March
30,
2018

A report on where
things
stand



Suspended Attorney Philip Layfield Facing Trial in Federal Court for Mail Fraud…Disciplinary Proceeding Against Carmen Trutanich Drags On…One Vacancy Remains on California Supreme Court



Judicial Elections

The primary election will be held June 5.
Those seeking election are:
Office No. 4: Deputy District Attorney Alfred A. Coletta, Deputy Los Angeles City Attorney Matthew Schonbrun, Los Angeles Superior Court Commissioner Veronica Sauceda.
Office No. 16: Deputy Los Angeles City Attorney Patricia (Patti) Hunter, Redondo Beach/Hermosa Beach Senior Deputy City Prosecutor Sydne Jane Michel, Deputy District Attorney Hubert S. Yun.
Office No. 20: Deputy District Attorneys Mary Ann Escalante and Wendy E. Segall.
Office No. 60: Deputy District Attorneys Tony J. Cho and Ben Colella and Deputy Public Defender Holly L. Hancock.
Office No. 63: Los Angeles Superior Court Judge Malcolm Mackey, attorney Anthony Lewis.
Office No. 67: Unemployed lawyer Onica Valle Cole, Deputy District Attorney Dennis P. Vincent, and State Bar Court Judge Maria Lucy Armendariz.
Office No. 71: Superior Court Commissioner Danielle R. A. Gibbons and Deputy District Attorney David Berger.
Office No. 113: Deputy District Attorneys Javier Perez and Steven Schreiner and attorney/realtor Michael P. Ribons.
Office No. 118: Deputy District Attorney Troy Davis and criminal defense attorney David D. Diamond.
Office No. 126: Senior Deputy Los Angeles County Counsel Rene Caldwell Gilbertson, private practitioner Shlomo Frieman, and Deputy District Attorney Ken Fuller.
Office No. 146: Deputy District Attorney Emily Theresa Spear and Los Angeles Superior Court Commissioner Armando Durón.


Judges, Lawyers Under Scrutiny

Philip Layfield
Suspended Attorney

Philip Layfield—who was suspended from law practice by the State Bar of California after he failed to show up for his Jan. 24 disciplinary hearing—was arrested in New Jersey this month and is facing trial in federal court here on a charge of mail fraud.
The single count is in connection with his pocketing settlement funds belonging to Josephine Nguyen, who was a client of the erstwhile law firm of Layfield & Barrett. She was to receive 60 percent of a $3.9 million settlement of her personal injury claim, amounting to $2,315,000.
According to State Bar charges, Layfield “willfully and intentionally misappropriated at least $2,314,942.20 ($2,315,000-$57.85)” of Nguyen’s share. However, Mark E. Speidel, a special agent in the Department of Homeland Security, said in an affidavit in support of an arrest warrant that she was given an “advance” of $25,000.
The State Bar Office of Chief Trial Counsel filed disciplinary charges against on Sept. 20 alleging that the attorney misappropriated more than $3.4 million from his clients.
Layfield acknowledges moving funds from the attorney-client trust account to his erstwhile firm’s general fund, but insists he thought there was enough money in the coffers to cover the clients’ shares of settlements. He ascribes blame to others, including the State Bar’s prosecutor.

Delia M. Metoyer
Deputy Public Defender

Oral argument is scheduled for April 11 before the State Bar Court Review Department. Metoyer is contesting discipline imposed on Sept. 15 based on client abandonment, failure to obey a court order, and failing to report a sanction imposed on her.
Metoyer was placed on probation for one year and ordered suspended from law practice for one month.
She became emotionally upset when, after announcing ready in a case on Jan, 15 2015, Los Angeles Superior Court Judge Elizabeth Hunter declined to release her to go to a previously unmentioned doctor’s appointment the next day. The judge let her use the private bathroom in her chambers to compose herself but Metoyer fled, with the judge, the prosecutor, three witnesses and her client waiting in the courtroom and prospective jurors in the hallway.
A supervisor in the Public Defender’s Office eventually contacted the judge and secured her agreement to allow Metoyer to take the following morning off to have an MRI, but Hunter ordered that Metoyer return to the courtroom immediately. She refused to go there, and another lawyer was sent.
On April 10, 2015, Hunter imposed sanctions on Metoyer in the amount of $1,500. Metoyer did not abide by the statutory obligation to report to the State Bar any sanction of $1,000 or more.

Carmen Trutanich
Former Los Angeles City Attorney

Proceedings in the disciplinary matter of Los Angeles’s former city attorney have started and stopped repeatedly, with one trial continuance after another. A pretrial conference had been scheduled for March 12, but the proceeding has been stayed and a status conference is set for Sept. 24.
Trutanich, as the deputy district attorney prosecuting a capital murder case in 1985 and 1986, put on a witness who testified that she witnessed defendant fatally shooting a victim from a van. The witness said she was in a station wagon being driven by one Jean Rivers.
The Office of Chief Trial Counsel is alleging that Trutanich “knew, or was grossly negligent in not knowing” that the testimony was false insofar as the identity of the driver, whose actual name was Arlene McKay. In failing to divulge the driver’s true identity, as well as her home address, Trutanich breached his constitutional obligation of making disclosures to the defense of potentially exculpatory evidence, as required by Brady v. Maryland (1963) 373 U.S. 83, it is asserted.
The initial notice of charges was dated Feb. 9. An amended notice was filed July 10.
The current charges are that Trutanich:
By committing a Brady violation, ran afoul of Business and Professions Code §6068(a) (duty to “support the Constitution and laws of the United States and of this state”). lSuppressed evidence “in willful violation of Rules of Professional Conduct, rule 5-220.” lCommitted “an act(s) of moral turpitude, dishonesty, or corruption in willful violation of Business and Professions Code, section 6106.”
By “intentionally or with gross negligence” failing to correct the testimony, “committed an act involving moral turpitude, dishonesty or corruption in willful violation of Business and Professions Code §6106.”
Trutanich—who served as city attorney from 2009-13 and is now at Tucker Ellis LLP in Los Angeles—is also charged with allowing a police detective to testify falsely at a pretrial hearing in the same murder case. Trutanich has repeatedly denied the charges.
He is represented by ethics lawyer David C. Carr of San Diego. The Office of Chief Trial Counsel has three lawyers assigned to the case: Senior Trial Counsel Eli D. Morgenstern, co-counsel Edward O. Lear and deputy co-counsel Caitlin Marie Elen.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There are six vacancies on the 29-judge court.
Judge Richard C. Tallman assumed senior status on March 3.
Judge Alex Kozinski retired Dec. 18 in the light of sexual misconduct allegations uncovered by the Washington Post and following Chief Justice John Roberts’ assignment of the task of investigating the charges to the Second Circuit Court of Appeals.
Judge Harry Pregerson took senior status Dec. 11, 2015 (and died Nov. 25 of respiratory disease, at the age of 94).
Judge Barry Silverman took senior status Oct. 11, 2016; and Judges Richard Clifton and Diarmuid O’Scannlain took senior status Dec. 31 of that year.
There are two nominees. Ryan Wesley Bounds, assistant United States attorney for the District of Oregon, was nominated Sept. 7 to assume the seat vacated by O’Scannlain, and Mark J. Bennett, former attorney general of Hawaii was picked Feb. 15 to replace Clifton.
There is one upcoming vacancy. Judge N. Randy Smith is scheduled to assume senior status Aug. 11.


 

There are six vacancies. Judge Beverly Reid O’Connell died Oct. 8 at the age of 52. Judge Audrey B. Collins resigned Aug. 1, 2014 to join the state Court of Appeal; Judge Margaret Morrow took senior status Oct. 29, 2015 and subsequently left the bench to become president and chief executive of Public Counsel; Judge Dean Pregerson (son of the late Judge Harry Pregerson) took senior status Jan. 28 of last year; Judge Christina A. Snyder took senior status Nov. 23 of last year; and Judge George H. King retired Jan. 6.
There are no nominees to replace them.




Justice Kathryn M. Werdegar retired Aug. 31. No replacement has been named.


Second District

Div. Five: Presiding Justice Paul A. Turner of Div. Five died May 18.
Div. Seven: No nomination has been made to fill the vacancy due to the retirement of Justice Fred Woods on March 31, 2015.
Divs. One, Two, Div. Three, Four, Six, Eight: There is no vacancy.
Assigned to the Court of Appeal as pro tems are Los Angeles Superior Court Judges Helen Bendix, Laura A. Matz, Halim Dhanidina, Brian S. Currey, Upinder S. Kalra, Anthony J. Mohr, Dorothy C. Kim, Curtis A. Kin, Carl H. Moor, Gail Ruderman Feuer, and Henry J. Hall, as well as retired Los Angeles Superior Court Judge Allan Goodman and Orange Superior Court Judges James Edward Rogan and Kim Dunning.

Seats in other districts are filled.

Los Angeles Superior Court

Judge Ross Klein died Feb. 6.
Judge Leslie Green retired Feb. 10 and Judges C. Edward Simpson and Roy Paul on Feb. 16; Judge Mark G. Nelson retired March 1, Judges Christine Ewell, Carol Henry “C.H.” Rehm Jr. and William Barry on March 8, Judge Donna Goldstein on March 22, and Judge Michael Johnson will retire as of tomorrow.



 

 

 


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