End of the Month

Oct.
31,
2011

A report on where
things
stand

Governor Signs Bills on State Bar Restructuring, Diversity Training for JNE Commission Members...Obama Nominates Los Angeles Attorney Paul Watford for Ninth U.S. Circuit Court of Appeals...Sixth District Court of Appeal Justice Wendy Duffy Retires

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 Oct. 17 nominated Los Angeles attorney Paul J. Watford, who would, if confirmed, fill the vacancy created by the death of Judge Pamela Ann Rymer Sept. 21.

Obama nominated U.S. District Judge Jacqueline Nguyen on Sept. 22 to the open seat on the court. He had previously tapped Goodwin H. Liu, now a California Supreme Court justice, but was forced to withdraw the nomination following a Republican filibuster.

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 received a unanimous rating of “well qualified” from the American Bar Association’s evaluating committee.

There is no nomination pending for the seat of Judge Stephen Trott, who took senior status in 2004. Judge Mary M. Schroeder is taking senior status Dec. 31.

Judge Mary M. Schroeder is taking senior status Dec 31.

President Obama nominated Michael W. Fitzgerald on July 20 to succeed Judge A. Howard Matz, who 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 Thursday..

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 this month—Judith Champagne Sept. 1, Michael Latin Sept. 5, and Maral Injejikian Sept. 6.

Judge Peter D. Lichtman will retire Dec. 1 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. Commissioner Martin Goetsch retired March 31, Commissioner Cathrin DeVoe April 26, and Commissioner Martin Green June 25.

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

Commissioners Robert Axel and Stanley Genser will leave the court at the end of the year under terms of a voluntary separation program that will pay up to 30 commissioners six months’ salary if they depart at the end of the year, freeing up funds from the 2012-2013 budget.

Legislation of Interest to the Legal Community

The following bills of interest to the legal community were acted upon in October:

•AB 126, by Assemblyman Mike Davis, D-Los Angeles, which would, as introduced, have required the governor to disclose the names of all persons outside his administration whom he has consulted with respect to potential judicial appointments, and would have required members of the Commission on Judicial Nominees Evaluation to undergo two hours of annual anti-bias training. Senate amendments eliminated the disclosure provisions and reduced the anti-bias training requirement to a minimum of one hour, unless a member serves more than one term. The bill passed the Senate Aug. 30 by a vote of 24-12 and was sent to the Assembly, which concurred in Senate amendments Sept. 6 by a vote of 51-27. It was signed by the governor Oct. 9.

•AB 144, by Assemblyman Anthony Portantino, D-La Canada Flintridge, which will make it a crime to openly carry an unloaded firearm, subject to exceptions. As amended, the bill would also prohibit the open carry of firearms in moving vehicles and make it a crime to allow a person to bring a firearm into a motor vehicle, subject to exceptions. The bill passed the Senate Sept. 8 by a vote of 21-18 and was sent to the Assembly, which concurred in Senate amendments Sept. 9 by a vote of 48-30. It was signed by the governor Oct. 9.

•AB 239, by Assemblyman Tom Ammiano, D-San Francisco, which would increase state oversight of local crime laboratories. The bill passed he Senate Sept. 7 by a vote of 38-0 and was sent to the Assembly, which concurred in Senate amendments Sept. 8 by a vote of 79-0. The bill was vetoed by the governor Oct. 9.

•AB 433, by Lowenthal, which will eliminate the procedure allowing objections in superior court to a petition to issue a new birth certificate to a person who has undergone sex change surgery. The bill was signed by the governor Oct. 9.

•AB 520, by Assemblyman Tom Ammiano, D-San Francisco, which, as amended June 28, will establish procedures by which a person convicted of alcohol-related reckless driving could obtain a restricted driver’s license prior to the completion of a mandatory one-year suspension. As originally introduced, the bill would have provided that an upper term sentence may not be imposed under the Determinate Sentencing Law, except on the basis of facts in aggravation found by the trier of fact. The bill was signed by the governor Oct. 9.

•AB 622, by Assemblyman Roger Dickinson, D-Sacramento, which will amend civil grand jury procedures by allowing a witness to have counsel present during questioning. The bill was signed by the governor Oct. 9.

•AB 973, by Assemblywoman Nora Campos, D-San Jose, which would require that every trial court hold a public hearing prior to submitting its annual budget request to the Judicial Council. The bill passed the Senate Aug. 31 by a vote of 32-2 and was sent to the Assembly, which concurred in Senate amendments Sept. 6 by a vote of 54-24, and was signed by the governor Oct. 9.

•AB 1111, by Assembly members Nathan Fletcher, R-San Diego, and Holly Mitchell, D-El Segundo, which will prohibit a court from garnishing wages or levying a bank account for the enforcement and collection of fees, fines, forfeitures, or penalties imposed by a court against a person under 25 years of age who has an outstanding unpaid citation for truancy, loitering, curfew violations, or illegal lodging if the court obtains information that the person is homeless. The bill was signed by the governor Oct. 4.

•SB 163, by Sen. Noreen Evans, D-Santa Rosa, making significant changes to the structure of the State Bar, while fixing dues for 2012 at the current level, minus a $10 rebate. The bill passed the Assembly Sept. 8 by a vote of 68-9; was sent to the Senate, which concurred in Assembly amendments on Sept. 9 by a vote of 39-0; and was enrolled and presented to the governor Sept. 16. As amended, the bill would give members the option, during the 2012 and 2013 dues years, of having $20 of the dues payment used to provide legal services to low-income persons, or of deducting that amount from the total. The bill was signed by the governor Oct. 2.

•SB 182, by Sen. Ellen Corbett, D-San Leandro, which will require the governor to collect and release data on the sexual orientation and gender identity of judicial applicants, in addition to the data on race and gender that must be released under current law. As amended, the bill would require a departing governor to provide the data for the governor’s last year in office to his or her successor, and would require that any report indicate the number of applicants who declined to respond. The bill passed the Assembly with amendments Aug. 29. Those amendments were concurred in by the Senate 23-15, and the bill was signed by the governor Oct. 9.

•SB 405, by Corbett, which will create up to 10 new judgeships during the 2011-12 fiscal year in order to convert subordinate judicial officer positions in family law or juvenile law only. This would be in addition to the 16 annual conversions already authorized for the superior courts generally. The bill passed the Senate June 1 by a vote of 26-12, passed the Assembly Aug. 31 by a vote of 53-25, and was signed by the governor Oct. 9.

•SB 651, by Sen. Mark Leno, D-San Francisco, which will eliminate the “common residence” requirement for domestic partnerships. The bill passed the Senate June 1 by a vote of 24-15 and was sent to the Assembly, where it was amended Sept. 2 to add a provision allowing same-sex marriages to be dissolved in California, regardless of the parties’ state of residence, if the marriage was entered into here, and no other state will dissolve it. The bill, as amended, passed the Assembly Sept. 8 by a vote of 52-26, and was sent to the Senate for concurrence in the amendment, which occurred Sept. 9 by a vote of 25-15. The bill was signed by the governor Oct. 9.