Tuesday, February 3, 2026
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Self-Styled ‘Radical’ Lawyer Challenges Judge Walgren
Judge Draper Has Two Opponents, One of Whom Was Suspended by State Bar for One Year
By Roger M. Grace, editor
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DAVID WALGREN Superior Court judge |
DAN KAPELOVITZ judicial candidate |
The judicial election season is revving up with two Los Angeles Superior Court judges incurring challenges: a former editor of Hustler Magazine has declared his intent to try to unseat incumbent David B. Walgren and the beleaguered Judge Robert S. Draper, who is the subject of a Commission on Judicial Performance investigation, has been targeted by two attorneys, one of whom has a long-ago history of State Bar discipline.
In another development, Los Angeles Superior Court Judge Lauren Weis Birnstein confirmed yesterday that she will not be seeking reelection, thus creating an open seat.
Walgren, whose 1995 law degree is from the University of California at Davis, was appointed to the bench in 2012 by then-Gov. Jerry Brown. He had served for 16 years as a Los Angeles County deputy district attorney, obtaining an involuntary manslaughter conviction of the doctor who treated entertainer Michael Jackson with the powerful drug propofol.
‘Radical Law Center’
Yesterday, filing a declaration of intent to run for Office No. 81, held by Walgren, was West Hollywood attorney Dan Kapelovitz whose law firm is dubbed “The Radical Law Center.” He earned his JD at UCLA, “graduating in the top 10 of his class,” according to his campaign website, which relates:
“Before becoming a lawyer, Dan had a successful career in journalism. He was the Features Editor of Hustler Magazine, and wrote more than 100 articles for numerous publications, including the LA Weekly, OC Weekly, Bizarre Magazine, Men’s Edge, and more. At Hustler Magazine, Dan won the Project Censored Award for his reporting on depleted uranium, and was the editorial point man for Larry Flynt’s First Amendment lawsuit against the Pentagon.”
He was admitted to practice in 2009.
Kapelovitz did not respond to an inquiry as to why he is opposing Walgren.
Walgren Responds
Walgren, who filed a declaration of intent on Jan. 30, said in an email, in response to a request for comment:
“I am currently in trial and just learned of this challenge. Mr. Kapelovitz has appeared before me but I cannot recall any specific case. I intend on campaigning vigorously and expect to have the full support of my Superior Court colleagues and the attorneys who have known me for decades. I also expect to be supported by the Superior Court PAC, of which I am a member.”
The Los Angeles Superior Court judges’ political action committee has in excess of $600,000 in its coffers.
Suspended From Practice
Filing declarations of intent to run for Draper’s seat—No. Two—were Deputy District Attorney Tal K. Valbuena, whose law degree is from George Washington University, and Allan L. Dollison, a graduate of the Western State University College of Law. Dollison was suspended from law practice in 2000 for one year based on 16 counts of misconduct.
The State Bar’s recitation of the matter appears on Page 4 of today’s issue.
In running unsuccessfully for district attorney of Humboldt County in 2014, the matter of the State Bar discipline came up. The Lost Coast Outpost reported on April 15 of that year:
“When Allan Dollison launched his campaign for district attorney three months ago, he made a point of addressing what he called ‘a mistake’ he’d made early in his career. He briefly explained what happened.
“In 1997, only two years after establishing his own office, Dollison said, he closed his private practice to seek employment elsewhere.
“ ‘I made a serious error in judgment by not finishing the work in three cases and representing that I had filed a motion...when I hadn’t—to a client in another case,’ he said. ‘I apologize—then and now—profusely for that mistake. It was an error in judgment but one I have learned from. I have learned to be extra careful and exceptionally honest and hardworking. I am a Christian and I ask for forgiveness.’ ”
Dollison works for the Law Offices of John Ye, a personal injury firm, in the MacArthur Park area of Los Angeles.
The Commission on Judicial Performance pointed in its notice of disciplinary charges to aberrant conduct on the part of Draper, including an irrelevant discourse on African Americans during a trial, and noted the possibility that he suffers from “a disability that seriously interferes with the performance” of his “duties and is, or is likely to become, permanent.”
Open Seats
Seeking open seats, as of midday yesterday, are Deputy District Attorneys Candice J. Henry, a USC Law School graduate, and Gloria Marin, whose law degree is from Loyola. Henry filed a declaration of intent to run for Office No. 196, currently occupied by Judge Craig Richman, and Marin has staked out Office No. 176, held by Judge Hector M. Guzman.
Henry, the assistant head deputy of the Major Narcotics Division, is represented by political consultant Crystal M. Litz of LP Campaigns.
Previously reported was that Deputy District Attorney Rosalba Luz Gutierrez has filed a declaration of intent to run for Office No. 60, held by Judge Richard Goul, and Deputy Public Defender David Ross has filed a declaration for Office No. 131, occupied by Judge Joseph Brandolino. Both are open seats.
Birnstein’s Seat
Birnstein said yesterday:
“[I]t’s time for me to go and get into some mischief elsewhere. I have no idea who’s running and whether I’ll endorse. I’m not sure of my retirement date yet.”
Her office is No. 64.
The judge was elected in the 2002 primary election. She was, at the time, a deputy district attorney.
Judges Holly J. Fujie (Office No. 87) and Timothy Martella (Office No. 65) have announced their upcoming retirements, creating open seats.
Judge Richard Fruin (Office No. 181) has not responded to an email asking if, as rumored, he does not intend to seek reelection. He had not filed a declaration as of press time yesterday.
The period for filing declarations of intent ends tomorrow, but is extended five days where an incumbent who is up for election does not file. Nominating petitions are due from Feb. 9 to March 6, again with a five-day extension where a judge decides not to run.
★★★★
State Bar’s Discipline of Candidate Dollison Recounted
The State Bar of California reported on Jan 22, 2001:
ALLAN LEE DOLLISON [#177299], 34, of Saipan was suspended for one year, stayed, placed on two years of probation with an actual 60-day suspension and until he makes restitution and proves his rehabilitation, and was ordered to take the MPRE within one year and comply with rule 955. The order took effect Aug. 26, 2000.
Dollison stipulated to 16 counts of misconduct in four consolidated cases: three counts each of failing to perform legal services competently or respond to client inquiries and improperly withdrawing from representation, and two counts each of failing to return client files, refund unearned fees and cooperate with the bar’s investigation.
As part of one case Dollison was handling, he agreed to file a motion to set aside a default that had been entered against his client. After not responding to his client’s inquiries, Dollison told her he had filed a motion that was denied by the court. He provided a copy of the motion, a notice of ruling which stated an attorney had appeared on behalf of the other party.
in fact, Dollison never filed a motion, there was no hearing, he fabricated the notice of ruling and forged signatures on documents he sent to the client. His misrepresentations were acts of moral turpitude. He never refunded his fee.
He vacated his office and did not notify clients or the courts, he failed to appear at hearings and failed to follow court orders. Two cases were dismissed as a result of failure to prosecute. One client’s wages were garnished to pay a default judgment, and other clients were forced to hire new counsel to complete their bankruptcy petition.
in mitigation, Dollison started a solo practice soon after his admission to the bar, but due to a lack of experience and business acumen, he accepted difficult cases for relatively low fees. He abandoned several matters when he moved to a new office in order to stabilize his practice. He also suffered from depression and is under the care of a psychiatrist.
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