Oral arguments were held Nov. 21 in the Ninth U.S. Circuit Court of Appeals on Tamman’s appeal from his Nov. 13, 2012 conviction and seven-year prison sentence for efforts to obstruct an investigation into one of his clients by the Securities and Exchange Commission.
Following a two-week bench trial, Tamman was found guilty 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 now argues on appeal that his jury waiver should not have been accepted because he was under the influence of several psychotropic drugs at the time. He also contends that the sentence is excessive and that hearsay evidence was improperly admitted at trial.
His client, former fund manager and radio personality John Farahi, was sentenced to 10 years in prison for running the scheme, which involved false promises that investors’ money—more than $24 million was collected, prosecutors said—would be invested in corporate bonds backed by the Troubled Assets Relief Program.
Tamman’s interim suspension from the State Bar took effect Feb. 18 of last year. An additional suspension for not paying bar dues took effect July 2 of last year.
Tamman, who had left the firm of Nixon Peabody LLP, where he was a partner, while the SEC was investigating, is now suing the firm, contending in his complaint that he was “thrown under the bus” by the firm, so that his partners could get their hands on his $1.5 million book of business. An anti-SLAPP motion brought by the firm was denied on Sept. 30.

There are no vacancies.

Judge Audrey B. Collins retired Aug. 1 to join the state Court of Appeal.

Stanford Law School professor Mariano-Florentino Cuellar was elected to the court Nov. 4 for a full 12-year term that will begin Jan. 5.
On Nov. 24, the governor nominated Justice Department attorney Leondra R. Kruger to succeed Justice Joyce L. Kennard, who retired April 5.

Gov. Jerry Brown named six new judges on Nov. 16—Hector E. Gutierrez, Colin P. Leis, Lillian Vega Jacobs, Rob B. Villeza, Shirley K. Watkins and Michael E. Whitaker. Watkins succeeds Judge Cynthia Rayvis, who took disability retirement Aug. 22 and died Dec. 28 of last year, and the others fill positions that were converted last year from vacant commissioner posts.
Thirteen deputy district attorneys were elected to the court June 3 and will take office Jan. 5.
Amy Carter will succeed Judge Michael Solner, who retired in February; Carol Rose will fill the seat last held by Judge Ronald Sohigian, who retired in April; Shannon L. Knight will fill the seat now held by Judge Lance Ito; Chris J. Frisco will succeed Judge Joseph DiLoreto, who retired July 31; Alison Matsumoto Estrada will replace Judge Harvey Giss, who retired July 16; Ann H. Park takes the seat of Judge Arthur M. Lew, who retired Oct. 15; Serena R. Murillo will fill the post last held by Judge Daniel Lopez, who retired Oct. 1; Teresa Pineda Magno succeeds Judge David Milton, who retired in February; Joan M. Chrostek will replace Judge Bob S. Bowers Jr., who retired Nov. 14; Stacy Wiese will fill the seat last held by Judge R. Bruce Minto, who retired in March; Carol Najera will replace Judge James B. Pierce, whom she defeated; Donna Hollingsworth Armstrong will take the seat formerly held by Judge Carlos Uranga, who retired in April; and Andrew Cooper will succeed Judge Jessica Perrin Silvers, who retired in February.
Judges-elect Tom Griego and Jacqueline Lewis will take office Jan. 5 as well.
Judge Leslie A. Dunn retired Nov. 10. Judges who retired earlier this year include Janice Croft Feb. 18, John Meigs March 7, Candace Beason April 15, Wendy L. Kohn June 6, Antonio Barreto Jr. Sept. 5, Steven Ogden Sept. 24, and James Steele Sept. 30.
Judge Brian Hoffstadt was elevated to the Court of Appeal Aug. 28.
Judge Charles W. McCoy retired Sept. 1 of last year.
There is a vacancy in a position that the Legislature authorized but has never funded, and a number of commissioner positions have been converted to judgeships. Among those whose names have been sent to the JNE Commission as possible appointees to judgeships are South Pasadena attorney Mark S. Priver; Deputy District Attorneys Kevin Stennis, Candace Foy Smith, Leonard Torrealba, Kathleen Tuttle and Brentford Ferreira; Court of Appeal staff attorneys Frank J. Menetrez, Kenneth E. Roberson and Kim Nguyen; Superior Court Commissioners Anthony Trendacosta, Collette Serio, Marilyn Kading Martinez, Robert Kawahara, Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, Dennis Mulcahy and Kenneth Taylor; State Bar Court Judge Richard Honn; Deputy County Counsel Julie Ann Silva; Glendale attorney Kenneth Wright; Los Angeles attorneys Timothy Martella and Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.
The name of Ed Chau was sent to the commission prior to his election to the state Assembly.
Commissioner Douglas Haigh retired Sept. 26 and Commissioner John Johnson Aug. 30. Another commissioner vacancy will exist on Jan. 5 when Jacqueline Lewis takes over the judgeship to which she was elected Nov. 4.

The Legislature was in recess during November. It returns to session today.