Congress
took its pre-election recess without acting on charges that could
result in the impeachment of Real, a federal judge for nearly 40
years.
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 Ninth Circuit 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 chairman of the full Judiciary Committee, James Sensenbrenner,
R-Wisc., declined to await the outcome of those proceedings, but
members of both parties indicated that the subcommittee was unlikely
to act before the Ninth Circuit has completed the new review.
Mervyn
H. Wolf
Encino
Attorney
Wolf,
a lawyer for nearly 40 years, is due to appear before Superior Court
Judge David Horwitz Nov. 29 for the setting of a preliminary hearing
date on charges of embezzling more than $300,000 from his clients.
The matter was continued from Oct. 24.
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.
