A panel of special masters this month largely rejected charges brought by the Commission on Judicial Performance against Clarke, a judge since 2007. The charges stem from jury selection in a murder trial. The commission making insulting remarks about individual members of the venire, who were seeking hardship dismissal, and of improperly forcing one woman to remain at court because she complained openly about the conduct of the courtroom clerk, whom she claimed made light of the woman’s anxiety disorder. Clarke testified before the masters that he had no intention of belittling anyone. But in the case of the woman who criticized the clerk, Clarke admitted he was angry, and acknowledged he could have handled the matter better, with which the masters agreed. The masters concluded he did not, with respect to any of the matters alleged, commit willful misconduct in office or conduct bringing the judiciary into disrepute.

President Obama on Feb. 25 nominated U.S. District Judge Lucy H. Koh of the Northern District of California to fill the vacancy created when Judge Harry Pregerson took senior status on Dec. 11, the day he completed 44 years of active service on the federal courts. Further vacancies will occur when Judge Barry Silverman takes senior status Oct. 11 and Judge Richard Clifton does so Dec. 31.

The nomination of Los Angeles Superior Court Judge Mark Young was reported favorably by the Senate Judiciary Committee Nov. 5. He was nominated by President Obama on July 16 to succeed Judge Audrey B. Collins, who retired Aug. 1, 2014 to join the state Court of Appeal. Judge Margaret Morrow took senior status Oct. 29 and subsequently left the bench to become president and chief executive of Public Counsel. Judge Dean Pregerson took senior status Jan. 28. Magistrate Judge Paul Abrams was nominated Dec. 16 for Pregerson’s seat. Magistrate Judge Paul Grewal to retire June 3.

There are no vacancies.

Judge Jane Johnson retired May 23, Judge Emilie Elias retired May 9, Judge Robert Willett retired March 9, Judge Daniel Brenner died Feb. 15, and Judge Russell Kussman retired Feb. 18.
Vacancies that remain unfilled were created last year by the elevations of Judges John Segal and Luis Lavin to the Court of Appeal in July; the retirements of Judges Arthur Jean, Owen Kwong, and Ronald Skyers April 30; Leland Harris May 8; Alan Goodman July 30; Thomas McKnew July 31; Tia Fisher Aug. 1; Richard Stone Aug. 28; and Reva Goetz Sept. 21; as well as the resignation of Judge Jeffrey Winikow Dec. 4 and the death of Judge Ellen DeShazer Nov. 22.
Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are Century City attorney Jonathan L. Rosenbloom; Bakersfield attorney Bernard C. Barmann Jr.; Deputy District Attorneys Shelley Dominguez, Maria Davalos, Kerry White, Candace Foy Smith, Leonard Torrealba, and Kathleen Tuttle; retired Deputy District Attorney Brentford Ferreira; Public Counsel legal director Lisa R. Jaskol; 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; Deputy Public Defenders Lisa Brackelmanns and David Hazami; Superior Court counsel Brett Bianco; Beverly Hills attorney Edward Tabash; South Pasadena attorney Mark S. Priver; Deputy District Attorneys Court of Appeal staff attorney Kenneth E. Roberson; Deputy Attorney General Kim Nguyen; 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. Commissioner William Allen sat for the last time Jan. 15 and retired March 5; Commissioner Bruce Mitchell sat for the last time Dec. 17 and retired Feb. 19.
Commissioner Wayne Denton retired March 17. Timothy Weiner, Robert Wada, James Blancarte and Karin Borzakian were elected commissioners Feb. 27.
Commissioner Harold J. Mulville is retiring March 30.

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

•AB 1682 by Assemblymember Mark Stone, D-Santa Cruz, which would bar confidentiality clauses in settlement agreements regarding claims for childhood sexual abuse. The bill was amended in the Assembly Feb. 29 to clarify that it is the confidentiality provision, not the settlement agreement itself, which is prohibited. As amended, the bill passed the Assembly April 14 by a vote of 76-0 and was sent to the Senate, which amended it May 4, expanding its scope to include claims for committing sexual assault against an elder or dependent adult.

•AB 1708 by Assemblymember Christina Gonzalez, D-San Diego. As amended May 4, the bill would make a number of changes in laws related to prostitution, including imposing a mandatory minimum jail term of 24 hours for those who pay for prostitution services, or 48 hours if the recipient is a minor or a person posing as a minor and whom the defendant believes to be a minor, to be served outside of the defendant’s regular days of employment.

•AB 1779 by Assemblymember Mike Gatto, D-Los Angeles, which would follow up on last year’s legislation authorizing nonprobate transfers of real property via a revocable transfer-on-death deed. As amended May 4, the bill would expand a mandated study of TOD deeds by the California Law Revision Commission to include other forms of nonprobate transfers, including transfers to a trust.

•AB 2341 by Assemblymember Jay Obernolte, R-Hesperia, which, as amended in the Senate May 18, would allow five previously authorized judgeships to be transferred from the counties that would receive them under the Judicial Council’s methodology for assessing need to counties with greater need. The bill previously passed the Assembly with unrelated content, which was removed in its entirety.

•AB 2667 by Assemblymember Tony Thurmond, D-Richmond, which would bar pre-dispute arbitration agreements regarding claims under the Unruh Civil Rights Act. The bill passed the Judiciary Committee April 26 by a vote of 7-3. It was amended May 19 to state that a person is not prohibited from knowingly and voluntarily entering into binding arbitration.

•SB 917 by Sen. Hannah-Beth Jackson, D-Santa Barbara, which would require a court, at the conclusion of a hearing conducted pursuant to the Family Code, to provide each party who is present at the hearing with a written order setting forth the basic terms of any orders that were made at the hearing. The bill would also require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to implement these provisions.