July
30,
2010

A report on where
things
stand


Tani Cantil-Sakauye, Nominated for Chief Justice, Faces Aug. 25 Confirmation Hearing... Walter Karabian Trial Continued Until September...Confirmation Hearing Held For Ninth Circuit Nominee Mary Murguia


Judicial Elections

The following are the results of the June 8 primary (official ballot designations in parentheses):

• Office No. 28—Randy Hammock (Superior Court Referee) and Mark K Ameli (Arbitrator/Mediator/Litigator) were the top two vote-getters and face a November runoff for the seat from which Judge Emily Stevens retired May 11. Ameli earlier this month asked the Los Angeles County Registrar-Recorder’s Office to change his ballot designation to “Superior Court Litigator,” but the office declined to accept that designation. Campaign consultants working in the race are David Gould for Ameli and Jill Barad for Hammock.

• Office No. 35—Soussan (Suzanne) Bruguera (Superior Court Judge) defeated Douglas W. Weitzman (Public Rights Attorney.).

• Office No. 73—Laura A. Matz (Superior Court Judge) defeated Marvin G. Fischler (Attorney/Mediator/Arbitrator).

• Office No. 107—Valerie Salkin (Gang Prosecutor) defeated R. Stephen Bolinger (Juvenile Advocate Attorney), and Tony de los Reyes (Attorney/Hearing Officer) for the seat held by Judge William Weisman prior to his May 11 retirement.

• Office No. 117—Alan Schneider (Gang Homicide Prosecutor) and Tom Griego (Criminal Prosecutor) face a runoff for the seat now held by Judge William Pounders. Fred Huebscher is Schneider’s consultant, while Parke Skelton is working for Griego.

• Office No. 131—Maren Elizabeth Nelson (Superior Court Judge) defeated Jim Garo Baklayan (Civil Litigation Attorney.)


Judges, Lawyers Under Scrutiny

Harvey Silberman
Los Angeles Superior Court Judge

Orange Superior Court Judge Richard M. King has set a Sept. 17 deadline for the filing of pretrial motions on behalf of Silberman and two campaign consultants. The three are charged with offering an inducement to Deputy District Attorney Serena Murillo, Silberman’s 2008 opponent, to get out of the race.

King set Oct. 15 as the date for hearing defense motions. The defendants have waived their speedy trial rights for 60 days from that date.

Silberman’s attorney, Daniel Nixon, has already filed a motion to sever the judge’s trial from those of his co-defendants.

King, who is hearing the case as an assigned Los Angeles Superior Court judge, earlier dismissed charges against the three defendants of soliciting bribes, but denied their motions to throw out the election-law charges. A writ petition seeking to have those dismissed as well was denied by this district’s Court of Appeal and the California Supreme Court.

Walter Karabian
Attorney and Former Legislator

Karabian, a onetime majority leader of the California Assembly, faces a Sept. 8 trial in East Los Angeles on a misdemeanor charge of assault with a deadly weapon. The trial was continued from July 19.

Karabian allegedly hit a parking attendant with his car during a USC football game last year. Prosecutors charge that he tried to drive his car into a parking structure at Exposition Park at around noon on Dec. 5 but was stopped by the attendant, who told him he did not have the proper permit, and that he intentionally struck her with the car.

Ricardo A. Torres II
Attorney

Torres—whose family is well known in legal and political circles, and who apparently abandoned his two minor children along with his law practice and left the country earlier this year—tendered his resignation from the State Bar on July 12 in the face of disciplinary charges.

The group filed charges against Torres in April, accusing 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

On May 13, the Senate Judiciary Committee voted 12-7, along party lines, to approve the Feb. 24 nomination of UC Berkeley law professor Goodwin Liu to fill an open position on the court. Liu was unanimously rated “exceptionally well qualified” by the American Bar Association’s evaluating committee.

U.S. District Judge Mary H. Murguia of the District of Arizona, nominated to succeed Judge Michael Daly Hawkins, who took senior status Feb. 12, had her confirmation hearing July 15.

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.

 

There are two vacancies, for which no nominations have been made. Judge Florence-Marie Cooper died Jan. 15 and 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.


The Commission on Judicial Appointments has set an Aug. 25 confirmation hearing in Sacramento for Third District Court of Appeal Justice Tani Cantil-Sakauye, nominated by the governor on July 21 to succeed Chief Justice Ronald M. George, who will leave office at the end of his term in January.

If she is confirmed by the commission, voters will decide in November whether to elect Cantil-Sakauye as chief justice for a 12-year term by voting Yes or No.

Third District

Justice Fred Morrison retired at the end of January of last year. Justice Rodney Davis retired Feb. 16 of last year, Presiding Justice Arthur G. Scotland is scheduled to retire Sept. 17 and Justice Richard Sims III said he will retire sometime between October of this year and January of next year.

The name of Sacramento Superior Court Judge Jaime R. Roman has been sent to the JNE Commission as a possible appointee to the court.

Fourth District

Justice Barton Gaut is retiring from Div. Two Feb. 28.

Fifth District

The governor on June 30 nominated Madera Superior Court Judge Jennifer Detjen to succeed Justice Steve Vartabedian, who retired March 31. Detjen’s confirmation hearing is scheduled for Aug. 6.

Presiding Justice James Ardaiz is not seeking retention. The governor must nominate a successor before Sept. 16, and if the nominee is approved by the Commission on Judicial Appointments and then on the November general election ballot, he or she would take office in January.

Seats in other districts are filled.
Los Angeles Superior Court


The governor appointed 11 new judges June 30 and four July 21.

On June 30, Michael Convey, who was serving as a commissioner, and Los Angeles Deputy City Attorney Timothy Saito were named to fill posts that were converted from commissioner vacancies to judgeships last year.

Christine C. Ewell, head of the Criminal Division of the U.S. Attorney’s Office for the Central District of California, was named to succeed Judge Josh Fredricks, who retired on Sept. 12 of last year.

Family law practitioner Diana Gould-Saltman was appointed to the seat from which Judge Judith Chirlin retired on Sept. 15 of last year. Brian Hoffstadt, a partner at Jones Day, was named to the seat from which Judge Bob T. Hight retired last Nov. 1.

Deputy Alternate Public Defenders James Horan, Yvette Verastegui, and Upinder Kalra were named to the seats previously held by Judge Brett Klein, who retired last Nov. 30; Judge Michael Mink, who retired on March 2l; and Judge Judge Jacqueline Nguyen, who resigned in December to join the federal bench.

Marc Marmaro, a partner in Jeffer, Mangels, Butler & Marmaro, was chosen to fill a post that was converted from a commissioner position to a judgeship earlier this year. Christopher L. Taylor, a sole practitioner, succeeds Judge William Chidsey, who retired on Feb. 26.

Deputy District Attorney Carlos E. Vasquez is the successor to Judge Terry Friedman, who retired on Feb. 28.

On July 21, the governor named Deputy District Attorney Catherine F. Brougham to fill a vacancy caused the conversion of a commissioner position, Deputy District Attorney Tamara E. Hall to fill the seat vacated when Judge Elizabeth Grimes was elevated to the Court of Appeal, private practitioner Denise McLaughlin-Bennett to fill the seat of Judge Paul Gutman, who died June 13, and Deputy District Attorney Valerie Salkin who succeeds Judge William Weisman.

Weisman retired May 11, and Salkin was elected to his seat in June. The appointment enables her to fill the seat immediately rather than waiting until January.

Judge Emily Stevens retired May 11. Her successor will be chosen in a November runoff election.

Judge Harvey Silberman is disqualified while under felony indictment.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorney Carla Ford; former Deputy District Attorney Christopher Darden, now in private practice; former Assistant U.S. Attorney David P. Vaughn, now a managing director of the litigation and consulting firm FTI Consulting, Inc.; criminal defense specialist Steven Cron of Santa Monica; Los Angeles Assistant City Attorney Gary Geuss; Los Angeles Deputy City Attorneys Richard Kraft and Edward J. Perez; state Deputy Attorneys General Steven D. Matthews, Emilio E. Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand; Deputy District Attorneys Andrea Thompson, Teresa Sullivan, Sean Hassett, Frances D. Young, Jennifer Lentz Snyder, Joseph Markus, Steven I. Katz, Alison S. Matsumoto, Jeffrey Gootman and John D. Harlan II; Commissioners Lia Martin, Michele Fleurer, Cynthia Zuzga, John Slawson, Rocky L. Crabb, Joel Wallenstein, Dennis Mulcahy, Marilyn Kading Martinez, Mary Lou Katz Byrne, Steven Berman, Mark Zuckman and Loren DiFrank; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Angel Navarro; Deputy Alternate Public Defender Jerome J. Haig; Deputy Public Defender Lisa Brackelmans; Securities and Exchange Commission lawyer Martin Joseph Murphy; Los Angeles attorneys David Herriford, Philip J. Ganz Jr., Marshall Mintz, Howard Fields, Michael Wilner, Shan K. Thever, John L. Carlton, Adrienne Krikorian, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman; Pasadena attorneys Anthony de los Reyes and Warren Gilbert; Glendale attorney Mark J. MacCarley; Tujunga lawyer John K. Raleigh; Woodland Hills attorney John Cha; Westlake Village attorney Michael Nebenzahl; and Karlene Goller, counsel for the Los Angeles Times.

Commissioner Dennis Shanklin retired on March 15 and Commissioner Murray Gross on March 31.

Commissioner Patrick Larkin is on medical leave.

Commissioners Marc Lauper and Lori Jones retired at the end of April.

Commissioner Ralph Olson retired June 28 and Commissioner Nicholas Taubert June 30. There is also a commissioner vacancy as a result of Michael Convey’s June 30 judicial appointment.

Scott M. Gordon, formerly a commissioner, was appointed a judge on April 8.

Legislation of Interest to the Legal Community

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

•AB 674, by Assemblywoman Mary Salas, D-Chula Vista, which would establish a deferred entry of judgment program and a preconviction drug diversion program for veterans who suffer from post-traumatic stress disorder or traumatic brain injury, and who commit specified offenses. The bill was amended in the Senate July 15.

•AB 939, by the Committee on the Judiciary, which would, as amended, make certain changes in family law procedure. Among the changes would be a requirement that the court hear live testimony, absent a finding that it is unnecessary to do so, and a requirement that the court award attorney fees and costs if it finds that a disparity exists between the parties in terms of access to counsel and ability to pay. The bill would direct a social worker to draw no inference regarding the credibility of allegations of child abuse from the mere existence of a child custody or visitation dispute, and would also provide an exception to the confidentiality of child welfare agency records for certain participants in family law and probate guardianship cases. The bill, which passed the Assembly in January, was amended in the Senate July 15 and re-referred to the Appropriations Committee.

•AB 1050, by Assemblywoman Fiona Ma, D-San Francisco, which would, among other things, provide that a child 14 years of age or older has the right to testify at a custody or visitation hearing, except that the court may, if it finds that such testimony is not in the best interests of the child, ascertain the child’s preferences by other means. A hearing before the Senate Appropriations Committee has been scheduled for Monday.

•AB 1714, by Assemblyman Felipe Fuentes, D-Sylmar, appropriating $20 million to settle the claims of kidnap victim Jaycee Dugard and her two minor children against the Department of Corrections and Rehabi­li­ta­tion. The bill passed the Senate July 1 by a vote of 30-1, passed the Assembly with Senate amendments July 1 by a vote of 74-2, and was signed into law by the governor July 9.

•AB 1894, by Assemblyman Bill Monning, D-Santa Cruz, which would extend the time in which to file a Code of Civil Procedure Sec. 170.6 affidavit against a judge assigned for all purposes by five days. The bill, which passed the Assembly in April, passed the Senate July 1 by a vote of 34-0 and was sent to the Assembly for concurrence in Senate amendments.

•AB 2674, by Assemblyman Marty Block, D-San Diego, which would provide that when one spouse solicits the murder of the other, the other is entitled to 100 percent of any community property interest in his or her retirement benefits, and the spouse who solicited the murder cannot receive spousal support or insurance benefits from the spouse whose murder he or she solicited. The same provisions already exist with respect to a spouse who attempts to murder the other. The bill was signed into law by the governor July 9.

•SB 399, by Sen. Leland Yee, D-San Francisco, which would, under limited circumstances, allow a judge to reduce the term of a defendant who has served 10 years or more of a sentence of life imprisonment without the possibility of parole for a crime committed when the defendant was under the age of 18. The bill, which passed the Senate in June of last year, was approved by the Assembly Appropriations Committee June 30 by a vote of 9-6 and placed on third reading July 14.


 

 

 


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