End of the Month

Two Lawyers Face Sentencing in February Following Convictions in Separate Corruption Cases...Brown Nominates Three to Court of Appeal, Confirmation Hearings Set for Dec. 20...Los Angeles Superior Court Judge Phillip Hickok to Retire Early Next Year

Judges, Lawyers Under Scrutiny

Ricardo Torres II
Disbarred Los Angeles Attorney

Torres, a onetime rising star in local politics, faces sentencing before Los Angeles Superior Court Judge George C. Lomeli on Dec. 6, after pleading guilty to violating Penal Code Sec. 506 by misappropriating client funds.
The plea was based on the same incident that resulted in Torres’ disbarment. 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.

David Tamman
Attorney

Tamman, a former securities partner at Nixon Peabody LLP, faces sentencing Feb. 11 after he was convicted Nov. 13 in U.S. District Court of al 10 counts of an indictment charging him with obstructing a Securities and Exchange Commission investigation into whether one of the firm’s former clients was running a Ponzi scheme.
Following a two-week bench trial, Tamman was found guilty by Judge Philip Gutierrez of the Central District of California of one count of conspiring to obstruct justice, five counts of altering documents, one count of being an accessory after the fact to his client’s mail and securities fraud crimes, and three counts of aiding and abetting the client’s false testimony before the SEC.
Tamman last year sued Nixon Peabody in Los Angeles Superior Court, contending he was “thrown under the bus” by the firm. That action was stayed in June by Judge Maureen Duffy-Lewis, pending the outcome of the federal prosecution.

John Haw
Suspended Attorney

Haw, an attorney and former construction manager for Huntington Memorial Hospital in Pasadena, faces sentencing Feb. 4 following his Nov. 21 plea of guilty to federal mail fraud charges.
Haw admitted before U.S. District Judge Percy Anderson of the Central District of California that he had committed two counts of mail fraud and participated in an illegal kickback scheme. Prosecutors said Haw paid more than $56,000 to an entity controlled by Huntington’s then-director of construction, who was previously sentenced to three years in prison.
Haw’s plea agreement contemplates a sentence of approximately one year, prosecutors said.
State Bar records show that Haw, a graduate of Western State University College of Law, was admitted to the State Bar in 1998 and was suspended in July for failure to pay dues and failure to comply with MCLE requirements.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There is one vacancy, in the seat of Judge Stephen Trott, who took senior status in 2004.

On Nov. 14, the president nominated Los Angeles Superior Court Judge Beverly R. O’Connell to succeed Judge Valerie Baker Fairbank, who took senior status March 1.
The Senate Judiciary Committee on July 19 approved the nomination of Magistrate Judge Fernando M. Olguin, nominated May 14 to fill the vacancy created by Judge Jacqueline Nguyen’s elevation to the Ninth Circuit.
On July 12, the committee approved the nomination of Jesus G. Bernal, deputy federal public defender in charge of the Riverside office, to succeed Judge Stephen G. Larson. President Obama nominated Bernal April 25 to a seat that had been vacant since Larson resigned Nov. 2, 2009.

There are no vacancies.

First District

The governor on Nov. 21 nominated one of his top aides, Jim Humes, to succeed Justice Patricia K. Sepulveda, who retired March 1 from Div. Four. Humes’ confirmation hearing will be Dec. 20.

Second District

Justice Paul Coffee retired from Div. Six on Jan. 31

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January of last year. Those whose names have been sent to the Commission on Judicial Nominees Evaluation reportedly include San Joaquin Superior Court Judge George Abdallah and Sacramento Superior Court Judges Thadd Blizzard, Helena Gweon, David Abbott, David DeAlba and Kevin Culhane.

Fifth District

Justice Betty Dawson retired May 9. Fresno Superior Court Judge Rosendo Pena Jr. was nominated for the seat on Nov. 21 and faces a Dec. 20 confirmation hearing.

Sixth District

Justice Wendy Duffy retired in October of last year. Monterey Superior Court Judge Adrienne M. Grover was nominated yesterday as her successor, and faces a Dec. 20 confirmation hearing.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Phillip Hickok is retiring in February.
Judge John Shook retired July 15 of last year, Judge Martha Bellinger July 31, Judge Judith Champagne Sept. 1, Judge Michael Latin Sept. 5, Judge Maral Injejikian Sept. 6, Judge Peter D. Lichtman Oct. 31, Judge Rita Baird Dec. 30, and Judge Burt Pines Dec. 31.
Judge Marjorie Steinberg retired Feb. 14 of this year, Judge Jacqueline Connor Feb. 24, Judge Carl J. West Feb. 29, Judge Gary Hahn March 7, Judge Rose Hom March 27, Judge Anita Dymant April 10, and Judge Joan Comparet-Cassani May 11. Judge Gary E. Daigh retired July 16, Judge Judith Vander Lans July 31, and Judge Charles Sheldon Nov. 21.
Commissioner George Kalinski retired at the end of June.
Among those whose names have been sent to the JNE Commission as possible appointees to the court are Deputy Alternate Public Defender Beverly Bourne; Superior Court Commissioners Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, David Cowan, Lloyd Loomis, Lori Behar, Dennis Mulcahy and Kenneth Taylor; Irvine attorney James L. Crandall, Deputy County Counsel Julie Ann Silva; Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle and Brentford Ferreira; Montebello attorney and school board member Edwin Chau, who is also running for the state Assembly; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright, Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Los Angeles attorney Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.

Legislation of Interest to the Legal Community

The Legislature was in recess during November.