End of the Month

Trial of Attorney Mervyn Wolf, Accused of Stealing From Clients, Continued to September...Justice Vogel, Judge Swart Slate Retirements...Five Superior Court Contests Headed to Runoffs

Judicial Elections

Results of the June 3 primary election were (candidate's ballot designations in parentheses:

• Office No. 4-Ralph W. Dau (Judge of the Superior Court) defeated Sydnee Singer (Trial Attorney). Fred Huebscher was Dau's campaign consultant.

• Office No. 69-Harvey A. Silberman (Superior Court Commissioner) defeated Serena R. Murillo (Criminal Prosecutor) for the seat now held by Judge Tracy Grant. Murillo used Cerrell Associates Inc. as her consulting firm; Silberman's consultants were Evelyn Jerome Alexander and Randy Steinberg of SJA Strategies.

• Office No. 72-Hilleri Grossman Merritt (Criminal Trial Prosecutor) and Steven A. Simons (Consumer Rights Attorney) qualified for a runoff; Marc Alain Chomel (Supervising Criminal Prosecutor) was eliminated. The seat is now held by Judge Francis A. Gately Jr. Merritt retained the Cerrell firm; Simons is represented by Torrance consultant James Freeman.

• Office No. 82-Cynthia Loo (Superior Court Referee) and Thomas Rubinson (Criminal Prosecutor) outpolled Mark Lee (Criminal Prosecutor/Professor) and will compete in a runoff for the seat of Judge Wendell Mortimer Jr., who retired April 30. Loo has SJA Strategies as consultant, while Rubinson has David Gould as his campaign treasurer and strategist.

• Office No. 84-Pat Connolly (Criminal Gang Prosecutor) and Lori-Ann C. Jones (Superior Court Commissioner) qualified for the runoff for the seat now held by Judge Gibson W. Lee. Bob Henry (Prosecutor Deputy Attorney-General) and John "Johnny" Gutierrez (Administrative Law Judge) were eliminated. Jones is represented by SJA Strategies, while Gould is advising Connolly, in addition to serving as campaign treasurer.

• Office No. 94-Michael J. O'Gara (Criminal Prosecutor) and C. Edward Mack (Criminal Trial Attorney) will compete in the runoff for the seat now held by Judge Michael Duggan, who will retire July 31. Eduard R. Abele (Criminal Prosecutor), who had Gould as his campaign strategist and treasurer, was eliminated. O'Gara used the San Fernando Valley-based firm of Blair-Biggs Campaigns.

• Office No. 95-Patricia D. Nieto (Superior Court Commissioner) defeated Lance E. Winters (Criminal Prosecutor) for the seat previously held by Judge Alan Kalkin, who retired Feb. 19. Carlos Leon was Nieto's consultant, while Winters had Jill Barad in his corner.

• Office No. 119-Jared D. Moses (Criminal Prosecutor) defeated Douglas W. Weitzman (Consumer Law Attorney) and Robert Davenport (Retired Lieutenant Colonel) for the seat last held by Judge Dzintra Janavs, who retired March 20. Moses retained the Cerrell firm.

• Office No. 123-Kathleen Blanchard (Gang Murder Prosecutor) outpolled Alan A. Nadir (Criminal Gang Prosecutor), and Richard A. Nixon (Attorney at Law) for the seat of Judge Michael Luros, who retired March 17.

• Office No. 125-James Bianco (Superior Court Commissioner) defeated Bill Johnson (International Corporate Lawyer) for the seat last held by Judge Daniel S. Pratt, who retired March 2. Bianco's consultant was Parke Skelton, Johnson's campaign was managed by Republican activist Holly Clearman.

• Office No. 154-Michael V. Jesic (Criminal Gang Prosecutor) and Rocky L. Crabb (Superior Court Commissioner) outpolled Paul (Pablo) Bruguera (Deputy Attorney General) for spots in the runoff for the seat held by Judge Jack P. Hunt, who is retiring July 31. Crabb's consultant is Huebscher.

Judges, Lawyers Under Scrutiny

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, faces a Sept. 4 trial on five felony embezzlement counts. The trial was continued from June 3.

Wolf is accused of having taken settlement funds from his clients in multiple personal injury, workers' compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients' trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10 of last year and faces discipline in connection with several matters. He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues.

Richard I. Fine
Attorney

The State Bar Court Review Department heard arguments last Tuesday on whether Fine, an attorney since 1973, should be disbarred. Hearing Judge Richard Honn recommended in November that Fine lose his license as a consequence of what the judge said was a concerted campaign of harassing litigation targeting judicial officers who had ruled against him, in particular Los Angeles Superior Court Commissioner Bruce Mitchell.

Fine argued that the disciplinary action is a challenge to his free speech rights, which counsel for the State Bar disputed, saying Fine engaged in moral turpitude by continuously relitigating issues on which he had been ruled against.

Roosevelt Dorn
Former Los Angeles Superior Court Judge

Dorn, who served on the Inglewood Municipal Court and the Los Angeles Superior Court from 1979 until his election as mayor of Inglewood in 1997, faces a July 3 arraignment after being charged with conflict of interest and misappropriation of public funds. He is alleged to have personally benefited from a loan program designed to assist city employees in purchasing and improving housing within the city.

Judiciary: Vacancies, Appointments

Ninth U.S. Circuit Court of Appeals

There has been a vacancy on the court since Judge Stephen Trott took senior status Dec. 31, 2004. Another vacancy, in a newly created position, will be created on Jan. 21 of next year.

There is one vacancy on the court.

Orange Superior Court Judge James E. Rogan, a former congressman and Commerce Department official, was nominated Nov. 15, 2006, and renominated in January of last year, to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal.

Rogan has been unable to secure a confirmation hearing because Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has a "blue slip" policy under which a hearing will be held only if both of the nominee's home state senators approve. Sen. Barbara Boxer, who has previously supported all candidates recommended by a bipartisan advisory committee, opposes Rogan's nomination, in part because of his role as one of the prosecutors at the impeachment trial of President Bill Clinton.

There are no vacancies.

Second District

Three jurists won confirmation to posts on the court and were sworn in June 4.

Robert Mallano, who had been acting presiding justice, succeeded Vaino Spencer as presiding justice of Div. One. Spencer retired Sept. 1 after 27 years on the court and a total of 46 years on the bench.

Tricia Bigelow, previously a Los Angeles Superior Court judge, succeeded Justice Paul Boland of Div. Eight. Boland died Sept. 5 after more than 25 years of judicial service.

Frank Jackson, who also was a Los Angeles Superior Court judge, was nominated May 16 to succeed Justice Earl Johnson Jr., who retired from Div. Seven Oct. 17 after nearly 25 years on the court.

Retired Los Angeles Superior Court Judge Richard P. Neidorf is sitting on assignment in Div. One through to Aug. 8.

Justice Miriam Vogel is retiring from Div. One Thursday.

Seats in other districts remain filled.

Los Angeles Superior Court

Judges Tricia Bigelow and Frank Jackson were elevated to the Court of Appeal June 4.

Four vacancies occurred last month-Judge Elena Duarte was appointed to the Sacramento Superior Court May 16, Judge Francis Hourigan III retired May 15, Judge David Mintz died May 12, and Judge Patricia Collins retired May 6 and is now a private judge with ADR Services, Inc.

Earlier vacancies resulted from the retirements of Judge Alan Kalkin Feb. 19, Judge Barry Taylor Feb. 20, Judge Daniel S. Pratt March 2, Judge Michael Luros March 17, Judge Dzintra Janavs March 20, Judge Stanley Weisberg April 11, and Judge Wendell Mortimer Jr. April 30.

Judge S. Patricia Spear has left the bench and will officially retire July 15, Judge Michael Duggan's last workday was June 6 and his retirement will be effective July 22, Judge Jack Hunt, whose last workday was June 20, will retire July 31; and Judge Coleman Swart is retiring Sept. 15.

Judge Suzanne Person has been on leave following back surgery and is expected to retire.

A newly created position on the court was to have been funded as of June 1, but legislation designed to ease the state budget crisis postponed the effective date to June 1 of next year.
Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are former Los Angeles Mayor James K. Hahn, 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 Deputy City Attorneys Richard Kraft and Edward J. Perez; state Deputy Attorneys General Steven D. Matthews, E. Eugene Varanini IV, Victoria Wilson, Paul Roadarmel Jr., Robert S. Henry and Kenneth Byrne; Administrative Law Judge Robert Helfand, Deputy District Attorneys Steven I. Katz, Alison S. Matsumoto, Thomas Rubinson, Shellie Samuels, Jeffrey Gootman, Karla Kerlin, Ricardo Ocampo, and Laura Laesecke; Commissioners Rocky L. Crabb, Michael Convey, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Ronald Rose, Marilyn Kading Martinez, Mary Lou Katz Byrne, and Loren DiFrank; Referee Steven Berman; 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; Los Angeles attorneys Shan K. Thever, John L. Carlton, Adrienne Krikorian, Mark A. Borenstein, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman, Pasadena attorney Warren Gilbert, Glendale attorney Mark J. MacCarley, and Westlake Village attorney Michael Nebenzahl.
Jacqueline Lewis, previously a referee, took office as a commissioner June 19, succeeding Tamila Ipema, who resigned last month to become a San Diego Superior Court commissioner. Lewis has also been referred to the JNE commission as a possible judicial appointee.

Commissioners Victor Reichman, Richard Curtis and Albert Garcia retired March 31. Commissioner Kevil Martin is retiring Aug. 4.

Commissioner Martin L. Goestch is on long-term sick leave.

Commissioner Gerald Richardson retired May 31 after having been on long-term sick leave.

Legislation of Interest to the Legal Community

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

•AB 171, by Assemblyman Jim Beall, D-San Jose, which, as amended, would implement the Court of Appeal decision in In re Estate of Claeyssens, 161 C.A. 4th 465, by eliminating graduated probate filing fees and establishing a uniform fee of $320, payable upon filing of a party's first petition or objections. The bill, which passed the Assembly last year in a different form, passed the Senate Judiciary Committee June 11 by a vote of 5-0.

•AB 268, by Assemblyman Charles Calderon, D-Industry, which would expand the circumstances under which a witness is deemed unavailable for purposes of establishing an exception to the hearsay rule. The bill, which passed the Assembly June 5 of last year by a vote of 77-0, was gutted in the Senate June 19 and replaced with unrelated content.

•AB 357, by Assemblyman Tony Mendoza, D-Norwalk, which would allow candidates to use donated funds, not subject to campaign contribution limits, to pay attorney fees for recounts and related litigation. The bill, which passed the Assembly last year by a vote of 74-0, was amended in the Senate June 16, stripped of the existing language, and replaced with unrelated content.

•AB 360, by Assemblyman Wilmer Carter, D-Rialto, which, as amended, would make changes relating to the juvenile justice system, authorizing counties to establish "restorative" programs. The bill passed the Assembly earlier this year, was amended in the Senate June 2, and passed the Senate Public Safety Committee June 10 by a vote of 4-1.

•AB 1405, by Assemblyman Bill Maze, R-Visalia, which, as amended, would provide for the confidentiality of statements made by juveniles in the course of assessments under Welfare and Institutions Sec. 241.1. The bill, which passed the Assembly last year, was amended in the Senate June 24 to eliminate a provision allowing the minor's counsel to waive confidentiality.

•AB 1679, by Assemblywoman Noreen Evans, D-Santa Rosa, which, as amended, would open court files in paternity actions to the parties and their attorneys or agents without the necessity of a court order, although judgments would remain sealed. The bill would, with respect to all others, retain the requirement of a court order, granted only in "exceptional cases," before any part of a court file in a paternity case could be made public. The bill passed the Senate June 19 by a vote of 35-0, passed the Assembly June 23 by a vote of 77-0, and was sent to the governor.

•AB 1820, by Assemblywoman Cathleen Galgiani, D-Stockton, which would revise the formula by which counties are reimbursed for the cost of homicide trials. The bill, which passed the Assembly May 19 by a vote of 76-0, was amended in the Senate June 11.

•AB 1852, by Assemblyman Kevin Jeffries, R-Murrieta, which would make it an infraction, rather than a crime, to participate in a sports betting pool, as long as no one is being paid to "book" bets. The bill passed the Assembly May 8 by a vote of 65-4 and was referred to the Senate Committee on Public Safety. As amended in the Senate May 23 and June 17, the change would not apply where the amount of the pool is more than $2,500 or where the wager was placed online, and would reduce the maximum fine for the first offense to $250.

•AB 1873, by Assemblyman Ted Lieu, D-Torrance, which would permit a party or witness, with the permission of the court, to appear by telephone in small claims court. The bill, which passed the Assembly April 14 by a vote of 67-4, was approved by the Senate Judiciary Committee June 24 by a vote of 4-1.

•AB 2095, by Assemblyman Mike Davis, D-Los Angeles, which would require disclosure of the identities of persons who advise the governor with respect to judicial appointments and require members of the State Bar Commission on Judicial Nominees Evaluation to complete two hours of training each year "in the areas of fairness and bias in the judicial appointments process." The bill, which passed the Assembly May 19 by a vote of 46-27, was amended in the Senate June 12 and approved by a 3-2 vote of the Judiciary Committee June 25.

•AB 2448, by Assemblyman Michael Feuer, D-West Hollywood, which, as amended, would revise standards and procedures for granting fee waivers in civil cases, providing among other things, for a lien against a plaintiff's recovery for waived fees, if the amount of the settlement or judgment exceeds $10,000. The bill, which passed the Assembly May 8 by a vote of 50-25, was amended in the Senate June 16 and approved by a 3-2 vote of the Judiciary Committee June 25.

•AB 3049, which, as amended, would authorize the State Bar to charge dues for next year at the current $400 rate, plus a $10 annual fee that would be authorized through 2013 and would be used solely to acquire a southern California headquarters to which the State Bar would relocate once its current lease expires in 2014. The bill passed the Senate Judiciary Committee June 10 by a vote of 4-1, then was amended in the Senate on June 18 to require that the building fee money be credited back if the new facilities are not contracted for by the time the current lease expires.

•SB 1407, by Sen. Don Perata, D-Oakland, which would authorize a major court facilities capital outlay program for the improvement, renovation and replacement of court facilities. Under SB 1407, up to $5 billion in lease revenue bonds would be issued to finance approximately 40 court facilities projects.†The projects would be selected by the Judicial Council, and the state bonds would be financed by revenues that would be generated by raising certain civil and criminal fees and assessments. The bill would exempt such facilities from existing law requiring that plans for the construction or renovation of facilities where persons are detained be submitted to the Corrections Standards Authority for its recommendations. The bill passed the Senate as an urgency measure May 29 by a vote of 28-8 and was amended in the Assembly June 18.