February
2026

A report on where
things
stand



Judges Blanchard, Goul, Gross, Otto Slate Retirements...Eastman’s and State Bar’s Rival Bids for Review in California Supreme Court Is Fully Briefed...Challenge to Judge Waldren Appears Likely...DDA Lee Might Have No Opposition


Judges, Lawyers Under Scrutiny

John Charles Eastman
Suspended Attorney, Ex-Trump Advisor

Former Chapman University School of Law Dean John Charles Eastman on Sept. 29 filed with the California Supreme Court a petition for review of the State Bar Court’s June 13 recommendation—echoed on June 13 by the Review Department—that he be disbarred over his role in challenging the results of the 2020 presidential election on behalf of his then-client, President Donald Trump.

He was accused of 11 counts of misconduct. It was only Count 11—incitement of a riot—that State Bar Court Judge Yvette D. Roland found unsupported. She determined that he lied to then-Vice President Michael Pence and to the public as to the vice president’s power to delay certification of the presidential election results.

The State Bar’s answer to Eastman’s petition was filed Dec. 12 and Eastman’s reply to the answer was filed Feb. 13

On Sept. 8, the State Bar filed its own petition for review. It is contesting the determination by Roland that Eastman’s remarks at the “Save America Rally” in the District of Columbia on Jan. 6, 2021, were not geared to incite the storming of the Capitol on that date. The Review Department concluded that Eastman’s words “establish that he made false and misleading statements, but in no way does he tell the crowd ‘to assault and breach the Capitol’ ” as alleged in the notice of charges,

Eastman answered the State Bar’s petition on Sept. 19 and the State Bar on Oct. 10 filed a reply.

The state high court seldom grants review in disciplinary cases but is apt to do so in this instance given the substantial constitutional issues.

Thomas V. Girardi
Disbarred Lawyer, Incarcerated Felon

Thomas V. Girardi

The opening brief in the appeal by Thomas V. Girardi of his August 2024 conviction on four counts of wire fraud was due Dec. 26 but on Dec. 19, his lawyer, Deputy Federal Public Defender Andrew B. Talai, filed a motion for a 90-day extension of time, “to and including March 26, 2026” which, it was noted the government did not oppose.

Girardi, 86, is incarcerated in the Metropolitan Detention Center in Los Angeles. U.S. District Court Judge Josephine L. Staton of the Central District of California on Sept. 19 denied a motion by Girardi for release on bond pending appeal.

The charges stemmed from failing to pay clients the full amounts of settlement proceeds, perpetrating his crimes, according to the indictment, "by means of material false and fraudulent pretenses, representations, and promises, and the concealment of material facts” which he “had a duty to disclose.”

On June 3, Staton sentenced Girardi—once wealthy, now impecunious—to seven years and three months in prison. The sentencing occurred on Girardi’s 86th birthday.

Staton ordered that Girardi make restitution in the amount of $2,310,247.26.

The anticipated release date is Aug. 1, 2031.

However, his estranged wife, Erika Jane, noted in a recent episode of The Real Housewives of Beverly Hills

that Girardi is bound to die in prison, commenting: “I just kind of hoped he’d die before he’d go to prison, just so he could get it over with.”

Brian Kabatech, Mark Gerogos
Attorneys

Thomas V. Girardi Thomas V. Girardi

Nearly three-and-a-half years have passed since the State Bar said in a Sept. 27, 2022 news release:

"The State Bar of California’s Board of Trustees Chair Ruben Duran announced today that the State Bar is investigating attorneys Mark John Geragos (State Bar No. 108325) and Brian Stephen Kabateck (State Bar No. 152054) in connection with the Armenian Genocide insurance settlement funds from which dispersals were made in the U.S. and France."

Under fire for its dereliction in failing to act on complaints about Tom Girardi until his dishonesty became manifest and widely reported by the news media, that announcement was made, possibly for sake of publicity. The move could backfire if the two are exonerated for a fourth time—or what would possibly be a fifth time as to Geragos.

The State Bar will not comment on what progress has been made.

Kabateck has attained multi-million dollar judgments and settlements; Geragos is a criminal defense lawyer whose clients have included Whitewater defendant Susan McDougal, former Rep. Gary Condit, actress Winona Ryder, and entertainer Michael Jackson.

Kabateck and Geragos obtained a $37.5 million settlement in separate actions against two insurers that failed to pay claims under life insurance policies issued to persons who were slain in the Armenian genocide. Prompted by Los Angeles Times articles suggesting that the lawyers mishandled funds, the State Bar is focusing on what happened to proceeds from a $17.5 million settlement with a French insurer in 2005.

While moneys are missing, the lawyers point out they had nothing to do with the distribution of the proceeds.

Geragos—who has said he will be suing the State Bar—remarked that the State Bar’s mention of Tom Girardi in its news release shows that “all they’re trying to do is deflect” attention from the debacle in failing to take action in response to decades of complaints about Girardi.

Kabateck asserted:

“This is a political stunt by the State Bar.”

Judiciary: Vacancies, Appointments


Ninth U.S. Circuit Court of Appeals

There are now no vacancies on the 29-member court.

No vacancies exist..


There is one vacancy. It was created by the retirement in October of Justice Martin Jenkins.

Court of Appeal

Second District

Arthur Gilbert retired at the end of last year as presiding justice of Div. Six.

There is an unfilled seat in Div. Two. Justice Judith Ashmann-Gerst retired Sept. 30.

Gilbert is serving on assignment to Div. Two, Retired Los Angeles Superior Court Judge Sunjay Kumar is sitting pro tem in Div. Five. The assignment, which has been periodically extended, is scheduled to end April 20.

Los Angeles Superior Court Judge Alexander C.D. Giza will be sitting pro tem in Div. Seven through March 31. Santa Barbara Superior Court Judge Von T. Nguyen Deroian will be in sitting Div. Six, also through March 31.

Superior Court
Los Angeles County

Six Los Angeles Superior Court judges whose decisions not to seek a new term in the June 2 primary have set retirement dates.

Previously unannounced were the forthcoming retirements of Judges Kathleen Blanchard, Richard M. Goul, and Marc D. Gross, Blanchard will both actually and officially retire on Monday; Goul’s last day on the bench will be Thursday and, after using earned vacation days, he will officially retire on April 17’ and Gross will depart on March 18 with an official retirement date of May 5.

Others who are creating open seats and are retiring soon or have retired are Judges Joseph A. Brandolino, Holly J. Fujie, and Timothy Martella. Brandolino’s last day on the bench was Feb. 10 and he will officially retire on March 31; Fujie and Martella left their posts Jan. 9; the official retirement dates are Feb. 28 for Fujie, and Feb. 24 for Martella.

Also previously unannounced was that Judge James D. Otto’s last day on the bench will be March 10 and he will officially retire on April 26.

Judge Richard Fruin was up for reelection this year and opted not to run. He has said that he will serve out his term.

 A list of candidates for judgeships in the June 2 primary appears here. It is up-to-date as of mid-afternoon yesterday.

Only those who have filed nominating papers have perfected their candidacies, Some potential candidates have filed declarations of intent to run with respect to more than one office and they are listed under each office, with the exception of those represented by political consultant Crystal Litz who has indicated which seats her clients will seek.

Attorney Dan Kapelovitz, who is not represented by Litz, has taken out nominating papers for the seat currently held by Judge David Walgren and an open seat, as well as for the post of state attorney general. He said yesterday:
“I am very likely not going to run for Attorney General. And I am very likely to run for Walgren's seat instead of the open seat. I think my chances of victory are much greater against Walgren.”

Administrative Law Judge Dieter Carlos Dammeier, also not a Litz client, has filed declarations of intent with respect to five seats. He said Monday, “Looks like 131 for me.” Three others have filed declarations for that office. Tuesday, he wrote, in an email:

“Just pulled papers for #14. Polling we did gives me a more solid chance there.”

Others who have taken out nominating papers for that office are Deputy District Attorneys Irene Lee, represented by Litz, and Angie Christides. The latter has also taken out nominating papers for Office No. 39l; Deputy Public Defender Binh Q. Dang has filed papers for that seat.

On Wednesday, Dammeier remarked:

“I am going back to 131. Congrats to Mrs. Lee, who I think will be uncontested, as I assume Christides will ultimately be in 39.”  



 

 

 


Copyright Metropolitan News Company, 1999-2026