End of the Month

U.S. Senate Judiciary Committee Approves Michael Fitzgerald’s Nomination to U.S. District Court...President Obama Nominates Arizona Jurist to Ninth Circuit...ABA Rates Watford ‘Well Qualified,’ Nguyen ‘Qualified’ for Ninth Circuit

Judges, Lawyers Under Scrutiny

Ricardo Torres II
Los Angeles Attorney

The District Attorney’s Office said July 6 it is investigating whether Torres, a onetime rising star in local politics, should be charged with a crime based on his admitted misappropriation of client funds. A senior prosecutor said an investigation had been opened earlier, but was suspended because State Bar disciplinary proceedings were pending.

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.

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

President Obama on Nov. 2 nominated Andrew Hurwitz, vice chief justice of the Arizona Supreme Court, to succeed Judge Mary M. Schroeder, who is taking senior status Dec. 31. Hurwitz received a unanimous rating of “well qualified” from the American Bar Association’s evaluating committee.

On Oct. 17, the president nominated Los Angeles attorney Paul J. Watford to fill the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21. Watford was unanimously rated “well qualified” by the ABA.

Obama nominated U.S. District Judge Jacqueline Nguyen of the Central District of California on Sept. 22 to the open seat on the court. Nguyen was unanimously rated “qualified” by the ABA.

The Senate Judiciary Committee on Sept. 8 reported favorably the nomination of Alaska Supreme Court Justice Morgan Christen, who was nominated May 18 to fill the seat left vacant when Judge Andrew Kleinfeld took senior status June 12 of last year. Christen was unanimously rated “well qualified” by the ABA.

There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004.

The Senate Judiciary Committee on Nov. 3 favorably reported the nomination of Michael W. Fitzgerald nominated on July 20 to succeed Judge A. Howard Matz. Matz took senior status July 11.

Fitzgerald received a unanimous “well qualified” rating from the ABA.

No nomination has been made 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.

A vacancy will occur if and when Judge Jacqueline Nguyen is confirmed to the Ninth U.S. Circuit Court of Appeals.

There are no vacancies.

Second District

Justice Paul Coffee is retiring from Div. Six in January.

Third District

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

Forth District

Presiding Justice David Sills retired June 1 and died Aug. 23. The governor has sent the name of Justice Kathleen O’Leary to the JNE Commission as a possible successor.

Sixth District

Justice Richard McAdams retired Feb. 28. The governor has sent the name of Santa Clara Superior Court Judge Brian Walsh to the JNE Commission as a possible successor.
Justice Wendy Duffy retired month.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Dennis Aichroth retired Feb. 17 and Judge Conrad Aragon Feb. 18. Judge Jerry E. Johnson retired March 3, while Judge Marlene Kristovich retired March 31. Judge John Kronstadt joined the U.S. District Court on April 25.

Judge Charles Horan retired May 6, Judge Andrew Kauffman May 15, Judge William Birney July 7, Judge John Shook July 15, and Judge Martha Bellinger July 31. Three judges retired in September—Judith Champagne Sept. 1, Michael Latin Sept. 5, and Maral Injejikian Sept. 6.

Judge Peter D. Lichtman will retire tomorrow and Judge Marjorie Steinberg will retire at the end of the year. Judge Joan Comparet-Cassani will retire April 28.

Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy Public Defenders Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle, Brentford Ferreira and Debra Cole; Montebello attorney and school board member Edwin Chau; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright; Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Dennis Mulcahy and Kenneth Taylor; and Los Angeles attorney Angel Navarro.

Commissioner Patrick Larkin is on medical leave.

Commissioner Ralph Amado died Oct. 17 of last year. Commissioner Martin Goetsch retired March 31, Commissioner Cathrin DeVoe April 26, and Commissioner Martin Green June 25 of this year.

Commissioners Burt Barnett and William R. Torres retired July 31.

A Superior Court spokesperson said this month that nine commissioners will leave the court at the end of the year under terms of a voluntary separation program that will pay them six months salary, freeing up funds from the 2012-2013 budget.

Commissioners Robert Axel, Stanley Genser, and A. Michael Kautz have confirmed that they are among the nine. A source identified Armando Moreno, Richard Brand, Gary Bounds, Rita Baird, and Barry Kohn as among the others.

Legislation of Interest to the Legal Community

The Legislature was not in session this month.