Nov.
30,
2004

A report on where
things
stand



Ross Defends Television Appearances in Hearing Before Special Masters...Balloting Underway to Fill Commissioner Slot...Judicial Runoff Winners to Take Office Jan. 3

Judicial Elections

There were five Los Angeles Superior Court runoffs on the Nov. 2 ballot. The winners take office Jan. 3.

Office No. 18-Superior Court Referee Mildred Escobedo defeated Deputy District Attorney Pat Campbell for the seat being vacated by Judge Marcus Tucker.

Office No. 29-Deputy Attorney General Gus Gomez beat Deputy District Attorney Lori Jones in the runoff for the seat being vacated by Judge Richard Hubbell.

Office No. 52-Deputy District Attorney Laura Priver defeated Workers' Compensation Judge John Gutierrez in the runoff to succeed Judge Nancy Brown, who retired Jan. 31.

Office No. 53-Superior Court Referee D. Zeke Zeidler beat Deputy District Attorney David Lopez in the runoff for the seat being vacated by Judge Rosemary Shumsky, who retires Dec. 6.

Office No. 69-Superior Court Commissioner Donna Groman beat Deputy District Attorney Judith L. Meyer in the runoff to succeed Judge James Wright, who retired Oct. 31.


Judges, Lawyers Under Scrutiny

John D. Harris
Retired Los Angeles Superior Court Judge

Counsel for the Commission on Judicial Performance filed a brief in September urging the commission to reject the findings of a panel of special masters, which rejected nearly all of the charges of misconduct brought against Harris. The 30-year judicial officer retired last month.

The CJP accused Harris of seeking to establish personal relationships with sexual assault victims, making inappropriately personal comments to jurors, attorneys, and court staff, throwing a file at a deputy city attorney, and lying during an investigation into his conduct.

The masters rejected charges that after two felony sexual assault trials in 2000, Harris met in chambers with the victims and sought to initiate personal relationships.

Harris acknowledged that he spoke to the victims in chambers and that the meetings were improper because the cases were not yet final. But he testified that he sought only to comfort the victims because he was moved by their plight, and did not intend to have any extensive or improper continuing relationships with them.

The masters found that testimony credible, citing many witnesses who said that Harris was an empathetic person by nature and noting that despite his years of judicial experience, he was new to handling felony sex crimes.

The masters also found that the commission had failed to prove that comments made by Harris to or about female attorneys, court staff members, or jurors on various occasions were inappropriately flirtatious or sexual.

Kevin A. Ross
Los Angeles Superior Court Judge

A hearing was held Nov. 15 through 18 in Pasadena regarding Ross, who was charged May 7 with three counts of judicial misconduct.

Ventura Superior Court Judge Vincent J. O'Neill, Fourth District Court of Appeal Justice Judith Haller, and San Bernardino Superior Court Judge Michael A. Smith were the special masters for the hearing, which was postponed from September after the commission brought additional charges.

The CJP asserted in its original formal notice of proceedings that Ross made comments about pending cases on a public television program on four occasions, was twice absent from court without authorization, and in four instances treated criminal defendants inappropriately. It later added allegations that the jurist improperly sought to promote a courtroom simulation television program in which he would star.

The CJP originally cited appearances by Ross, a former prosecutor, on the KCET public television program "Life and Times Tonight" during 2001 and 2002. Ross, a frequent guest on the public affairs discussion program, gained a seat on the Inglewood Municipal Court in 1998 by defeating Judge Lawrence Mason and became a Superior Court judge upon unification in 2000.

Among the canons of the Code of Judicial Ethics violated by the four appearances, the CJP asserted, is Canon 3B(9), which says that a judge shall not shall not "make any public comment about a pending or impending proceeding in any court."

Both of the unauthorized absence allegations also relate to public appearances made by the judge.

In March of 2000, the CJP alleged, Ross arrived about an hour late because he was giving a radio interview about Proposition 21, a juvenile crime initiative statute. In his testimony, Ross acknowledged giving the interview, which he said was a legitimate public outreach activity, and taking the bench about 9:30 a.m. But he denied that court business was interrupted.

In April of 2002 he asked for and was granted two days off to attend a California Association of Black Lawyers conference in Palm Springs. The CJP alleged that he made a misrepresentation to the court because there were no conference events scheduled during the first day and Ross spent the time taping a television segment and attending an inner-city economic summit.

Ross acknowledged in his testimony that there were no conference events that first day, but said his attendance at the economic summit was related to his judicial duties.

Ross testified that his television appearances were consistent with the California courts' efforts to educate the public on the judicial process and noted that other judicial officers had appeared with him or on similar programs. He also contended that the restrictions on judicial comment on pending cases are unconstitutional.

In the amended notice filed Sept. 1, the CJP said the judge contracted in 2002 with a production company for a show to be called "Mobile Court." Ross was to resolve small claims cases, with the parties stipulating to be bound by his rulings.

The show's premise was that the hearing would take place at the scene of the dispute.

The videotape, which was played for the masters during the hearing, was shown to representatives of television stations, but found no buyers.

On the videotape, Ross presided over the cases as "Judge Kevin Ross," and the marketing efforts listed him as "judge/host." Among the ethical canons violated by Ross' conduct, the CJP asserted, was Canon 2B(2), which provides that a judge "shall not lend the prestige of judicial office to advance the pecuniary or personal interests of the judge or others."

Ross' attorney and agent testified that his name and title were not supposed to be used in connection with the presentation. Ross said he unintentionally violated the ethics code by signing arbitration awards to the winning "litigants," since judges cannot engage in private alternative dispute resolution, but denied that he abused his office by participating in the effort to sell the program.


Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

Judge A. Wallace Tashima took senior status June 30, creating a third vacancy on the 28-judge court.

Previous vacancies were created when Judge James Browning took senior status Sept. 1, 2000, and when Judge Thomas G. Nelson did so Nov. 14 of last year.

The nominations of William G. Myers III to succeed Nelson, and that of Los Angeles Superior Court Judge Carolyn Kuhl to replace Browning, have been stymied by Democratic filibusters.

Republican senators tried and failed in July to force a floor vote on the nomination of Myers. The vote on the motion to invoke cloture was 53-44, short of the three-fifths required, with both California senators voting against.

Myers, who was nominated on May 15 of last year, is a former solicitor of the Department of the Interior and now practices law in Boise, Idaho. He has drawn opposition from native American activists and environmental groups.

His supporters say he holds mainstream, balanced views on environmental and other issues.

Republican senators tried last November to move the Kuhl nomination, but a cloture vote failed by 53-43, seven shy of the necessary 60-vote majority. Both California senators were opposed.

Kuhl was tapped by Bush in 2001 to succeed Browning. Kuhl and Myers were among seven appeals court nominees not covered by a bipartisan agreement permitting votes on other judicial nominees of President Bush.

An additional vacancy will be created when Judge Stephen S. Trott takes senior status on Dec. 31.

U.S. Attorney Debra Yang of the Central District of California is reportedly under consideration for appointment to the court.

 

There are no vacancies on the court, but three judges are slated to take senior status in the next several months-Gary L. Taylor on Dec. 8, Robert J. Timlin Feb. 1, and Dickran M. Tevrizian Aug. 5.




There are no vacancies. One would be created if the Senate confirms Justice Janice Rogers Brown to the U.S. Court of Appeals for the District of Columbia Circuit, to which she was nominated July 25 of last year.

Brown cleared the Judiciary Committee on a party-line vote of 10-9, but an attempt to invoke cloture and force an up-or-down vote on her nomination failed on Nov. 14 of last year. The vote was 53-43 in favor of cloture, seven short of the required three-fifths majority of the entire Senate.


Second District

Norman L. Epstein, a member of Div. Four since 1990, was confirmed and sworn in Oct. 5 as presiding justice, leaving an associate justice vacancy in that division.

The names of Los Angeles Superior Court Judges Elihu Berle, Stephen D. Petersen, Michael M. Johnson, Sandy Kriegler, Marvin Lager, Frances Rothshchild, and Thomas Willhite Jr. have been sent to the Commission on Judicial Nominees Evaluation by Gov. Arnold Schwarzenegger as possible appointees.

Justice Reuben Ortega of Div. One will retire Friday, and Justice Margaret Grignon of Div. Five will retire at the end of the year.

Third District

Justice Daniel Kolkey resigned Nov. 17 of last year to return to private practice.

Sixth District

Justice William Wunderlich resigned April 30 to become a U.S. magistrate judge based in Yosemite National Park.

Seats in other districts are filled.

Los Angeles Superior Court


There are 10 vacancies.

Judges James L. Wright and John Harris retired last month. Previous vacancies occurred with the retirements of Judge Susan E. Isacoff July 1, Judges John Ouderkirk and Lawrence Crispo April 5, Judge Chesley N. McKay April 1, Judge Margaret Hay March 31, Judge Alan Haber Feb. 9, and Judge Nancy Brown Jan. 31.

Another vacancy occurred when Judge Dale Fischer joined the U.S. District Court for the Central District of California on Nov. 17 of last year.

As a result of the November elections, Wright will be succeeded by Superior Court Commissioner Donna Groman and Brown by Deputy District Attorney Laura Priver Jan. 3. Successors to the others are to be appointed by Gov. Arnold Schwarzenegger, likely next year.

Judge Veronica McBeth has applied for disability retirement. Judge Rosemary Shumsky, who did not run for re-election, is retiring Monday and will be succeeded by Referee D. Zeke Zeidler.

Judge Thomas Stoever has slated his retirement for Feb. 14.

Voting is underway to choose a commissioner to succeed Groman. Ballots are due Dec. 17, with the winner to take office Jan. 3 if no runoff is necessary.


Legislation of Interest to the Legal Community

The Legislature is in recess and is due to reassemble next Monday.



 

 

 


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