End of the Month

Jan. 18 Preliminary Hearing Set for Attorney Mervyn Wolf, Accused of Stealing From Clients...Eight New Superior Court Judges to Take Office Jan. 8... James Rogan Nominated to U.S. District Court

Judicial Elections

Four new judges were elected in runoffs Nov. 7 (candidate's ballot designations are in parentheses):

• Office No. 8-Deborah L. Sanchez (Criminal Prosecutor) defeated Bob Henry (California Deputy Attorney-General), for the seat previously held by Judge Charles Rubin, who retired April 30.

• Office No. 18-Daviann L. Mitchell (Criminal Gang Prosecutor) defeated John C. Gutierrez (Administrative Law Judge), for the seat vacated by Judge Michael E. Knight, who retired in February.

• Office No. 102-Hayden Zacky (Criminal Gang Prosecutor) outpolled George C. Montgomery (Criminal Civil Attorney), for the seat of Judge Marion Johnson, who retired Oct. 17.

• Office No. 144-David W. Stuart (Criminal Prosecutor) topped Janis Levart Barquist (Deputy City Attorney), for the seat vacated by Judge Paula Mabrey, who retired April 28.

Judges, Lawyers Under Scrutiny

Manuel Real
U.S. District Judge, Central District of California

The impending Democratic takeover of the House of Representatives makes it unlikely that further action will be taken on potential impeachment charges against Real, a federal judge for nearly 40 years, at least prior to the conclusion of an inquiry by the Ninth Circuit Judicial Council.

A hearing opened on Sept. 21 before the Crime, Terrorism, and Homeland Security Subcommittee of the House Judiciary Committee, headed by Rep. Lamar Smith, R-Texas on charges that Real, 82, improperly seized control of a bankruptcy case involving a defendant he knew, Deborah M. Canter, estranged wife of one of the owners of Canter's Delicatessen, then allowed the defendant to live rent-free for years in a house she'd been ordered to vacate.

After the landlord, the Canter Family Trust, appealed, the Ninth Circuit reversed, holding that Real lacked good cause for taking control of the case and re-imposing the stay.

A divided Judicial Council accepted Real's acknowledgment that he should have explained his reasons for taking jurisdiction over the bankruptcy and staying the eviction, and his assurance that "[h]e does not believe that any similar situation will occur in the future." It took no disciplinary action under a federal law which permits it to so, saying that the purpose of the statute is not to punish judges, but to assure the fair administration of the laws.

A national judicial panel reviewing the decision took no action, saying the Ninth Circuit inquiry was inadequate. Ninth Circuit Chief Judge Mary M. Schroeder then ordered a new probe.

The outgoing chairman of the full Judiciary Committee, James Sensenbrenner, R-Wis., declined to await the outcome of those proceedings, but committee Democrats appear willing to do so.

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for nearly 40 years, faces a Jan. 18 preliminary hearing on charges of embezzling more than $300,000 from his clients.

Wolf is accused of having taken settlement funds from his clients in six personal injury, workers' compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients' trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10 and faces discipline in connection with several matters. He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues.

He is also the subject of a $25,000 sanctions award-much of which remains unpaid, opposing counsel told the MetNews-for failing to disclose a prior settlement with a joint tortfeasor that should have been credited towards his client's recovery in a personal injury case.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There are two vacancies on the court.

The nominations of N. Randy Smith, a trial judge from Pocatello, Idaho and former chairman of his state's Republican Party, and William G. Myers III, a former solicitor of the Department of the Interior who now practices law in Boise, Idaho, were resubmitted to the Senate Nov. 15 after having been returned to the president prior to the pre-election recess.

The Senate Judiciary Committee on Sept. 21 voted 10-8 on a party-line vote to send the nomination of Smith to the full Senate, but no vote was taken before the recess. President Bush nominated Smith on Dec. 16 of last year to fill the vacancy created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Sen. Dianne Feinstein, a member of the Judiciary Committee, rallied Democratic opposition to the nomination, saying that since both Trott-who moved to Idaho after his appointment-and his predecessor were from California, Trott's successor should come from this state as well.

Smith was unanimously rated "well qualified" by the American Bar Association's judicial evaluating panel.
The committee had approved Smith by the same 10-8 vote in May, but the nomination was returned to the president when the Senate took its summer recess. President Bush resubmitted the nomination Sept. 5.

Myers was originally nominated in May 2003 in anticipation of Judge Thomas G. Nelson taking senior status, which he did on Nov. 14, 2003. The nomination was sent to the floor by the Judiciary Committee in 2004 on a party-line vote of 10-8.

Republican senators tried and failed in July of last year to force a floor vote on the nomination. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against. No agreement concerning Myers was reached when a bipartisan group of senators reached a compromise to avert filibusters on several other nominees.

Myers was rated "qualified" by a "substantial majority"-meaning at least two-thirds-of the ABA committee and "not qualified" by the panel's other members.

There are five vacancies on the court.

Orange Superior Court Judge James E. Rogan was nominated Nov. 15 to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal May 22.

The nominations of Los Angeles Superior Court Judges Valerie L. Baker and Philip Gutierrez were approved by the Senate Judiciary Committee Sept. 21.

Baker was nominated May 4 to succeed Judge Consuelo Marshall, who took senior status on Oct. 24 of last year. She was unanimously rated "well qualified" by the American Bar Association's evaluations panel.

Gutierrez was nominated April 24 to replace Judge Terry J. Hatter Jr., who took senior status on April 22 of last year. Gutierrez drew a unanimous rating of "well qualified" from the ABA.

Los Angeles Superior Court Judge George Wu was nominated to the court Sept. 5 in anticipation of Judge Ronald S.W. Lew taking senior status, which he did on September 19.

Los Angeles Superior Court Judge Otis Wright II was nominated Sept. 5 to succeed Judge Gary Taylor, who took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30 of last year.

There are no vacancies.

First District

Justice Laurence T. Stevens of Div. Five retired Feb. 28.

Seats in other districts are filled

Los Angeles Superior Court

Eight newly elected judges are due to take office Jan. 8.

They are Lynn D. Olson, who defeated Judge Dzintra Janavs in the June primary; Daniel Lowenthal, who succeeds Judge Barbara Burke, who took disability retirement Oct. 24; Susan Lopez-Giss, elected in June to succeed Judge Larry Knupp, who is retiring Dec. 31; Bobbie Tillmon, elected without opposition to the seat of Judge Morris Jones, who retired Nov. 13; Deborah L. Sanchez, who will succeed Judge Charles Rubin, who retired April 30; Daviann Mitchell, who will fill the seat from which Judge Michael Knight retired in February; Hayden Zacky, elected this month to the seat from which Judge Marion Johnson retired Oct. 17; and David Stuart, who fills the seat left vacant by the April 28 retirement of Judge Paula Mabrey.

There are two other vacancies on the court, resulting from the death of Judge Jack Morgan Nov. 10 and the granting of disability retirement to Judge Hugh C. Gardner on Oct. 24.

Judge Chris Conway is due to retire Feb. 2.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorneys Elena J. Duarte and David P. Vaughn, criminal defense specialist Steven Cron of Santa Monica; Los Angeles Deputy City Attorney Edward J. Perez; state Deputy Attorney General E. Eugene Varanini IV, Deputy District Attorneys David Gelfound and Laura Louise Laesecke; Commissioners Mitchell Beckloff, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, and Loren DiFrank; Referee Steven Berman; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Los Angeles attorneys Adrienne Krikorian, Mark A. Borenstein, and Lawrence P. Brennan Jr.; and Century City attorney Howard S. Fredman.

Commissioners Martin L. Goestch and James Copelan are on long-term medical leave.

There will be a commissioner vacancy when Bobbie Tillmon begins her judicial term in January.

Legislation of Interest to the Legal Community

The Legislature is in recess.