May 31,
2019

A report on where
things
stand



U.S. Senate Confirms Two Nominees to Ninth U.S. Circuit Court of Appeals…Judge Lager Retires From Los Angeles Superior Court…Eight Vacancies Remain on U.S. District Court, Three Nominations Are Pending


Judges, Lawyers Under Scrutiny

Jeffrey Johson
Court of Appeal Justice

Disciplinary charges have been brought by the Commission of Judicial Performance against Jeffrey Johnson, a justice of the Court of Appeal for this district’s Div. One. A public hearing before special masters is slated to commence on Aug. 5 at 9 a.m. at the office of the State Bar Court at 845 S. Figueroa Street, Los Angeles.

The masters are Court of Appeal Justice Judith L. Haller of the Fourth District’s Div. One, San Diego Superior Court Judge Louis R. Hanoian, and Imperial Superior Court Judge William D. Lehman.

The commission alleges that Johnson has “engaged in a pattern of conduct towards Justice Victoria Chaney” of his division “that was unwelcome, undignified, discourteous, and offensive, and that would reasonably be perceived as sexual harassment or as bias or prejudice based on gender,” uttered an inappropriate comment of a sexist nature to Justice Elizabeth Grimes of Div. Eight, and has otherwise persistently conducted himself in an improper manner toward female judges and attorneys.

He is also accused of appearing to be drunk in public.

Johnson has denied the accusations.

Philip James Layfield
Disbarred Attorney, Accused Felon, Truck Driver

Layfield has been released on bail and is presently residing in Delaware. He is facing a Sept. 10 trial in the U.S. District Court for the Central District of California on charges of mail fraud and money laundering.

The prosecution is in connection with Layfield 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 $2.3 million.

The defendant, apprehended in New Jersey in March, 2018, and incarcerated until August of last year, had previously fled to Costa Rica.

Trial was initially set for May 15, 2018, was continued to Aug. 14, 2018, was set for Feb. 26, and is now scheduled for Sept. 10.

Attorney Anthony M. Solis, on Aug. 17, 2018, filed an emergency motion for an order modifying the terms of Layfield’s release to permit him to leave his residence to attend classes, paving the way for him to obtain a commercial driver’s license so he could seek employment as a truck driver. The motion was granted and he completed a seven-week course. On Oct. 16, District Court Judge Michael W. Fitzgerald of the Central District of California granted a motion permitting him to accept employment with a trucking company.

Layfield was suspended from law practice by the State Bar of California after he failed to show up for his Jan. 24, 2018 disciplinary hearing. The State Bar Office of Chief Trial Counsel filed disciplinary charges against him on Sept. 20, 2017, alleging that the attorney misappropriated more than $3.4 million from his clients. He was disbarred Oct. 27, 2018.

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 prosecutor.


Judiciary: Vacancies, Appointments



Ninth U.S. Circuit Court of Appeals

There are two vacancies on the 29-judge court following the U.S. Senate’s confirmation this month of two of President Trump’s nominees.

Los Angeles attorney Kenneth Kiyul Lee, a partner in Jenner & Block since 2009, won approval by a vote of 52-45. He was an associate counsel and special assistant to the president from 2006 to 2009. He succeeds Judge Stephen Reinhardt who died March 29, 2018.

Judge Alex Kozinski retired Dec. 18, 2017, in the light of sexual misconduct allegations. The president on Feb. 6 nominated Daniel Aaron Bress of Kirkland & Ellis to take his seat.

Judge Diarmuid O’Scannlain went on senior status Dec. 31, 2016. No replacement has been named.

 

There are eight vacancies.

Judge Manuel Real, 94, assumed senior status on Nov. 4, after 52 years on the bench.
Judge S. James Otero assumed senior status Dec. 30.

Judge Beverly Reid O’Connell died Oct. 8, 2017, at the age of 52.

Judge George H. King retired Jan. 6, 2017. Trump has nominated Mark C. Scarsi of Milbank, Tweed, Hadley & McCloy to take King’s seat.

Judge Christina A. Snyder took senior status Nov. 23, 2016.

Judge Dean Pregerson took senior status Jan. 28, 2016.

Judge Margaret Morrow took senior status Oct. 29, 2015, and subsequently left the bench to become president and chief executive of Public Counsel. The president has named Jeremy B. Rosen of Horvitz & Levy to replace Morrow.

Judge Audrey B. Collins resigned Aug. 1, 2014 to join the state Court of Appeal. Los Angeles Superior Court Judge Stanley Blumenfeld has been nominated to succeed her.


There are no vacancies.

Second District

There are no vacancies.

Serving as pro tems are Los Angeles Superior Court Judges Colin P. Leis, Gregory J. Weingart, Serena R. Murillo, Ann I. Jones, Natalie P. Stone, and Rashida A. Adams, along with retired Los Angeles Superior Court Judge Allan J. Goodman and retired Orange Superior Court Judge Kim Garlin Dunning.


Los Angeles County
  

Judge Marvin M. Lager Jr. on April 5 retired, without fanfare, four days after his 65th birthday. Lager had been a judge since 1994, when he was appointed to the Los Angeles Municipal Court by Gov. Pete Wilson. Wilson elevated him to the Superior Court three years later. Lager received his law degree from Columbia University in 1978 and was admitted to the State Bar in 1979.


 

 

 


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