bill was amended March 19 to include more detail, and was referred to the Senate Public Safety Committee.

•SB 1274, by Sen. Raymond Haynes, R-Riverside, which would provide a tax credit, equal to the value of services rendered, for voluntary services provided by a lawyer or doctor on behalf of any California charitable organization that helps the poor. Testimony was taken on the bill March 13 in the Senate Revenue and Taxation Committee, but no vote was taken.

•SB 1371, by Sen. Bill Morrow, R-Oceanside, which would consolidate two court reporting statutes to clarify that a transcript in longhand is to be provided to a nonparty if he is entitled to receive the transcript, whether or not he was entitled to attend the proceeding.

The bill was approved by the Senate Judiciary Committee on a 7-0 vote March 20, and was sent to the Senate floor.