Newspaper: Metropolitan News-Enterprise

Publication Date: Friday, July 30, 2004

Page No.: 7

Headline: END OF THE MONTH: Judge Kevin Ross Faces Sept. 13 Hearing on Misconduct Allegations...Republican Bid to Force Vote on Nomination of William G. Myers III to Ninth Circuit Fails...Aug. 16 Swearing-In Set for George Schiavelli to Fill Only Vacancy on Local U.S. District Court

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•Judicial Elections

There will be five Los Angeles Superior Court runoffs on the November ballot:

Office No. 18—Superior Court Referee Mildred Escobedo and Deputy District Attorney Pat Campbell are seeking the seat being vacated by Judge Marcus Tucker. Campbell’s campaign consultant is Fred Huebscher; Escobedo’s is Parke Skelton.

Office No. 29—Deputy Attorney General Gus Gomez and Deputy District Attorney Lori Jones are in the runoff for the seat being vacated by Judge Richard Hubbell. Gomez has Skelton as his campaign consultant, while Jones’ campaign is being run by Huebscher.

Office No. 52—Deputy District Attorney Laura Priver and Workers’ Compensation Judge John Gutierrez are in the runoff to succeed Judge Nancy Brown, who retired Jan. 31. Huebscher is Priver’s consultant; Gutierrez has retained Icon Imaging.

Office No. 53—Deputy District Attorney David Lopez is in the runoff with Superior Court Referee D. Zeke Zeidler for the seat being vacated by Judge Rosemary Shumsky. Zeidler is being represented by Cerrell Associates Inc.

Office No. 69—Superior Court Commissioner Donna Groman and Deputy District Attorney Judith L. Meyer are in the runoff to succeed Judge James Wright. Meyer’s consultant is Cerrell Associates; Groman’s is Evelyn Jerome.

•Judges, Lawyers Under Scrutiny

John D. Harris

Los Angeles Superior Court Judge

A hearing concluded last month on misconduct charges brought by the Commission on Judicial Performance against Harris, a court commissioner and judge for nearly 30 years.

The special masters—Court of Appeal Justice Eileen C. Moore of the Fourth District’s Div. Three, San Bernardino Superior Court Judge Patrick J. Morris, and Ventura Superior Court Judge Henry J. Walsh—heard the evidence in Pasadena.

The CJP has accused Harris of seeking to establish personal relationships with sexual assault victims, making inappropriately personal comments to jurors, attorneys, and court staff, throwing a file at a deputy city attorney, and lying during an investigation into his conduct.

During his testimony at the hearing, Harris announced his intention to retire in October.

The CJP alleges that after two felony sexual assault trials in 2000, Harris met in chambers with the victims and sought to initiate personal relationships. One of the victims was only 16 years old, the notice of charges points out, and the Court of Appeal cited the meeting in ordering the defendant resentenced by a different judge.

Harris has acknowledged that the meetings were improper because the cases were not yet final. But he testified that he sought only to comfort the victims because he was moved by their plight, and did not intend to have any extensive or improper continuing relationships with them.

On eight occasions in 2002 and 2003, the CJP claims, the judge made comments to or about female attorneys, court staff members, or jurors that were inappropriately flirtatious or sexual. The comments included invitations to have lunch, a remark that a staff member was “cute,” and thanking a lawyer for not challenging an attractive female juror because a judge “has to have something to look at during trial.”

Harris said that in hindsight, he recognizes that some of his remarks could have been taken as offensive, but that he had no intention of making anyone feel ill at ease.

The file-throwing incident, the CJP alleges, took place in October 2002 and involved Deputy City Attorney Chadd Kim. After the incident, the judge “continued to be abrupt and impatient with Ms. Kim,” and he later exhibited anger when Kim filed a peremptory challenge preventing him from hearing another case, the commission claims.

Harris admitted having lost his temper on the one occasion, and said he should not have required Kim to explain the peremptory challenge, which he said upset him because he had always had good relations with the City Attorney’s Office, where he practiced before his appointment as a judicial officer. But he denied any continuing animosity.

Harris also recommended women to a male deputy city attorney for dates and failed to disqualify himself or disclose their relationship when the lawyer appeared before him, the CJP alleges. Harris acknowledged that he tried to help out the prosecutor, who expressed dissatisfaction with his social life, but said he saw no need to make a public disclosure that would have been embarrasing.

The CJP said Harris lied when he stated, in his response to a preliminary investigation letter sent to him in August, that he had never been “counseled, criticized or reprimanded” concerning his conduct by court officials.

In fact, the CJP alleges, Judge Carol Rehm Jr., then the Criminal Courts assistant supervising judge, spoke with Harris in December of 2002, advising him of concerns about his “interactions with young, female attorneys.”

Four months later, the notice relates, Harris met with Presiding Judge Robert A. Dukes, Assistant Presiding Judge William McLaughlin, then-Criminal Courts Supervising Judge Dan Oki, and Rehm to discuss the complaints about his conduct again. At that time the judge was told he would be transferred to South Gate, the CJP said.

Harris testified that he believed the questions related to events occurring prior to the commencement of the CJP investigation, and that his answers were accurate based on that belief.

Kevin A. Ross

Los Angeles Superior Court Judge

Ross faces a Sept. 13 judicial discipline hearing in Pasadena after having been charged May 7 with three counts of judicial misconduct.

Sixth District Court of Appeal Justice Eugene Premo, Fourth District Court of Appeal Justice Judith Haller, and San Bernardino Superior Court Judge Michael A. Smith are the special masters who will consider the evidence.

The Commission on Judicial Performance asserted in its formal notice of proceedings that Ross made comments about pending cases on a public television program on four occasions, was twice absent from court without authorization, and in four instances treated criminal defendants inappropriately.

The CJP cited appearances by Ross, a former prosecutor, on the KCET public television program “Life and Times Tonight” during 2001 and 2002. Ross, a frequent guest on the public affairs discussion program, gained a seat on the Inglewood Municipal Court in 1998 by defeating Judge Lawrence Mason and became a Superior Court judge upon unification in 2000.

Among the canons of the Code of Judicial Ethics violated by the four appearances, the CJP asserted, is Canon 3B(9), which says that a judge shall not shall not “make any public comment about a pending or impending proceeding in any court.”

Both of the unauthorized absence allegations also relate to public appearances made by the judge.

In March of 2000, the CJP alleged, Ross arrived about an hour late because he was giving a radio interview about Proposition 21, a juvenile crime initiative statute.

In April of 2002 he asked for and was granted two days off to attend a California Association of Black Lawyers conference in Palm Springs. In fact, the CJP claims, there were no conference events scheduled during the first day and Ross spent the time taping a “Life and Times Tonight” segment and attending an inner-city economic summit.

In his June 15 response, Ross said his television appearances were consistent with the California courts’ efforts to educate the public on the judicial process and noted that other judicial officers had appeared with him or on similar programs. He also contended that the restrictions on judicial comment on pending cases are unconstitutional.

With respect to the March 2000 incident, Ross acknowledged giving the interview and taking the bench about 9:30 a.m. But he denied that court business was interrupted, saying he normally did not take the bench much earlier than that since he was presiding over a mass calendar court where much of the first hour of the court day was taken up with check-ins and attorney-client discussions.

He also charged that the then-site judge in Inglewood, Eric Taylor, who complained about his lateness, was actually upset because Ross was supporting then-Deputy District Attorney Patricia Titus in an impending election contest with Commissioner Deborah Christian, whom Taylor and most of the other judges in the courthouse were backing.

Titus won the election. Christian was subsequently appointed a Superior Court judge by then-Gov. Gray Davis.

The CJP also cited four instances in which Ross allegedly improperly communicated with criminal defendants or became “embroiled” in their cases and “abandoned [his] judicial role.” Ross denied any improprieties in his response.

•Judiciary: Vacancies, Appointments

Federal Courts

Ninth U.S. Circuit Court of Appeals

Judge A. Wallace Tashima took senior status June 30, creating a third vacancy on the 28-judge court. Previous vacancies were created when Judge James Browning took senior status Sept. 1, 2000, and when Judge Thomas G. Nelson did so Nov. 14 of last year.

Republican senators last week tried and failed to force a floor vote on the nomination of William G. Myers III to succeed Nelson. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against.

The Senate Judiciary Committee approved the nomination on April 1, on a party-line vote of 10-9,

Myers, who was nominated on May 15 of last year, resigned Oct. 10 as solicitor of the Department of the Interior and now practices law in Boise, Idaho. He has drawn opposition from native American activists and environmental groups.

A majority of the members of the ABA Standing Committee on the Federal Judiciary found Myers qualified, with at least six members voting him not qualified.

His opponents claim that he holds extreme pro-business views, and that he slanted his legal opinions while in the solicitor’s office to favor interests for which he did legal and lobbying work while in private practice.

He is supported by Idaho’s Republican congressional delegation and by many prominent figures in the state, including Cecil Andrus, a Democrat who is a former governor and served as secretary of the interior under President Carter. His supporters say he holds mainstream, balanced views on environmental and other issues.

Republican senators tried in November to move the nomination of Los Angeles Superior Court Judge Carolyn Kuhl for the other vacancy, but a cloture vote failed by 53-43, seven shy of the necessary 60-vote majority.

The Judiciary Committee on May 8 of last year approved Kuhl, who was rated well-qualified by at least two-thirds of the ABA committee, on a party-line vote of 10-9. Kuhl was tapped by Bush in 2001 to succeed Browning.

Kuhl and Myers were among seven appeals court nominees not covered by a bipartisan agreement permitting votes on other judicial nominees of President Bush.

An additional vacancy will be created when Judge Stephen S. Trott takes senior status on Dec. 31.

U.S. District Court

Former Los Angeles Superior Court Judge George Schiavelli was confirmed last month to fill the court’s only vacancy. A onetime presiding judge of the Superior Court Appellate Division, Schiavelli was nominated Jan. 20 to succeed Judge Lourdes G. Baird, who took senior status May 12. Schiavelli will be sworn in Aug. 16.

Judge Robert J. Timlin is to take senior status Feb. 1, 2005.

State Courts

California Supreme Court

There are no vacancies, but one would be created if the Senate confirms Justice Janice Rogers Brown to the U.S. Court of Appeals for the District of Columbia Circuit, to which she was nominated July 25 of last year.

Brown cleared the Judiciary Committee on a party-line vote of 10-9, but an attempt to invoke cloture and force an up-or-down vote on her nomination failed on Nov. 14. The vote was 53-43 in favor of cloture, seven short of the required three-fifths majority of the entire Senate, and Democrats have shown no indication that they will allow an up-or-down vote on Brown this year.

A majority of the American Bar Association’s evaluating committee rated Brown “qualified” for the position, with at least six of the 15 members voting her “not qualified.”

Court of Appeal

This District (Second District)

Presiding Justice Charles Vogel of Div. Four retired Jan. 31. Justice Reuben Ortega of Div. One will retire Dec. 3.

Third District

Justice Daniel Kolkey resigned Nov. 17 to return to private practice.

Sixth District

Justice William Wunderlich resigned April 30 to become a U.S. magistrate judge based in Yosemite National Park.

Seats in other districts are filled.

Los Angeles Superior Court

There are eight vacancies, the most recent resulting from the July 1 retirement of Judge Susan E. Isacoff.

Judges John Ouderkirk and Lawrence Crispo retired April 5, Judge Chesley N. McKay retired April 1, Judge Margaret Hay retired March 31, Judge Alan Haber retired Feb. 9, and Judge Nancy Brown retired Jan. 31. Judge Dale Fischer joined the U.S. District Court for the Central District of California on Nov. 17.

Judge Veronica McBeth has applied for disability retirement.

Commissioner Michael M. Duffey retired July 6. Ballots cast in the election to choose his successor are to be counted today.

•Legislation of Interest to the Legal Community

The following legislation of interest to the legal community was acted upon in July:

•AB 3079, by the Assembly Judiciary Committee, which would make several changes designed to give the courts more flexibility in using subordinate judicial officers and in the handling of juvenile dependency cases. The bill was amended with minor changes July 1 and July 14 and was referred to the Senate Appropriations Committee.

•AB 3080, by the Assembly Judiciary Committee, which would require the State Bar to publicize in its annual dues statement that members have the right to limit the sale or disclosure of their personal information. The bill was approved by the Senate on a 33-0 vote July 12 and was sent to the Assembly for a vote on Senate amendments.

•SB 749, by Sen. Martha Escutia, D-Norwalk, which would establish the Court Facilities Architecture Fund for construction, repair and improvement of California’s court facilities. The bill passed the Assembly on a 78-0 vote July 1 and was sent to the Senate Rules Committee.

•SB 1914, by the Senate Business and Professions Committee, which would require people licensed by the state Court Reporters Board to notify the board of any misdemeanor conviction. The bill, which makes many other changes to state boards, was amended with minor changes July 8 and was referred to the Assembly Appropriations Committee.