The state Supreme Court, at its March 15 conference, denied review of the Commission on Judicial Performance’s public admonishment of Clarke, a judge since 2007.
Clarke was admonished by the commission Sept. 29 based on remarks he made to, and about, four potential jurors in a criminal case. The commission found the remarks to be “condescending,” “discourteous and intimidating,” and “manifestly...undignified.” It also found that the judge engaged in retaliatory conduct by ordering one of the four, who had complained about the courtroom clerk, to wait in the hallway after being excused.
The Alliance of California Judges, which filed an amicus brief in the high court supporting Clarke, said it would support a bid for certiorari to the United States Supreme Court.

There are four vacancies on the 29-judge court. Judge Harry Pregerson took senior status Dec. 11, 2015; Judge Barry Silverman took senior status Oct. 11; and Judges Richard Clifton and Diarmuid O’Scannlain took senior status Dec. 3.

There are five vacancies. Judge Audrey B. Collins retired Aug. 1, 2014 to join the state Court of Appeal; Judge Margaret Morrow took senior status Oct. 29, 2015 and subsequently left the bench to become president and chief executive of Public Counsel; Judge Dean Pregerson took senior status Jan. 28 of last year; Judge Christina A. Snyder took senior status Nov. 23 of last year; and Judge George H. King retired Jan. 6.

Justice Kathryn M. Werdegar is retiring Aug. 31.

Judge Lloyd Nash retired March 3.
Vacancies were created last year by the retirements of Judge Soussan Bruguera Dec. 15, Sally Meloch Dec. 10, Judge Steven Van Sicklen Nov. 1, Judge John Henning Sept. 8, Judge Peter Espinoza May 31, Judge Jane Johnson May 23, Judge Emilie Elias May 9, Judge Robert Willett March 9, and Judge Russell Kussman Feb. 18, and by the death of Judge Daniel Brenner Feb. 15.
Vacancies remaining to be filled from 2015 occurred as a result of the retirement of Judge Tia Fisher Aug. 1 and the resignation of Judge Jeffrey Winikow Dec. 4.
Judge David Minning is retiring on April 6.
Among those whose names have previously been sent to the governor as possible appointees to the court are West Los Angeles attorney Mark DiMaria; Deputy Alternate Public Defender Tracee May-Brewster; Altadena attorney Cynthia Cannady; Deputy Public Defenders Neetu Singh Badhan-Smith, Jose Colon and Lisa Brackelmanns; Bakersfield attorney Bernard Barrman Jr.; Century City attorney Jonathan Rosenbloom; Deputy District Attorneys Kerry White, Candace Foy Smith, Leonard Torrealba, and Kathleen Tuttle; retired Deputy District Attorney Brentford Ferreira; Los Angeles Deputy City Attorney—and former city attorney candidate—Michael Amerian; attorney/mediator Michael Diliberto; former Superior Court Referee Stephanie Davis; Los Angeles attorneys Angel Navarro and Lisa Mattern; Superior Court counsel Brett Bianco; Beverly Hills attorney Edward Tabash; South Pasadena attorney Mark S. Priver; Court of Appeal staff attorney Kenneth E. Roberson; Superior Court Commissioners Karin Borzakian, Timothy Martella, Pamela Davis, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy, Terry Truong and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel Julie Ann Silva; Glendale attorney Kenneth Wright; and Assistant U.S. Attorney Wesley Hsu.
Commissioners Rebecca Omens and Harold Mulville retired yesterday.

•AB 42 by Assemblymember Rob Bonta, D-Oakland, which, as amended March 27, would implement a revised pretrial release procedure in misdemeanor and some felony cases, including a requirement that counties establish pretrial services agencies to determine eligibility. The bill was re-referred to the Public Safety Committee March 28.

•SB 6 by Sen. Ben Hueso, D-El Centro, which would create the Due Process for All Act, and would, among other things, appropriate funds to pay lawyers to represent immigrants facing removal from the United States. As amended March 1, the bill would fix the amount of the appropriation at $12 million. As amended March 29, the bill would prohibit the use of those funds to provide counsel for violent felons and would grant priority to veterans and their spouses, as well as relatives of citizens and persons in certain other categories.

•SB 8 by Sen. Jim Beall, D-San Jose, which would expand mental health diversion, currently available only to misdemeanor defendants, to those charged with low-level felonies. As amended Feb. 21, the bill says the court may consider police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, or records by qualified medical experts, among other evidence, to determine whether the defendant’s mental issues substantially contributed to the alleged criminal conduct. The bill passed the Public Safety Committee March 21 by a vote of 5-2 and was sent to the Judiciary Committee.

•SB 29 by Sen. Ricardo Lara, D-Bell Gardens, which would prohibit local governments from contracting with private entities to detain immigrants facing deportation. The bill passed the Judiciary Committee March 28 by a vote of 5-2 and was sent to the Appropriations Committee.

•SB 39 by Sen. Richard Roth, D-Riverside, which would reallocate four vacant superior court judgeships in counties that have more judges than needed, based on Judicial Council methodology, to the counties with the greatest need. The bill passed the Judiciary Committee March 28 by a vote of 6-1 and was sent to the Appropriations Committee.