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.
Clarke said he intends to seek 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. 31.

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.

Gov. Jerry Brown named Fernando L. Aenlle-Rocha, Robert S. Harrison, Sarah J. Heidel, Gus T. May, Rubiya Nur, Nancy A. Ramirez, Lynn H. Scaduto, Neetu S. Badhan-Smith and J. Christopher Smith as judges of the court on May 22. Aenlle-Rocha comes to the bench from White and Case LLP and fills the vacancy created by the retirement of Judge Jane L. Johnson.
Harrison had been a commissioner of the court. He fills the vacancy created by the resignation of Judge Jeffrey K. Winikow.
Heidel has served as an assistant U.S. attorney. She fills the vacancy created by the retirement of Judge Emilie Elias.
May has been vice president of legal services and fills the vacancy created by the retirement of Judge Robert E. Willett. Nur has been a sole practitioner and fills the vacancy created by the retirement of Judge Peter P. Espinoza.
Ramirez was a commissioner of the court and fills the vacancy created by the retirement of Judge Tia G. Fisher. Scaduto has served as an assistant U.S. attorney and fills the vacancy created by the death of Judge Daniel L. Brenner.
Badhan-Smith has served as a Los Angeles deputy public defender and fills the vacancy created by the conversion of a court commissioner position. Smith was a commissioner of the court and fills the vacancy created by the retirement of Judge Russell S. Kussman.
Judge Lloyd Nash retired March 3 and Judge David Minning April 6. Vacancies that remain to be filled from last year were created by the retirements of Judge Soussan Bruguera Dec. 15, Sally Meloch Dec. 10, Steven Van Sicklen Nov. 1, and John Henning Sept. 8.
Among those whose names have been sent by the governor to the State Bar Commission on Judicial Nominees Evaluation 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 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.

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

•AB 3 by Assemblymember Rob Bonta, D-Oakland, which would, as amended, require the State Department of Social Services to seek proposals and issue grants to provide indigent immigrants with assistance in seeking relief from the consequences of past criminal convictions, subject to appropriations. The bill was amended May 9 and sent to the Appropriations Committee, then amended again and passed by that committee May 26 by a vote of 11-6, then amended again May 30.

•AB 42 by Assemblymember Rob Bonta, D-Oakland, which, as amended, would implement a revised pretrial release procedure. The bill passed the Appropriations Committee May 26 by a vote of 9-7 and was amended in the Assembly May 30.

•AB 84 by Assemblymember Gene Mullin, D-South San Francisco, which would move the statewide primary election for all offices, including judges, to the first Tuesday after the first Monday in March, in presidential election years only. The bill passed the Assembly May 4 by a vote of 52-20 and was sent to the Senate, where it was referred to the Committee on Elections and Constitutional Amendments May 18.

•AB 360 by Assemblymember Al Muratsuchi, D-Torrance, which would require the State Bar to coordinate legal aid programs for indigent veterans. The bill passed the Assembly May May 11 by a vote of 77-0 and was sent to the Senate, where it was referred to the Judiciary Committee May 24.

•AB 638 by Assemblymember Anna Caballero, D-Salinas, which, as amended, would prohibit nonlawyers from practicing as immigration consultants unless authorized by federal law to represent persons before the Department of Homeland Security or the Department of Justice. The bill passed the Appropriations Committee May 26 by a vote of 12-5 and was amended in the Assembly May 30.

•SB 6 by Sen. Ben Hueso, D-El Centro, which, as amended, would create the Expandinmg Due Process Act, and would, among other things, appropriate $12 million to pay lawyers to represent immigrants, other than those convicted of violent felonies, facing removal from the United States. The bill, which passed the Senate as an urgency measure April 3 by a vote of 28-11, was referred to the Assembly committees on Judiciary and Human Services May 18.

•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. The bill passed the Senate Appropriations Committee May 25 by a vote of 5-2.

•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 Senate Appropriations Committee May 25 by a vote of 5-2.

•SB 36 by Sen. Hannah-Beth Jackson, D-Santa Barbara, which would authorize the State Bar to impose 2018 and 2019 dues in the same amounts as in 2016. The bill would also replace the current 19-member Board of Trustees with a 13-member board consisting of seven attorneys and six public members, and spin off the State Bar sections into a separate organization. The bill passed the Senate May 15 by a vote of 38-0 and was sent to the Assembly, where it was referred to the Judiciary Committee May 26.

•SB 235 by Sen. Ben Allen, D-Santa Monica, which would regulate the use of ballot designations by judicial candidates. The bill passed the Senate May 22 by a vote of 34-1 and was sent to the Assembly.