May
31,
2012

A report on where
things
stand


Judicial Candidates Make Final Pitches Before Voters Go to Polls on Tuesday...Confirmation Hearings Set for Next Month on Two Nominees to Court of Appeal...State Bar Dues Bill Goes to Senate Following Unanimous Assembly Vote

Judicial Elections

There will be six contested races on next Tuesday’s ballot. The candidates, with occupational designations that will appear on the ballot, are:
Office No. 3—Sean Coen, Gang Homicide Prosecutor; Joe Escalanate, Attorney/Legal Commentator; Craig Gold, Criminal Trial Prosecutor; and Lawrence Kaldor, Domestic Violence Litigator, for the seat now held by Judge Deborah Andrews.
Office No. 10—Sanjay T. Kumar, Judge of the Superior Court, and Kim Smith, Criminal Prosecutor.
Office No. 38—Lynn D. Olson, Judge of the Superior Court, Office No. 38, and Douglas Weitzman, Consumer Rights Attorney.
Office No. 65—Shannon Knight, Gang Homicide Prosecutor; Andrea Thompson, Child Molestation Prosecutor; and Matt Schonbrun, Criminal Prosecutor, for the seat now held by Judge Judith VanderLans.
Office No. 78—James D. Otto, Judge of the Superior Court, and Kenneth R. Hughey, Retired Criminal Prosecutor.
Office No. 114—Eric Harmon, Gang Homcide Prosecutor; Ben M. Brees, Consumer Attorney; and Berg Parseghian, Environmental Lawyer, for the seat previously held by Judge Anita Dymant, who retired April 10.



Judges, Lawyers Under Scrutiny

Ricardo Torres II
Disbarred Los Angeles Attorney

Torres, a onetime rising star in local politics, was scheduled for preliminary hearing setting yesterday before Los Angeles Superior Court Judge Terry Bork. Torres is charged with violating Penal Code Sec. 506 by misappropriating client funds.
Torres reached a stipulation with State Bar prosecutors June 3, in which he agreed to be disbarred for taking almost $90,000 from clients who were seriously injured by a drunk driver in 2005. The criminal case is based on the same incident.
A candidate for the state Assembly and the Los Angeles City Charter Commission in separate 1997 elections, Torres is the son of retired Los Angeles Superior Court Judge Ricardo A. Torres, a former presiding judge, and is a nephew of retired Los Angeles Superior Court Commissioner William Torres.

Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

Senators on May 31 confirmed Los Angeles attorney Paul J. Watford by a vote of 61-34. Watford was nominated Oct. 17 for the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21. Watford was unanimously rated “well qualified” by the ABA.
Senators on May 7 confirmed U.S. District Judge Jacqueline Nguyen of the Central District of California to the Court of Appeals by a vote of 91-3. The president nominated Nguyen on Sept. 22 to the open seat on the court.
Nguyen was unanimously rated “qualified” by the American Bar Association’s evaluating committee.
The Judiciary Committee on March 1 favorably reported the nomination of Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, to succeed Judge Mary M. Schroeder, who took senior status at the end of last year. Hurwitz was nominated on Nov. 2 Hurwitz received a unanimous rating of “well qualified” from the ABA.
There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004.

 

On May 14, the president nominated Magistrate Judge Fernando M. Olguin to be a district judge. He would succeed Judge Jacqueline Nguyen, elevated to the Ninth U.S. Circuit Court of Appeals.
President Obama on April 25 nominated Jesus G. Bernal, deputy federal public defender in charge of the Riverside office, to succeed Judge Stephen G. Larson, who resigned Nov. 2, 2009 to join the law firm of Girardi | Keese. He subsequently joined the firm of Arent Fox LLP.
Judge Valerie Baker Fairbank took senior status March 1.


There are no vacancies.

First District

Justice Patricia K. Sepulveda retired March 1 from Div. Four.

Second District

Justice Paul Coffee retired from Div. Six on Jan. 31

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January of last year.

Forth District

Orange Superior Court Judge David Thompson was nominated May 18 to succeed Justice Kathleen O’Leary, who was elevated to presiding justice in February. Thompson’s confirmation hearing will take place in San Francisco June 28.

Sixth District

On May 18, the governor nominated Santa Clara County Counsel Miguel Marquez to fill a vacancy created when Justice Richard McAdams retired Feb. 28 of last year; a confirmation hearing will take place in San Francisco June 28. Justice Wendy Duffy retired in October of last year.

Seats in other districts are filled.
Los Angeles Superior Court

The governor appointed eight judges to the court May 18.
Deputy District Attorneys Halim Dhanidina and David Walgren, Assistant U.S. Attorney Peter Hernandez, Los Angeles attorneys Bruce Iwasaki and H. Clay Jacke II, and Pasadena lawyer Virginia Keeny were appointed to fill seats created by converting commissioner positions.
Deputy Alternate Public Defender Debra A. Cole was named to succeed Judge Judge Andrew Kauffman, who retired May 15 of last year, and Los Angeles attorney Jeffrey K. Winikow fills the vacancy created by the retirement of Judge William J. Birney Jr. last July 7.
Judge John Shook retired July 15 of last year, Judge Martha Bellinger July 31, Judge Judith Champagne Sept. 1, Judge Michael Latin Sept. 5, Judge Maral Injejikian Sept. 6, Judge Peter D. Lichtman Oct. 31, Judge Rita Baird Dec. 30, and Judge Burt Pines Dec. 31.
Judge Marjorie Steinberg retired Feb. 14 of this year, Judge Jacqueline Connor Feb. 24, Judge Carl J. West Feb. 29, Judge Gary Hahn March 7, Judge Rose Hom March 27, and Judge Anita Dymant April 10.
Judge Joan Comparet-Cassani, who was originally scheduled to retire April 27, postponed her departure to May 11. Among those whose names have been sent to the JNE Commission as possible appointees to the court are Irvine attorney James L. Crandall, Deputy County Counsel Julie Ann Silva; Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle and Brentford Ferreira; Montebello attorney and school board member Edwin Chau, who is also running for the state Assembly; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Lori Behar, Dennis Mulcahy and Kenneth Taylor; Los Angeles attorney Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in May.

•AB 2381, by Assemblyman Roger Hern•ndez, D-West Covina, which would extend collective bargaining rights to employees of the Administrative Office of the Courts. The bill passed the Appropriations Committee May 25 by a vote of 12-5.

•AB 2466, by Assemblyman Bob Blumenfield, D-Van Nuys, which would allow a court to order the preservation of the assets and property by persons charged with human trafficking. The bill passed the Assembly may 10 by a vote of 73-0, and was referred to the Senate Public Safety Committee May 10 by a vote of 73-0.

•AB 2685, by the Assembly Judiciary Committee, which would set 2013 State Bar dues in the present amount, without the $10 rebate authorized last year. The bill passed the Senate May 10 by a vote of 71-0 and was referred to the Senate Judiciary Committee May 24.

•SB 1133, by Sen. Mark Leno, D-San Francisco, which, as amended, would prevent persons convicted of sex trafficking minors from retaining any financial benefits from their participation in this crime. The bill authorizes the forfeiture of defendant property upon proof of only one instance of sex trafficking of a minor, as opposed to more than one instance under current law. The bill also expands the scope of property subject to forfeiture and provides a formula to redirect these resources to organizations that provide treatment and services for victims of human trafficking. It passed the Senate. May 29 on a 36-0 vote.

•SB 1186, by Senate President Pro Tem Darrell Steinberg, D-Sacramento, which would establish notice requirements for an alleged aggrieved party to follow before bringing an action against a business for an alleged violation of the disability access laws, and would require that the responsible party be allowed 90 days to fix the violation before the aggrieved party could file a treble-damage suit as permitted by existing law. The bill was amended in the Senate May 16 and passed by a floor vote of 36-0 May 29.


 

 

 


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