End of the Month

Sentencing for Ricardo Torres II Postponed to Jan. 11...Three Newly Elected Judges to Take Office One Week From Today...Three Court of Appeal Justices, Two Federal District Judges Gain Confirmation

Judges, Lawyers Under Scrutiny

Ricardo Torres II
Disbarred Los Angeles Attorney

Sentencing for Torres, a onetime rising star in local politics, is scheduled for Jan. 11 in Dept. 107, after pleading guilty to violating Penal Code Sec. 506 by misappropriating client funds. Sentencing was postponed from Dec. 6.
The plea was based on the same incident that resulted in Torres’ disbarment. Torres reached a stipulation with State Bar prosecutors June 3, 2011 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.

David Tamman
Attorney

Tamman, a former securities partner at Nixon Peabody LLP, faces sentencing Feb. 11 after he was convicted Nov. 13 in U.S. District Court of al 10 counts of an indictment charging him with obstructing a Securities and Exchange Commission investigation into whether one of the firm’s former clients was running a Ponzi scheme.
Following a two-week bench trial, Tamman was found guilty by Judge Philip Gutierrez of the Central District of California of one count of conspiring to obstruct justice, five counts of altering documents, one count of being an accessory after the fact to his client’s mail and securities fraud crimes, and three counts of aiding and abetting the client’s false testimony before the SEC.
Tamman last year sued Nixon Peabody in Los Angeles Superior Court, contending he was “thrown under the bus” by the firm. That action was stayed in June by Judge Maureen Duffy-Lewis, pending the outcome of the federal prosecution.

John Haw
Suspended Attorney

Haw, an attorney and former construction manager for Huntington Memorial Hospital in Pasadena, faces sentencing Feb. 4 following his Nov. 21 plea of guilty to federal mail fraud charges.
Haw admitted before U.S. District Judge Percy Anderson of the Central District of California that he had committed two counts of mail fraud and participated in an illegal kickback scheme. Prosecutors said Haw paid more than $56,000 to an entity controlled by Huntington’s then-director of construction, who was previously sentenced to three years in prison.
Haw’s plea agreement contemplates a sentence of approximately one year, prosecutors said.
The Office of Chief Trial Counsel notified the State Bar Court on Dec. 19 that it will seek an order of summary disbarment once Haw’s conviction becomes final. Haw is currently under suspension from the State Bar for failure to pay dues.

Robert M.L. Baker III
Suspended Lawyer

Baker, owner of Robert M.L. Baker III Law Offices in Santa Monica, was sentenced to three years’ imprisonment for tax fraud on Dec. 3. Baker, 46, was also ordered by U.S. District Judge Otis D. Wright to pay $1,140,879 in restitution to the IRS and $916,000 in restitution to a victim for a total of $2,056,879.
Baker is on interim suspension from the State Bar as a result of his conviction. The Office of Chief Trial Counsel filed notice it intends to seek his summary disbarment once the conviction becomes final.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There is one vacancy, in the seat of Judge Stephen Trott, who took senior status in 2004.

On Dec. 11, the Senate confirmed by voice vote the nomination of Jesus G. Bernal, deputy federal public defender in charge of the Riverside office, to succeed Judge Stephen G. Larson. President Obama nominated Bernal April 25 to a seat that had been vacant since Larson resigned Nov. 2, 2009.
On Dec. 17, the Senate confirmed, also by voice vote, the nomination of Magistrate Judge Fernando M. Olguin, nominated May 14 to fill the vacancy created by Judge Jacqueline Nguyen’s elevation to the Ninth Circuit.
On Nov. 14, the president nominated Los Angeles Superior Court Judge Beverly R. O’Connell to succeed Judge Valerie Baker Fairbank, who took senior status March 1. O’Connell’s confirmation hearing was held Dec. 12.

There are no vacancies.

First District

The Commission on Judicial Appointments on Dec. 20 confirmed Jim Humes, previously a top aide to Gov. Jerry Brown, to succeed Justice Patricia K. Sepulveda, who retired March 1 from Div. Four.

Second District

Justice Paul Coffee retired from Div. Six on Jan. 31

Third District

There has been a vacancy since Tani Cantil-Sakauye became chief justice in January of last year. Those whose names have been sent to the Commission on Judicial Nominees Evaluation reportedly include San Joaquin Superior Court Judge George Abdallah and Sacramento Superior Court Judges Thadd Blizzard, Helena Gweon, David Abbott, David DeAlba and Kevin Culhane.

Fifth District

The Commission on Judicial Appointments on Dec. 20 confirmed Rosendo Pena Jr., previously a Fresno Superior Court judge, to succeed Justice Betty Dawson, who retired May 9.

Sixth District

The Commission on Judicial Appointments on Dec. 20 confirmed Adrienne M. Grover, previously a Monterey Superior Court judge, to succeed Justice Wendy Duffy, who retired in October of last year.

Seats in other districts are filled.

Los Angeles Superior Court

The governor Thursday named Commissioners Lori R. Behar and Michael J. Shultz; private practitioners Daniel L. Brenner, Robert B. Broadbelt III, Patrick A. Cathcart, Robert S. Draper, Marc D. Gross, and Tony L. Richardson; Deputy District Attorneys Joseph R. Porras, and Lynne Hobbs Smith; and Administrative Office of the Courts attorney Annabelle G. Cortez as judges of the Superior Court.
Behar replaces Judge Marjorie Steinberg, who retired Feb. 14 of this year; Shultz fills the seat from which Judge Martha Bellinger retired July 31; Brenner and Porras fill vacancies created by the conversion of commissioner positions; Broadbelt succeeds Judge Maral Injejikian, who retired Sept. 6; Cathcart succeeds Judge Judith Champagne, who retired Sept. 1, and Draper is the successor to Judge Jacqueline Connor, who retired Feb. 24.
Gross will replace Judge Peter D. Lichtman, who retired Oct. 31 of last year; Richardson takes the seat from which Judge Michael Latin retired Sept. 5 of last year; Smith succeeds Judge Burt Pines, who retired a year ago today; and Cortez replaces Judge John Shook, who retired July 15 of last year.
In addition, three deputy district attorneys who were elected to the court last June are to be sworn in Jan. 6. Sean Coen will succeed Judge Deborah Andrews, who opted not to seek re-election; Eric Harmon will take the seat that Judge Anita Dymant held prior to her retirement April 10; and Andrea Thompson will succeed Judge Judith Vander Lans, who retired July 31.
Still vacant are the seats of Judge Rita Baird, who retired Dec. 30 of last year, and of seven judges who retired this year—Carl J. West, who stepped down Feb. 29; Gary Hahn, whose retirement was effective March 7; Rose Hom, who left office March 27, Joan Comparet-Cassani, who last day in office was May 11; Gary E. Daigh, who retired July 16; Lyle McKenzie Jr., who retired Sept. 8; and Charles Sheldon, whose last official workday was Nov. 21.
Judge Phillip Hickok is retiring in February. Judge Jan Greenberg Levine sat for the last time Dec. 21, and her retirement is effective Feb. 13.
Judge Diane Wheatley will sit for the last time on Feb. 28 and retire April 16.
Among those whose names have been sent to the JNE Commission as possible judicial appointees to the court are Deputy Alternate Public Defender Beverly Bourne; Superior Court Commissioners Alan Rubin, Emma Castro, Jane Godfrey, Sharon Lewis Miller, Mark Zuckman, David Cowan, Lloyd Loomis, Dennis Mulcahy and Kenneth Taylor; Irvine attorney James L. Crandall, Deputy County Counsel Julie Ann Silva; Deputy Public Defenders Enrique Monguia, Lee W. Tsao and Johan ElFarrah; Deputy District Attorneys Kathleen Tuttle and Brentford Ferreira; Los Angeles attorney Douglas W. Stern; Glendale attorney Kenneth Wright, Court of Appeal staff attorneys Kenneth E. Roberson and Kim Nguyen; Los Angeles attorneys Timothy Martella and Angel Navarro; and Assistant U.S. Attorney Wesley Hsu.
The name of Ed Chau was sent to the commission prior to his election to the state Assembly.
Commissioner George Kalinski retired at the end of June. Commissioner Douglas Carnahan is retiring March 28.
Retired Commissioner A. Michael Kautz, who retired at the end of last year, died Dec. 21.

Legislation of Interest to the Legal Community

The Legislature took the following action on bills of interest to the legal community in December.

•AB 2, by Assemblymember Mike Morrell, R-Rancho Cucamonga, which would amend the Criminal Justice Realignment Act to provide that any criminal defendant who is released on parole or to postrelease community supervision, who has suffered a prior or current felony requiring registration as a sex offender, and who violates that parole or postrelease community-based supervision by violating the requirement to register as a sex offender shall serve any period of incarceration ordered for that violation in the state prison.

•AB 16, by Assembly Speaker John A. Perez, D-Los Angeles, which would extend existing penalties for inflicting corporal injury on a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of the batterer’s child to the infliction of that type of injury on a fiancé or fiancée or on someone with whom the person has, or previously had, a dating or engagement relationship.

•AB 19, by Assemblymember Phil Ting, D-San Francisco, which would express legislative intent to establish a pilot program permitting Internet voting.

•AB 36, by Assemblymember Brian Dahle, R-Redding, which would transfer authority for appointment of probation officers in general law counties from judges to county supervisors.

•SB 16, by Sen. Ted Gaines, R-Roseville, which would make a nonsubstantive change in the law relating to public defenders.

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