Ninth Circuit Nominee Mary Murguia Confirmed, but Goodwin Liu Nomination Sent Back to President...Departing Governor Schwarzenegger Fills Remaining Los Angeles Superior Court Vacancies...Newly Elected Judge Randy Hammock to Take Office Monday

Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

Trial is set for Jan. 11 for Silberman, elected to the court in 2008, and two campaign consultants. Orange Superior Court Judge Richard King is scheduled to preside over the trial at the Foltz Criminal Justice Center.

Silberman, Evelyn Jerome Alexander, and Randy Steinberg are charged with offering financial inducements to Deputy District Attorney Serena Murillo, Silberman’s 2008 opponent, to get out of the race.

On Oct. 22, King, who is hearing the case as an assigned Los Angeles Superior Court judge, denied motions to suppress evidence obtained pursuant to search warrants, to dismiss for prosecutorial misconduct, and to sever the trials of the three defendants. He earlier dismissed charges against the three defendants of soliciting bribes, but denied their motions to throw out the related election-law charges.

Ricardo A. Torres II
Attorney

Torres—whose family is well known in legal and political circles—was placed on involuntary inactive status by the State Bar Court Oct. 9.

He has been ineligible to practice since July 12, when he tendered his resignation in the face of disciplinary charges filed in April. He was also suspended Sept. 1 for non-payment of dues.

The State Bar has accused him of failing to return an unearned $15,000 fee that he obtained from a client and falsely telling the client that he had obtained a dismissal when in fact the prosecution chose not to file. He was also accused of failure to cooperate with the State Bar investigation.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

U.S. District Judge Mary H. Murguia of the District of Arizona was confirmed Dec. 22, by a Senate vote of 89-0, to succeed Judge Michael Daly Hawkins, who took senior status Feb. 12.

The nomination of UC Berkeley law professor Goodwin Liu to fill an open position on the court was returned to the president when the Senate adjourned Dec. 22. The Senate Judiciary Committee on Sept. 23 approved the nomination by a party-line vote of 12-7, after President Obama renominated Liu, whose original nomination was returned when Congress took its summer recess.

Liu was unanimously rated “exceptionally well qualified” by the American Bar Association’s evaluating committee, but Republicans object that he is too liberal.

There are two other vacant seats, previously held by Judge Stephen Trott, who took senior status in 2004, and Judge Andrew Kleinfeld, who took senior status June 12.

Los Angeles Superior Court Judge John Kronstadt was nominated by the president Nov. 17 to succeed Judge Florence-Marie Cooper, who died Jan. 15. The nomination was returned by the Senate upon adjournment Dec. 22, but may be resubmitted when the new Congress convenes on Wednesday.

Another vacancy remains because Judge Stephen G. Larson resigned Nov. 2 of last year to join the law firm of Girardi | Keese.

Judge A. Howard Matz is scheduled to take senior status next year on July 11.

Bankruptcy Judge Geraldine Mund will retire Feb. 9, but will continue to sit as a recalled judge. She will stop accepting new cases once her successor is appointed, but will continue to hear previously assigned cases after that, court officials said.

The Ninth U.S. Circuit Court of Appeals, which appoints the bankruptcy judges, is accepting applications through Feb. 4.

Voters on Nov. 2 elected Third District Court of Appeal Justice Tani Cantil-Sakauye to succeed Chief Justice Ronald M. George. The new chief justice, who has already taken a ceremonial oath, assumes office Monday.

Third District

Justice Vance Raye was confirmed and sworn in Dec. 10 to succeed Presiding Justice Arthur G. Scotland, who retired Sept. 30. Elena Duarte, previously a Sacramento Superior Court judge and before that a Los Angeles Superior Court judge, was confirmed and sworn in to succeed Raye.

Also on Dec. 10 Andrea Hoch, previously the governor’s legal affairs secretary, was confirmed and sworn in to succeed Justice Rick Sims, and William Murray, previously a San Joaquin Superior Court judge, was confirmed and sworn in to replace Justice Rodney Davis.

Sims retired Nov. 30. Davis retired Feb. 16 of last year.

Fourth District

Justice Barton Gaut retired from Div. Two Feb. 28. Voters on Nov. 2 elected the governor’s nominee, Riverside Superior Court Judge Carol Codrington, to fill the seat for a 12-year term, which commences Monday.

Codrington has been sitting on the court by assignment since Nov. 8.

Fifth District

Justice Brad Hill was confirmed Dec. 10 to succeed Presiding Justice James Ardaiz, who retired Dec. 27. Donald R. Franson Jr., previously a Fresno Superior Court judge, was confirmed Dec. 10 as Hill’s successor, and took office upon his elevation.

Seats in other districts are filled.

Los Angeles Superior Court

Gov. Arnold Schwarzenegger named 11 judges to the court Dec. 6, filling vacancies created by the conversion of seven court commissioner positions, three four retirements and one death.

Michele E. Flurer and Lia R. Martin, previously commissioners, were tapped for judgeships, along with Deputy Public Defender Akemi D. Arakaki, Deputy District Attorneys John J. Lonergan Jr. and Shelly Baron Torrealba, and Deputy Alternate Public Defender Victor D. Martinez.

Private practitioners Russell S. Kussman, Yolanda Orozco, Salvatore T. Sirna, Robert E. Willett, and David V. Herriford were also appointed to the bench.

Flurer filled the vacancy created by the death of Judge Richard B. Wolfe. Martin, Arakaki, Lonergan, Torrealba, Martinez, Orozco, and Willett fill converted commissioner slots.

Kussman filled the vacancy created by the retirement of Judge Eudon Ferrell. Sirna fills the vacancy created by the retirement of Judge David Yaffe. Herriford filled the vacancy created by the retirement of Judge Gregg Marcus.

Judge Emily Stevens retired May 11. Her successor, Judge-elect Randy Hammock, is due to be sworn in Monday.

Judge Jerry E. Johnson sat for the last time on Nov. 18 and is retiring March 3.

Judge Harvey Silberman is disqualified while under felony indictment.

Commissioner Patrick Larkin is on medical leave. C

ommissioner Nicholas Taubert retired June 30. There are also commissioner vacancies as a result of the judicial appointments of Michael Convey on June 30 and of Lia Martin Dec. 6.

Commissioner Ralph Amado died Oct. 17.

Legislation of Interest to the Legal Community

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

•AB 60, by Assemblyman Kevin Jeffries, R-Murrieta, which would add battery on a police officer to the list of “serious felonies” for purposes of the Three-Strikes Law and other enhancement statutes. The bill was introduced Dec. 7.

•AB 67, by Assemblywoman Alyson Huber, D-El Dorado Hills, which would create a presumptive minimum sentence of 180 days in jail for sale of methamphetamine. The bill was introduced Dec. 13.

•AB 73, by Assemblyman Mike Feuer, D-West Hollywood, which would declare the Legislature’s intent to create a presumption in favor of public access to dependency proceedings, The bill was introduced Dec. 21.

•SB 5, by Sen. Tom Harman, R-Costa Mesa, which would require the attorney general to defend the constitutionality of initiative measures. The bill was introduced Dec. 6 and sent to the Rules Committee for assignment.

•SB 17, by former Sen. George Runner, R-Lancaster, which would permit a sex offender subject to Jessica’s Law, which prohibits such offenders from living within 2,000 feet of a park or school, to petition for a waiver of the requirement on the ground that “there is a pervasive lack of compliant housing in the county.” The bill was introduced Dec. 16 and sent to the Rules Committee for assignment.