May
2021

A report on where
things
stand



Avenatti Loses Bid to Bar Press Coverage of Voir Dire in Prosecution Over Allegedly Cheating Stormy Daniels…Circuit Judges Paez, Fletcher To Assume Senior Status…Judge Abzug to Retire Next Month



Judges, Lawyers Under Scrutiny


Michael J. Avenatti
Attorney/Convict

The judge who is presiding over proceedings in the case in which one-time prominent and monied Los Angeles attorney Michael J. Avenatti is charged with cheating former client Stormy Daniels out of $300,000 denied, on May 6, a defense motion to bar the press from voir dire in the trial, slated to start Jan. 10, 2022.

U.S. District Court Judge Jesse M. Furman of the Southern District of New York rejected the contention that the effect of press access at Avenatti’s trial before Judge Paul G. Gardephe of the same district—in which Avenatti was convicted Feb. 14, 2020 on attempted extortion and wire fraud counts—points to the need to restrict press access in the forthcoming trial. Furman wrote:

“[T]he Defendant provides zero evidence that the press coverage of jury selection in his trial before Judge Gardephe affected the fairness of that trial (or that any concerns could not be addressed through less restrictive measures, such as admonishing prospective jurors not to read any press about the case). If anything, the case for allowing press access at a trial in this case in January 2022 will be much stronger than it was in the trial before Judge Gardephe in early 2020. Put simply, given the passage of time; the fact that Donald J. Trump, the Defendant's erstwhile nemesis, is no longer President of the United States; and the Defendant's other legal troubles (including but not limited to his conviction before Judge Gardephe), the Defendant is not quite as high profile as he once was.”

The $300,000 Avenatti is accused of taking was an advance to Daniels, a porn star, in connection with her book, “Full Disclosure,” in which she tells of her affair with Trump. Avenatti allegedly forged her signature on a letter to her literary agent, directing that payments be sent to a bank account he controlled.

Sentencing in the case before Gardephe had been scheduled for May 7 but has been postponed to June 30. The conviction was based on attempting to pry nearly $25 million from Nike by threatening to expose misconduct by the sportswear giant in the recruitment of college basketball players if it did not pay.

Avenatti is facing a July 13 trial on embezzlement charges in the courtroom of U.S. District Court Senior Judge James Selna of the Central District of California. He is in home confinement in the Venice, Calif. abode of a friend, Jay Manheimer.

State Bar disciplinary charges were filed July 29, 2019, but proceedings were abated on Sept. 17 of last year in light of pending charges before Selna based on allegedly cheating clients and committing bankruptcy fraud. In light of the conviction in the Nike case, and the prospect of a sentence of 40 years or more in prison, State Bar proceedings against him are relegated to little significance, with it looming as a virtual certainty that he will ultimately be disbarred. He is under suspension based on his conviction.

Avenatti has handled a number of high-profile cases, including representation of Daniels—whose actual name is Stephanie Clifford—in her actions against then-President Donald Trump in an effort to skirt a 2016 nondisclosure agreement she signed in connection with a $130,000 pay-off for agreeing not to talk publicly of their affair in 2006. He also handled her action against the then- president for defamation.

He is also a litigant in a dissolution of marriage case in Orange Superior Court. In October, he was granted visitation rights with his son, age 6.

Philip James Layfield
Disbarred Attorney, Accused Felon, Truck Driver

Disbarred lawyer Philip James Layfield is facing a federal prosecution on multiple counts in connection with allegedly stealing his client’s funds and cheating on his taxes. The trial, repeatedly postponed, is now scheduled for Aug. 10.

 As federal investigators closed in on him on 2017, Layfield fled to Costa Rica in June of that year, was in the United States for two days in October 2017, returned to Costa Rica, and came back to the U.S. on Feb. 19, 2018. He was arrested in New Jersey one week later and was indicted here on March 9, 2018.

The prosecution began in connection with Layfield having pocketed settlement funds belonging to Josephine Nguyen, who was a client of Layfield & Barrett. She was to receive 60 percent of a $3.9 million settlement of her personal injury claim, amounting to $2.3 million.

A superseding indictment expanded the scope of the prosecution to include tax evasion and fraud for 2016 and 2017. As Layfield’s lawyer, Anthony M. Solis, summed up the charges, in a memorandum of points and authorities filed in July, the superseding indictment “alleges a broad scheme perpetrated by defendant Philip Layfield to, essentially, fleece his clients of their settlement funds, cheat attorneys out of their agreed-upon referral fees and fail to honor various tax obligations owed to the United States.”

Some of the counts have been dismissed.

The defendant was released on a $100,000 bond and is presently residing in Las Vegas.

Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There are four upcoming vacancies on the 29-member court. Judges Richard A. Paez, 74, and William A. Fletcher, 75, will be assuming senior status, on a date to be determined, it was announced this month.

Paez was appointed by President Bill Clinton. He took office on June 16, 1994.

Fletcher was also appointed by Clinton. His service on the court commenced on Oct. 9, 1998.

Also planning to assume senior status, with the date uncertain, are Judges Marsha S. Berzon, 76, and Susan Graber, 71.

 

There are six vacancies, to be filled by President Joseph Biden, and one upcoming vacancy.
•The latest vacancy was created when Judge James V. Selna took senior status on March 4. There is no nominee to replace him.

•A vacancy was created July 5, 2019, when Judge Andrew J. Guilford went on senior status.

•Judge Manuel Real assumed senior status on Nov. 4, 2018, after 52 years on the bench, and died June 26, 2019.

•Judge Beverly Reid O’Connell died Oct. 8, 2017, at the age of 52.

•Judge Christina A. Snyder took senior status Nov. 23, 2016.
•Judge Margaret Morrow went on senior status Oct. 29, 2015, and subsequently left the bench to become president and chief executive of Public Counsel, a post from which she is readying to retire.

District Court Judge Virginia Phillips, a former chief judge, is set to retire on Feb. 14, 2022, her 65th birthday. That is the first day she will be eligible to retire with full benefits.



There are no vacancies.

Second District

There are three vacancies and one that will occur June 30 when Presiding Justice Tricia Brigalow of Div. Eight retires.

Two justices—Laurie Zelon of Div. Seven and Halim Dhanidina of Div. Three—retired, and Jeffrey Johnson of Div. One was removed by the Commission on Judicial Performance.

Sitting on assignment until June 30 are Los Angeles Superior Court Judges Upinder S. Kalra and Sam Ohta, Orange Superior Court Judge Melissa R. McCormick and San Luis Obispo Superior Court Judge Rita Coyne Federman. Los Angeles Superior Court Judge Holly A. Thomas will be sitting pro tem until July 31.


Los Angeles County
 

Judge Michael D. Abzug will officially retire on June 29, with his last actual day on the bench being June 11. Two judges—John A. Torribio and Norman P. Tarle—retired last month.



 

 

 


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