March
31,
2010

A report on where
things
stand



Judge Silberman Seeks S.C. Review After Court of Appeal Denies Bid to Throw Out Indictment...U.S. Senate Judiciary Committee Approves Obama Nomination of O.C. Judge to U.S. District Court...Hearing on Ninth Circuit Nominee Liu Postponed Due to GOP Action



Judicial Elections

The following judicial contests will appear on the June 8 primary ballot. (Official ballot designations in parentheses.):

• Office No. 28—Edward J. Nison (Criminal Homicide Prosecutor), Kim Smith (Criminal Pro­secutor), Mark K Ameli (Arbitra­tor/Me­dia­tor/Litigator), Kendall C. (Ken) Reed (Attorney/Arbitrator/Mediator), Chris Garcia (Criminal Prosecutor), C. Edward Mack (Cri­minal Trial Attorney), Elizabeth Moreno (Ar­bitrator/Mediator), and Randy Hammock (Superior Court Referee), for the seat now held by Judge Emily Stevens. Campaign consultants working in the race are Fred Huebscher for Smith, David Gould for Ameli, Cerrell Associates Inc. for Garcia and Jill Barad for Hammock.

• Office No. 35—Soussan (Suzanne) Bruguera (Superior Court Judge) and Douglas W. Weitzman (Public Rights Attorney.) Huebscher is Bruguera’s consultant.

• Office No. 73—Marvin G. Fischler (Attor­ney/Me­dia­tor/Arbitrator) and Laura A. Matz (Superior Court Judge.)

• Office No. 107—R. Stephen Bolinger (Juvenile Advocate Attorney), Valerie Salkin (Gang Prosecutor) and Tony de los Reyes (Attorney/Hearing Officer) for the seat now held by Judge William Weisman, who has scheduled his retirement for May 11. Salkin has retained the Cerrell firm, while Barad is the consultant for de los Reyes.

• Office No. 117—Alan Schneider (Gang Homicide Prosecutor), Pattricia M. Vienna (Attorney-at-Law), Tom Griego (Criminal Prosecutor) and William M. Margolin (Consumer Trial Attorney), for the seat now held by Judge William Pounders. Huebscher is Schneider’s consultant, while Parke Skelton is working for Griego.

• Office No. 131—Jim Garo Baklayan (Civil Liti­gation Attorney) and Maren Elizabeth Nelson (Superior Court Judge). Nelson has retained Huebscher.


Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

The Court of Appeal for this district, on March 2, summarily denied a petition by Silberman, a Los Angeles Superior Court judge since January of last year, for a writ of mandate or prohibition requiring the trial court to dismiss a felony indictment for solicitation to induce a candidate not to run for public office. On March 15, Silberman petitioned the state Supreme Court to review the denial.

Silberman and two campaign consultants are accused of offering monetary inducements to Deputy District Attorney Serena Murillo, whom Silberman—then a Superior Court commissioner—defeated in the June 2008 primary, to withdraw from the contest for that seat. Orange Superior Court Judge Richard M. King, who is hearing the case as an assigned Los Angeles Superior Court judge, earlier dismissed charges against the three defendants of soliciting bribes, but denied their motions to throw out the election-law charges..

Lori Ann Jones
Los Angeles Superior Court Commissioner

Jones, a court commissioner since March 2006, was placed on paid administrative leave Sept. 18 of last year following the release of grand jury transcripts in which she testified to having conveyed to then-judicial candidate Serena Murillo a suggestion that funds would be available to pay Murillo’s filing fee in the event she were willing to seek election to a judicial office other than that sought by then-Commissioner Harvey Silberman. Jones said she made the call as an accommodation to Evelyn Jerome Alexander, a campaign consultant who was representing Silberman at the time and who later represented Jones.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, faces pretrial conference April 7 on five felony embezzlement counts. The conference before Los Angeles Superior Court Judge Bob Bowers Jr. was continued from March 10.

Wolf is accused of having taken settlement funds from his clients in multiple personal injury, workers’ compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients’ trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10, 2006 and faces 23 disciplinary charges, including failure to deposit funds into a trust account, receiving an illegal fee, charging an unconscionable fee, failure to account for client funds, failure to release a client’s file, failure to pay client funds promptly, failure to account for client funds, conversion of funds sent to him by mistake, and multiple counts of failure to maintain funds in a trust account, misappropriation of client funds, and failure to cooperate in State Bar investigations.

Richard I. Fine
Disbarred Attorney

Fine, whose efforts to free himself from coercive imprisonment for contempt of court have been rebuffed at just about every level of the state and federal courts, has now turned to the judge who sent him to jail in the first place.

The 70-year-old onetime antitrust lawyer, on March 25, filed a “Demand for an Immediate Farr hearing.” The reference is to In Re Farr (1974) 36 Cal.App.3d 577, which held that a coercive contempt commitment for disobeying a court order becomes punitive, and thus subject to a five-day limit, “where disobedience of the order is based upon an established articulated moral principle” and there is no “substantial likelihood that continued commitment will accomplish the purpose of the order upon which the commitment is based.”

Fine has been confined to the Twin Towers jail since being held in contempt March 4 of last year by Los Angeles Superior Court Judge David Yaffe. Yaffe ordered Fine jailed for as long as he refuses to respond to questions asked at a judgment debtor examination, and jailed for five days for holding himself out as entitled to practice law after being placed on involuntary inactive status by the State Bar Court.

The judgment debtor exam is part of an effort to collect sanctions imposed on Fine by Yaffe in the case of Marina Strand Colony II Homeowners Assn vs. County of Los Angeles, BS109420. Fine argued Yaffe should have disqualified himself from the outset of the case because he, like apparently every other Los Angeles Superior Court judge, has received benefits from the county over and above his state salary.

Yaffe said the argument, whether meritorious or not, was waived because Fine was aware of the payments at least 10 months before he raised the issue.

Fine returned to the trial court earlier this year in his efforts to seek release, having been turned down by every other court whose jurisdiction he sought to invoke, including the U.S. Supreme Court. In his latest filing, he cites a complaint filed by a supporter with the United Nations, claiming that Fine’s continued imprisonment constitutes torture.

Mitchell Roth
Former Superior Court Candidate

Roth, a candidate for the Los Angeles Superior Court in 2004, has filed for personal bankruptcy, stalling a lawsuit filed by Attorney General Jerry Brown July 6 of last year. The attorney general charged Roth and foreclosure consultant Paul Noe Jr. with having defrauded some 2,000 desperate homeowners into paying exorbitant fees for “phony lawsuits” to forestall foreclosure proceedings.

Noe did not answer the complaint, and a spokesman for Brown said a default judgment was being sought.

The complaint alleges that the suits were filed and abandoned, even though homeowners were charged $1,800 in upfront fees, at least $1,200 per month and contingency fees of up to 80 percent of a home’s value.

The Los Angeles Superior Court assumed jurisdiction over Roth’s law practice in February, allowing the State Bar to take control of his Sherman Oaks, San Diego and Riverside law offices. The State Bar said Roth had been hospitalized due to severe depression, leaving several clients in foreclosure defense litigation cases subject to losing their homes and facing eviction.

Roth did not contest the takeover of his practice or the State Bar’s subsequent motion to place him on involuntary inactive status, which was granted by State Bar Court Judge Richard Honn last April 23. Roth tendered his resignation from the State Bar on May 29 of last year rather than face disciplinary charges.

Walter Karabian
Attorney and Former Legislator

Karabian, 72, faces an April 23 pretrial conference in connection with a misdemeanor charge of assault with a deadly weapon for allegedly hitting a parking attendant with his car during a USC football game last year.

Karabian allegedly tried to drive his car into a parking structure at Exposition Park at around noon on Dec. 5 but was stopped by an attendant who told him he did not have the proper permit.

After being refused entry, he allegedly drove his car forward, striking the parking attendant—identified in the complaint as Yventte Bueno—several times.

The woman was not seriously injured but was taken to the hospital. The case is being handled by the district attorney because the ex-lawmaker’s son, Benjamin Karabian, is a deputy city attorney.

The elder Karabian is a former deputy district attorney and was elected to the state Assembly from a Monterey Park district at the age of 28 in 1966. He became the youngest majority leader in the Assembly’s history at the age of 33, and served four terms before leaving politics in 1974 after a failed run for secretary of state..


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

A hearing on President Obama’s Feb. 24 nomination of UC Berkeley law professor Goodwin Liu to fill an open position on the court, which was created Jan. 21 of last year, has been postponed to April 16. The hearing was to have been held this month, but was put off when Republicans, in a state of pique following approval of health care legislation, objected to the Judiciary and other committees meeting while the Senate was in session.

The president on March 25 nominated U.S. District Judge Mary H. Murguia of the District of Arizona to succeed Judge Michael Daly Hawkins, who took senior status Feb. 12. There is one other vacant seat, previously held by Judge Stephen Trott, who took senior status in 2004.

 

The Senate Judiciary Committee on March 18 favorably reported the nomination of Orange Superior Court Judge Josephine S. Tucker to succeed Judge Alicemarie Stotler, who took senior status Jan. 5 of last year. The president nominated Tucker, who was unanimously rated “Well Qualified” by the American Bar Association’s evaluation committee, on Feb. 4 and her hearing was held Feb. 18.

There are two remaining vacancies, as Judge Florence-Marie Cooper died Jan. 15 and Judge Stephen G. Larson resigned Nov. 2 of last year to join the law firm of Girardi | Keese.




There are no vacancies.


Second District Los Angeles Superior Court Judge Elizabeth Grimes was nominated Feb. 18 to succeed now-Presiding Justice Patricia Bigelow as an associate justice of Div. Eight and faces an April 5 confirmation hearing.

Third District

Justice Fred Morrison retired at the end of January of last year. Justice Rodney Davis retired Feb. 16 of last year, and Justice Richard Sims III said he will retire sometime between October of this year and January of next year.

The name of Sacramento Superior Court Judge Jaime R. Roman has been sent to the JNE Commission as a possible appointee to the court.

Fourth District

Justice Barton Gaut is retiring from Div. Two Feb. 28.

Fifth District

Justice Steve Vartabedian is retiring today.

Seats in other districts are filled.

Los Angeles Superior Court


Judge Michael Mink retired on March 2, Judge William Chidsey on Feb. 26 and Judge Terry Friedman—who recently joined JAMS as a private judge—on Feb. 28. Earlier vacancies resulted from Judge Jacqueline Nguyen’s resignation in December to join the federal bench; the retirements of Judge Brett Klein on Nov. 30, Bob T. Hight on Nov. 1, Judith Chirlin on Sept. 15, Josh Fredricks on Sept. 12 and John Farrell on July 7; and the conversion to judgeships of four vacant commissioner positions.

The governor on Feb. 18 appointed Deputy Attorney General Karen M. Ackerson-Brazille, Brown White and Newhouse partner David R. Fields, Superior Court Commissioners Reva G. Goetz and Paul T. Suzuki, Deputy District Attorneys Laura L. Laesecke and Shellie L. Samuels, and Assistant U.S. Attorney Sally L. Meloch to the court.

Ackerson-Brazille is sitting in a criminal courtroom in Compton, Fields is at Children’s Court in Monterey Park, Goetz remains in probate court downtown, Laesecke is assigned to a criminal courtroom in the Long Beach Courthouse, Samuels is at the San Fernando Court­house, Suzuki is still at the Metropolitan Court­house, and Meloch is at the Metropolitan Courthouse as well.

A newly created position on the court was to have been funded as of June 1, 2008, but legislation in response to the state budget crisis postponed the effective date, first to June 1 of last year, and then to June 1 of this year.

Judge William Weisman is scheduled to retire on May 11.

Judge Paul Gutman is on extended sick leave and might not return to the court. Judge Harvey Silberman is disqualified while under felony indictment. Judge Emily Stevens is on leave and expected to retire.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorney Carla Ford; former Deputy District Attorney Christopher Darden, now in private practice; former Assistant U.S. Attorney David P. Vaughn, now a managing director of the litigation and consulting firm FTI Consulting, Inc.; criminal defense specialist Steven Cron of Santa Monica; Los Angeles Assistant City Attorney Gary Geuss; Los Angeles Deputy City Attorneys Timothy R. Saito, Richard Kraft and Edward J. Perez; state Deputy Attorneys General Steven D. Matthews, Emilio E. Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand; Deputy District Attorneys Teresa Sullivan, Sean Hassett, Frances D. Young, Jennifer Lentz Snyder, Joseph Markus, Steven I. Katz, Alison S. Matsumoto, Jeffrey Gootman and John D. Harlan II; Commissioners Lia Martin, Scott Gordon, Michele Fleurer, Cynthia Zuzga, John Slawson, Rocky L. Crabb, Michael Convey, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, Mark Zuckman and Loren DiFrank; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Angel Navarro; Deputy Alternate Public Defender Jerome J. Haig; Deputy Public Defender Lisa Brackelmans; Securities and Exchange Commission lawyer Martin Joseph Murphy; Los Angeles attorneys Marc Marmaro, David Herriford, Philip J. Ganz Jr., Marshall Mintz, Anthony de los Reyes, Howard Fields, Michael Wilner, Shan K. Thever, John L. Carlton, Adrienne Krikorian, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman; Pasadena attorney Warren Gilbert; Glendale attorney Mark J. MacCarley; Tujunga lawyer John K. Raleigh; Woodland Hills attorney John Cha; Westlake Village attorney Michael Nebenzahl; and Karlene Goller, counsel for the Los Angeles Times.

Commissioner Murray Gross is retiring today.

Commissioner Michael Duffy retired Aug. 30. Commissioner Patrick Larkin is on medical leave.

Commissioner Ralph Olson is set to retire between now and June, a court spokesperson said. Commissioner Dennis Shanklin retired March 15.

Commissioner Steven Lubell retired March 4.


Legislation of Interest to the Legal Community

The following bills of interest to the legal community were acted upon in March:

SB 203, by Sen. Tom Harman, R-Costa Mesa, which would abrogate the holdings in People v. Hertzig (2007) 156 Cal.App.4th 398 and People v. Manfredi (2008) 169 Cal.App.4th 622 by providing that a person in possession of multiple obscene images of children is guilty of a separate crime for each such image. The bill, which passed the Senate in January, was scheduled for hearing in the Assembly Public Safety Committee March 2, but the hearing was canceled at the request of the author.



 

 

 


Copyright Metropolitan News Company, 1999-2010