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Tuesday,
Nov. 30,
1999 |
 |
A
report on where |
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U.S.
District Judge William Keller Takes Senior Status...Ronald Gould Confirmed
To Ninth Circuit...Martin Gladstein to Join Los Angeles Municipal Court
As Commissioner Tomorrow
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Judges,
Lawyers Under Scrutiny
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Alfonso
Hermo
Retired Whittier Municipal Court
Judge
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Trial is scheduled today for Hermo, who retired in March of last year after 30 years on the court. He is charged with having helped a bailiff cover up the escape of a prisoner in January of last year. Los Angeles Superior Court Judge Lance Ito denied two motions to dismiss charges of conspiracy to obstruct justice against Hermo and suspended Deputy Sheriff Al Garces. Hermo allegedly issued a phony "own recognizance" release for the escaped prisoner and subsequently "failed to perform his duty to re-issue arrest warrants," according to the indictment returned March 17 by the grand jury. The judge personally obtained all five of the defendant's case files and marked each of them "OR," with Garces' assistance, the indictment further alleges. |
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Discovery is underway in two suits against Murphy, who apparently remains under investigation by the District Attorney's Office regarding a complex series of financial transfers in which the judge may have been involved in 1996 and 1997. Murphy is currently away from the court on sick leave. He had returned to the bench in September, after having been absent since April, when the existence of the district attorney's investigation was confirmed. He came back after his presiding judge notified the Commission on Judicial Performance that the judge, who was elected to the court in 1992, had been absent from court based on asserted illness for more than 90 days in a 12-month period. But he left again late in September, complaining of cardiac- and stress-related difficulties. The investigation and suits involve transfers which appear to have been initiated by Dr George Taus, a physician and close friend of Murphy. In one suit, the trustee of Taus' bankruptcy estate has sued Murphy and others for the return of nearly $1.9 million that the trustee claims was wrongfully taken from the estate. In the other, the securities firms Smith Barney Inc. and Prudential Securities, Inc. have sued Murphy, Taus and others for fraud and conversion, seeking damages in excess of $785,000, including interest. The firms claim that Murphy helped Taus conceal from the doctor's ex-wife, Susan Taus, a portion of the funds to which she was entitled as a result of a marital settlement agreement. The firms are suing because a National Association of Securities Dealers arbitration panel held them responsible for paying the funds over to the doctor and required them to reimburse Susan Taus. Other investigations are reportedly being conducted by the FBI and the Criminal Investigations Division of the IRS. Murphy, through his attorney, has denied assertions that he was involved in any wrongdoing, suggesting that other defendants in the civil cases were using him as a scapegoat. One of those defendants, Encino attorney and former Murphy friend Paul Ottosi, has now been sued by Murphy. In a complaint filed in Los Angeles Superior Court Sept. 30, Murphy claims that Ottosi illegally recorded conversations between them, and alleges that the dissemination of the recordings was a substantial factor in his health problems. |
George
H. Trammell III
Retired Los Angeles Superior Court Judge
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The United States Attorney's Office is reportedly close to the conclusion of its investigation into whether Trammell, a judge from 1971 to 1997, violated federal civil rights laws in connection with a secret sexual relationship with a woman who was a defendant in a case before him. The woman, Pifen Lo, is also suing the ex-jurist, who is reportedly living in Florida, in Los Angeles Superior Court. Trammell's deposition in that case is presently scheduled in December. Trammell, who abruptly quit the bench two years ago when the relationship became public, has also been censured by the Commission on Judicial Performance and permanently barred from hearing cases on assignment or by reference. A panel of special masters appointed by the Supreme Court found that Trammell had engaged in improper conduct, including hundreds of ex parte contacts with Lo. Lo said the judge coerced her into having sex by promising favorable treatment for her husband, a co-defendant in her case. The masters found that commission attorneys had failed to prove by clear and convincing evidence that Lo was coerced, and the commission agreed. The District Attorney's Office declined to charge Trammell with any criminal offense. The Legislature, citing the case, approved legislation making judges subject to prosecution for obstruction of justice in their own courtrooms, which is now law. Trammell was a Los Angeles Municipal Court judge from 1971 until 1988, when he was elevated to the Superior Court by then-Gov. George Deukmejian. |
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Judicial
Elections
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Candidates for the superior and municipal courts have until Dec. 10 to return nomination papers. Only candidates who filed a declaration of intent to run during this month's filing period can run, except that if any incumbent who filed a declaration doesn't complete a candidacy, additional candidates may enter the race up until Dec. 15. Barring races left uncontested as a result of candidates dropping out, one Los Angeles Superior Court seat and nine Municipal Court judgeships in various districts in the county will be on the March 7 ballot. Deputy District Attorney Katherine Mader, South Bay Municipal Court Commissioner Douglas Carnahan and Superior Court Referee Jeffrey Marckese are seeking the seat being vacated by Superior Court Judge Richard Montes. Carnahan has retained the consulting firm of Cerrell Associates, Inc. and Mader has hired Fred Huebscher. The following candidates are running for municipal courts: Alhambra Llewellyn P. Chin of Alhambra, Los Angeles sole practitioner Maria C. Vargas-Rodriguez, and San Marino lawyer David Egawa are challenging Judge John Martinez. The incumbent's campaign is being run by the Cerrell firm, while Vargas-Rodriguez has hired consultant Victor Griego. Antelope Palmdale attorney William Clark and Acton lawyer Larry Layton are challenging Judge Pamela Rogers, while David Bianchi, a partner in a Lancaster firm, and Deputy District Attorney Christopher Estes are running for the seat of Judge William Seelicke, who is not seeking another term. Bianchi has hired consultant Fred Huebscher. Beverly Hills Commissioner Hugh Bobys, sole practitioner Mitchell Dawson, Deputy District Attorneys Richard A. Stone Jr. and Wendy Moss, and West Los Angeles attorney John A. Khoury are seeking the seat being vacated by Judge Judith Stein. Dawson has retained political consultant Rick Taylor, Bobys is represented by Cerrell Associates, and Stone's consultant is Huebscher. Downey Downey sole practitioner Kirt Hopson is challenging Judge Jesus Rodriguez. Rodriguez has retained the Cerrell firm. Inglewood Commissioner Deborah Christian and Deputy District Attorney Patricia Titus are running for the seat of Judge Kenneth Vassie, who will step down after more than 32 years on the court. Los Angeles Six candidates are seeking the seat being vacated by Judge L.C. Nunley. They are South Bay Municipal Court Commissioner John Slawson, who has retained the Cerrell firm, Los Angeles Municipal Court Commissioner John Ladner, Deputy District Attorneys David Stuart and David Mintz, and Los Angeles attorneys Ronald Silverton and Vicki M. Roberts. Also, Judge Richard Rico is being challenged by Glendale lawyer Bernita "Susan" Borges. Rio Hondo Baldwin Park sole practitioner Richard Espinoza is challenging Judge Rudy Diaz. |
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Judiciary:
Vacancies, Appointments
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Federal Courts
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Ninth U.S. Circuit Court of Appeals Former Washington State Bar Association President Ronald M. Gould was confirmed this month as the court's newest judge. Gould, 53, is a partner with the firm of Perkins Coie, where he specializes in complex commercial litigation. He was nominated by President Clinton on Nov. 8, 1997 to fill the judgeship vacated when Judge Robert Beezer took senior status on July 31, 1996. He will maintain his judge's chambers in Seattle. Judge Melvin Brunetti took senior status Nov. 11, so the 28-judge court will have six vacancies once Gould is sworn in. Senate Majority Leader Trent Lott, R-Miss., announced Nov. 10 that the nominations of San Francisco attorney Marsha Berzon and U.S. District Judge Richard Paez of the Central District of California will be voted on by the full Senate no later than March 15. Berzon, 53, won a 10-8 vote of approval from the Senate Judiciary Committee on July 1. Republicans Orrin Hatch of Utah and Arlen Specter of Pennsylvania joined with eight Democrats in supporting the nomination, while eight Republicans voted no. Paez, 52, won an identical 10-8 vote of approval by the committee on July 30. He is a former presiding judge of the Los Angeles Municipal Court, and has drawn opposition from conservatives, in part for his negative comments concerning Proposition 209, which repealed affirmative action programs in California. Berzon was nominated Jan. 27 of last year to succeed Judge John T. Noonan, who took senior status at the beginning of 1997. Action was delayed as conservative senators submitted multiple sets of written questions concerning cases she has handled on behalf of the American Civil Liberties Union. Some senators say they oppose her nomination because she her views are consistent with those of what they say is an overly liberal majority on the court. A partner in Berzon, Nussbaum, Berzon & Rubin, she is associate general counsel for the AFL-CIO and has argued four cases before the U.S. Supreme Court, where she clerked for Brennan. Gould, Berzon and Paez were among four previous nominees who were not considered by the Senate in past years and were renominated Jan. 26. The other is San Francisco attorney Barry Goode. Goode, 50, was nominated June 24 of last year to succeed Judge Charles E. Wiggins, who took senior status July 31, 1996. Goode is litigator at McCutchen, Doyle, Brown & Enersen and an adjunct professor of environmental law at the University of San Francisco. Seattle attorney Richard C. Tallman was nominated Oct. 20 to succeed Judge Betty B. Fletcher, who assumed senior status. Tallman—a former prosecutor who was a partner at Seattle's Bogle & Gates before co-founding a new firm earlier this year—was designated after Washington Chief Justice Barbara Durham withdrew, saying her husband was ill. Honolulu attorney James E. Duffy Jr., 57, a former president of both the Hawaii State Bar Association and the Hawaii Trial Lawyers Association, was nominated on June 17 to succeed Judge Cynthia Holcomb Hall, who took senior status at the end of August 1997. Duffy, who would be the court's only active judge from Hawaii, is a Minnesota native who went to Hawaii after graduating from Wisconsin's Marquette University Law School. He has been in private practice there since 1971 and has been a partner in the firm now known as Fujiyama, Duffy, and Fujiyama since 1974. |
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Magistrate Judge Virginia Phillips and Los Angeles Superior Court Judge Florence-Marie Cooper were confirmed by unanimous voice vote of the Senate on Nov. 10, leaving three vacancies on the court. The most recent vacancy was created Oct. 29 when Judge William Keller took senior status. Phillips was nominated—for the second time—on Jan. 26 to fill the seat vacated by Judge Wm. Matthew Byrne Jr. when he took senior status on March 1 of last year. She was originally nominated on May 11 of last year but the Judiciary Committee failed to act on her nomination. Cooper was nominated July 14 to succeed Judge Linda McLauglin, who died March 6 of injuries sustained in an auto accident. Los Angeles attorney Dolly Gee and Santa Monica lawyer Fredric Woocher were nominated May 27 to fill the seats left vacant by the retirement of Judge John Davies and the elevation of Judge Kim Wardlaw, both of which occurred in July of last year. Woocher had a confirmation hearing Nov. 10, but the Senate adjourned without a committee vote on the nomination. |
State
Courts
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California Supreme Court There
are no vacancies.
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Courts
of Appeal
This District (Second District) Candace D. Cooper, previously of the Los Angeles Superior Court, was confirmed and sworn in Nov. 9 to fill the vacancy created by the Feb. 14 retirement of Justice Morio Fukuto of Div. Two. Justice Arthur Gilbert of Div. Six was confirmed as presiding justice of that division the same day, replacing Steven Stone, who retired Jan. 5. Ventura Superior Court Judge Stephen Z. Perren was promptly confirmed to succeed Gilbert as associate justice. Justice John Zebrowski retired from Div. Two Nov. 3. The governor has sent the names of Los Angeles Superior Court Judges Paul Boland, Kathryn Doi Todd, and Robert Mallano to the Commission on Judicial Nominees Evaluation as potential appointees. Funding for additional positions will be available next year as a result of the passage of the state budget in June, but the Legislature didn't act during this year's session to create the positions. Legislation to be considered next year would add one member to each division, although there is support for an amendment that would add two divisions instead. It would take a two-thirds vote of both houses, however, for any legislation to take effect prior to Jan. 1, 2001. Fourth District Justice Edward Wallin retired from Div. Three Feb. 16 to become a private judge. Justice Sheila Prell Sonenshine retired from the same division April 14 to become president of a start-up financial services company. Fifth District Justice William Stone is retiring in September. Seats in other districts are filled. |
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Los Angeles Superior Court The court has seven vacancies, including those caused by the retirements of Enrique Romero March 7, Sherman Smith April 4, Robert H. O'Brien Aug. 16, Jaime Corral Sept. 6, Edward Ross Sept. 9, and Stephen Lachs Oct. 3. The last vacancy is a result of Judge Gary Feess having become a federal judge in September, and another will occur when Judge Florence-Marie Cooper joins the federal bench. In addition, Judge Isabel Cohen is retiring Jan. 31 of next year, and Judge Robert Altman said he may retire when he completes 20 years of service in March. Judge Ralph W. Dau is assigned to Div. Four of this district's Court of Appeal, and Judge Robert Mallano to Div. Two, through December. |
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Municipal Courts, Los Angeles County Burbank Rand Rubin will be the presiding judge next year. Citrus Presiding Judge Rolf Treu and Assistant Presiding Judge Mark Nelson were reelected to those positions for terms beginning Jan. 1. Culver Judge Alan Goodman will be the presiding judge of the two-judge court next year. Downey Judge Jesus Rodriguez has been elected presiding judge for next year. Inglewood Judge Eric Taylor has been chosen as presiding judge for 2000. Long Beach Judge G. William Dunn retired April 30. Los Angeles There are now three judicial vacancies on the court, resulting from the July 6 retirement of Judge Ronald Schoenberg and last year's election of Judges John Harris and Alban Niles to the Superior Court. Assistant Presiding Judge Ray L. Hart will be the presiding judge next year, with Judge Susan Isacoff as assistant presiding judge. Both were unopposed for those offices when the filing deadline expired last month. Newly appointed commissioner Martin Gladstein will be sworn in tomorrow. Gladstein has been a sole practitioner in Woodland Hills, practicing criminal law and representing both plaintiffs and defendants in tort litigation. Judge Mel Red Recana is away from the court this year, serving as chair of the Municipal Court Judges Association. Commissioner Ernest Lopez is filling in. South Bay Judge Josh Fredericks was reelected last month as presiding judge. Whittier Judges met Nov. 8 and elected Judge Phillip S. Gutierrez as presiding judge for 2000 and 2001. Judge Margaret Miller Bernal was elected assistant presiding judge. |
Copyright Metropolitan News Company, 1999