Contra Costa Lawyer - Contra Costa County Bar Association

Contra Costa Lawyer
Volume 22, Number 10 • October 2009
The official publication of the
B A R A S S O C I A T I O N
The Arnason Justice Center
Bench/Bar Issue

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Contra Costa Lawyer
Volume 22, Number 10 • October 2009
B A R A S S O C I A T I O N
features
c o n t e n t s
5 2010 Judicial Assignments
and Holidays
6 Updates from the Presiding Judge
and Assistant Presiding Judge
Hon. Mary Ann O'Malley
hon. Diana Becton Smith
8 2009 Year in Review
Hon. John W. Kennedy
hon. Barry P. Goode
hon. Lois Haight
hon. Laurel S. Brady
hon. William M. Kolin
14 Statewide Court Closures
Hon. Mary Ann O'Malley
18 State Budget impact on the court
Kiri Torre
22 Probable cause declaration system
Hon. Mary Ann O'Malley
23 Congratulations Justice Bruiniers!
Matt Guichard
24 temporary judges
partners in justice
Mimi Lyster
25 using technology to increase
access to justice
Magda Lopez
26 Volunteer Interpreters at
the family law courthouse
Kiri Torre
departments
4 Inside
Kiri Torre
16 2009 MCLE Spectacular!
21 Question Man
In light of the $7.6 million deficit CUT
from the state, what suggestions
do you have for the court?
28 ethics Corner
carol M. Langford
30 classifieds
A rendering of The Arnason
Justice Center. This model
courthouse will be ready for
occupancy in late 2010.

inside
2009 BOARD of DIRECTORS
Larry Cook President
Ron Mullin President-Elect
Kathy Schofield Secretary
Audrey Gee Treasurer
Robin Pearson Ex Officio
Christopher Bowen
Oliver Bray
Mike Brewer
Jay Chafetz
Virginia George
Peter Hass
Leigh Johnson
Kristen Thall Peters
Ron Rives
Dana Santos
Stephen Steinberg
Candice Stoddard
CCCBA EXECUTIVE DIRECTOR
Lisa Reep: 925.288-2555 • lgreep@cccba.org
CCCBA main office: 925.686-6900 • www.cccba.org
Jennifer Comages
Membership Coordinator
Emily Day
Systems Administrator and
Fee Arbitration Coordinator
Manny Gutierrez
Administrative Assistant
and Legal Interviewer
EDITOR
Candice Stoddard
925.942-5100
ASSOCIATE EDITOR
Nancy J. Young
925.229-2929
BENCH LIAISON
Hon. Mary Ann O'Malley
925.646-4001
BOARD LIAISON
Candice Stoddard
925.942-5100
COURT LIAISON
Kiri Torre
925.957-5607
ADVERTISING/DESIGN
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PRINTING
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925.552-9998
Contra Costa Lawyer
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510.847-8523
Maria Navarrete
LRIS Coordinator
Barbara Tillson
Moderate Means Program
Coordinator
Michele Vasta
Section Liaison / Education
& Programs Coordinator
EDITORIAL BOARD
Kate Bekins
925.284-0480
Mark Ericsson
925.930-6000
Matthew P. Guichard
Local Civil Jury Verdicts
925.459-8440
Patricia Kelly
925.258-9300
Nicole Mills
925.351-3171
Craig Nevin
925.930-6016
David Pearson
925.287-0051
Erika Portillo
925.459-8440
Andy Ross
925.296-6000
Kathy Schofield
925.253-7890
Audrey Smith, JFK Liaison
925.969-3561
Harvey Sohnen
925.258-9300
Marlene Weinstein
925.942-5100
The Contra Costa Lawyer (ISSN 1063-4444) is published
monthly by the Contra Costa County Bar Association (CCCBA),
704 Main Street, Martinez, CA 94553. Annual subscription of $25
is included in the membership dues. Second-class postage paid
at Martinez, CA. POSTMASTER: send address change to the
Contra Costa Lawyer, 704 Main Street, Martinez, CA 94553.
The Lawyer welcomes and encourages articles and letters
from readers. Please send them to: Nancy J. Young, Associate
Editor, Contra Costa Lawyer, 821 Escobar Street #124, Martinez,
CA 94553; or email to: youngdesign@att.net.
The CCCBA reserves the right to edit articles and letters
sent in for publication. All editorial material, including editorial
comment, appearing herein represents the views of the respective
authors and does not necessarily carry the endorsement of
the CCCBA or the Board of Directors. Likewise, the publication
of any advertisement is not to be construed as an endorsement
of the product or service offered unless it is specifically stated
in the ad that there is such approval or endorsement.
by Kiri Torre
Court Executive Officer
2009 . . . a year with many economic challenges for the California Judicial Branch as a
whole, and our court in particular. Despite these challenges, we continue to be optimistic
in our efforts to provide exemplary services to the public while reducing expenditures.
This Bench/Bar edition contains articles reflecting on 2009 from our Judicial Leadership —
Presiding Judge Mary Ann O’Malley, Assistant Presiding Judge Diana Becton Smith,
Supervising Judges Barry Goode (Family Law), John Kennedy (Criminal), Lois Haight
(Juvenile), Laurel Brady (Richmond), and William Kolin (Walnut Creek-Concord).
Other articles of interest include the new legislation mandating the closure of all courts
in California on the third Wednesday of each month, from September 2009 to June 2010,
and the impact of the state budget cuts on our court.
On a brighter note, we have also included updates on the court’s strategic planning
efforts, led by Assistant Presiding Judge Diana Becton Smith, as well as articles featuring
advancements in technology, expanded services in the self-help arena and recognition
of the invaluable dedication of our local attorneys serving as temporary judges to assist
the court in addressing the cases filed with the court.
This year, we bid a fond farewell to one of the court’s most respected jurists, Justice
Terence L. Bruiniers, who was elevated to the First District Court of Appeal on June
30. We also watched with anticipation as the state’s first state-funded courthouse — the
Arnason Justice Center — began construction in Pittsburg. This model courthouse
will be ready for occupancy in late 2010, and will house seven departments, the Clerk’s
Office, Self-Help Center, Children’s Waiting Room, Public Law Library and other
services for the community.
We appreciate the ongoing partnership with the Contra Costa County Bar Association
and are very proud to contribute to the court issue of the Contra Costa Lawyer. u
Welcome to Our Newest Judge!
The Court welcomes its newest Judge, Edward G. Weil,
to the Contra Costa Superior Court. He brings a
wealth of experience, having most recently served as a
supervising deputy attorney general since 2003.
Judge Weil was sworn in on September 28, 2009 and
is presiding over cases in the Pittsburg Court.
4 October 2009

2010 JUDICIAL ASSIGNMENTS
Mary Ann O’Malley
Presiding Judge
Diana Becton-Smith
Assistant Presiding Judge
Martinez
Walnut Creek
Criminal Trials
Judge John W. Kennedy - Supervising
Judge Laurel S. Brady
Judge Theresa J. Canepa
Judge Jill Fannin
Judge David B. Flinn
Judge Joni T. Hiramoto
Judge John T. Laettner
Judge Leslie G. Landau
Criminal Calendars
Judge Brian Haynes - Felony
Judge Clare Maier - Bray
Judge Richard E. Arnason - Probation
Vacant - Annex
Civil
Judge Barry P. Goode - Supervising/
Complex Litigation
Judge Barry Baskin
Judge Judith Craddick
Judge Cheryl Mills
Judge Barbara Zuniga
Commissioner Judith A. Sanders
Probate
Judge Joyce Cram - Supervising
Commissioner Don Green
Family Law
Judge Joyce Cram - Supervising
Judge Ben Burch - Family/Probate Trials
Judge Susanne Fenstermacher
Judge Penny M. Scanlon
Judge Steve Treat
Commissioner Josanna Berkow
Commissioner Jeffrey D. Huffaker
Juvenile
Judge Lois Haight - Supervising
Judge Lewis A. Davis
Judge Nancy Davis Stark
Judge Diana Becton-Smith
Commissioner Stephen F. Houghton
Judge William M. Kolin - Supervising
Judge Bruce C. Mills
Judge George V. Spanos
Commissioner Ronald K. Creighton
Commissioner Joel Golub
Pittsburg
Judge Steven K. Austin - Supervising
Judge Harlan Grossman
Judge John H. Sugiyama
Judge Trevor S. White
Commissioner Lowell E. Richards
Richmond
Judge Thomas M. Maddock - Supervising
Judge Peter A. Berger
Judge Barbara Hinton
Judge Ed Weil
Commissioner Robert L. Broughton
Judicial Holidays
Friday, January 1, 2010
Monday, January 18, 2010
Wednesday, January 20, 2010
Friday, February 12, 2010
Monday, February 15, 2010
Wednesday, February 17, 2010
Wednesday, March 17, 2010
Wednesday, March 31, 2010
Wednesday, April 21, 2010
Wednesday, May 19, 2010
New Year’s Day
Martin Luther King, Jr.’s Birthday
Court Closure Day
Lincoln’s Birthday
President’s Day
Court Closure Day
Court Closure Day
César Chávez Day
Court Closure Day
Court Closure Day
Monday, May 31, 2010
Wednesday, June 16, 2010
Monday, July 5, 2010
Monday, September 6, 2010
Monday, October 11, 2010
Wednesday, November 11, 2010
Thursday, November 25 and
Friday, November 26, 2010
Friday, December 24, 2010
Friday, December 31, 2010
Memorial Day
Court Closure Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Holiday
Christmas Eve
New Year’s Eve
Contra Costa Lawyer 5

Update from the Presiding Judge . . .
Hon. Mary Ann O'Malley
Are we having fun yet?
Summer is over. My boys are back in school,
homework is on the rise and my husband
is insanely busy. That’s just some of the fun
I’m having at home. So far as P.J. goes, I’ve
dealt with a budget, or lack thereof, court
closures, and two vacancies that desperately
need to be filled. Despite the above, however,
I honestly have to say that I love coming
to the courthouse and working with the
most dedicated, hard-working court
employees you will ever meet. No matter
how hard times are — and believe me, these
are hard times! — our court employees
continue to work with fewer and fewer
resources and somehow get the job done in
the most professional and courteous manner.
I am honored to be their P.J. and will do
everything in my power to get us through
these unbelievably challenging times.
This year, the statewide trial court
budget reductions totaled $393 million.
What this has meant for Contra Costa
County is a 12% reduction to our own
budget, totaling over $7.6 million. In her
State Budget article, our very capable CEO,
Kiri Torre, has addressed some of the ways
we plan to cope with these very substantial
cuts, most of which are ongoing. Our
solutions will be those that deal with
permanent, ongoing cuts as opposed to a
temporary fix that won’t help us next year
or the year after, when things are expected
to get worse.
Another offshoot of our current fiscal
crisis is the legislation that all the courts
across the state close the third Wednesday
of every month, which started September
16. This is an unprecedented move by our
Legislature and the Judicial Council. Never
before, due to a financial disaster, as opposed
to a natural disaster, have our courts had
to close the doors. This is a shock for all
of us and something I hope will end by
June 30, 2010. I sincerely apologize for
any inconvenience this may cause you.
Due to budget constraints, we have
had to consolidate calendars, rearrange
schedules and adapt to doing more with
less in 2010. As a result, our Limited Civil
Department will be consolidated with the
Unlimited Civil Departments starting in
January. The Unlimited Civil Department
will become a Family/Probate Department.
Also starting in January, we will have
eight felony trial departments instead
of seven, and the Juvenile Division will
go down from six judicial officers to
five. We have two vacancies in light of
Commissioner Libbey’s retirement (which
has been open since April 1, 2008) and
Judge Bruiniers’ recent elevation to the
First District Court of Appeal.
One bit of bright news is the progress
being made on our new Richard E. Arnason
Justice Center. I am happy to report
that the construction is underway. Look
for the large building going up near the
Railroad exit on Highway 4. We hope to
move in by October 4, 2010.
Finally, I’d like to say a few words about
Judge, now Justice, Terry Bruiniers, our
colleague who has left us for the First
District Court of Appeal. While Justice
Bruiniers was a member of our bench, he
served in a branch court and the Family,
Criminal, Civil, and Complex Litigation
Divisions. He also took the reigns as our
Presiding Judge. He worked tirelessly in
whatever assignment he was given and
performed his duties as a Superior Court
judge with utmost professionalism. Justice
Bruiniers was a great asset to this bench
and we will miss him greatly. And I have
no doubt that he is having fun. u
Fast Track Bench/Bar Meeting
Tuesday, October 6, 2009 • Noon – 1:15pm
(lunch and 1 hour MCLE credit will be provided)
Dept. 9 – Judge Craddick’s Courtroom • Wakefield Taylor Courthouse (725 Court Street, Martinez)
For further information, please call Michele Vasta at 925.370-2548
6 October 2009

. . . and the Assistant Presiding Judge
Hon. Diana Becton Smith
Allocating Resources and Efforts Strategically
An overview of Contra Costa’s strategic
planning process and activities
Strategic planning is a top priority for
Contra Costa County Superior Court. It
helps court leadership prioritize court
programs and services, and determines
how they will allocate precious staff and
judicial resources. This planning process
is undertaken in consultation with the
local Bar Association, other justice system
partners and the general public.
The Bench and Executive Committee
approved its most recent six-year strategic
plan in March of 2007, and is midway
through implementing the three-year
operational plan that followed in 2008.
Although each court’s plan generally
reinforces the six goals articulated by the
state’s Judicial Council, individual courts
have latitude to define their own areas of
emphasis. Contra Costa’s strategic plan
stresses the following five themes:
1. Increasing access to justice and procedural
fairness for all court customers.
2. Hiring, developing, supporting, and retaining
a diverse, creative, professional, and productive
workforce and bench.
3. Developing and using comprehensive performance
measures to allocate court resources
efficiently and effectively, and refining court
policies and procedures to improve operations
and enhance customer service.
4. Integrating the skills, experience, and
expertise of judicial officers and court personnel
to develop and implement innovative solutions
to organizational challenges.
5. Leveraging technology to:
• Increase access to justice;
• Improve customer service;
• Streamline court operations;
• Expand the availability of professional
training and education; and
• Track and report on court operations,
case management, and implementation of the
strategic plan.
Given the need to downsize court
operations to meet a 12% reduction of
$8.3 million in cuts imposed for fiscal year
2009-10, strategic planning is growing
in importance. Contra Costa has had
hiring freezes in place for nearly two years,
and has accommodated the steady loss of
staff through reorganization and a steady
focus on operational efficiency. Recent
meetings of the Bench’s Strategic Plan
Oversight Committee (which I chair)
yielded a new list of cost-saving recommendations
that the court will consider
over the next several months. Each of the
three areas listed below speak to a different
aspect of court operations.
Cost-Saving Recommendations
Project 1
Enhance case management for high-volume and pro-per heavy calendars
(beginning with traffic and small claims cases.)
• Assess case and trial management practices to standardize, as appropriate, how similar case
types are processed.
• Institute best practices in all court locations, with a focus on high-volume calendars and selfrepresented
litigants.
Project 2
Maximize financial resources
• Seek additional resources to help ensure court programs and practices are adequately funded.
• Develop budget strategies to adjust court programs and services as funding levels change.
Project 3
Enhance revenue collection
• Expand methods for handling routine customer transactions, including acceptance of credit and
debit cards wherever practicable.
Our planning and implementation process is most effective when we receive comments and feedback
from you! If you have ideas or suggestions to offer, drop us a line at ctwebsp@contracosta.courts.ca.gov.
Contra Costa Lawyer 7

2009 Year in Review
CRIMINAL COURT
by Hon. John W. Kennedy
Supervising Judge
The nice thing about criminal
law is that it is recession-proof.
Some might even say that business
picks up in a recession. In
any event, it is clear that we have as many
cases as ever, while budget cuts continue
to reduce our available resources.
This year, our beloved Judge Richard
Arnason, the dean of our bench, took over
a newly created calendar of felony motions
and probation matters. This enabled us to
keep all felony calendars in one department
— Judge Leslie Landau’s Department 24
— and to maintain Judge Joni Hiramoto’s
multiple specialty courts in Department
32. (More about them later). We are fortunate
to continue reaping the benefits of
Judge Arnason’s nearly 50 years of bench
experience, his deep wisdom, and his
always-entertaining stories.
In early 2008, Judge Terence Bruiniers
was tapped for a “temporary” assignment
to the First District Court of Appeal. As you
all know, Judge Bruiniers was sub sequently
appointed to be a Justice of the First District
and he began his official tenure upon his
confirmation of July 30, 2009. With the
elevation of Judge Bruiniers, we have lost
one of our most versatile and respected
judges in Contra Costa County. Judge
Bruiniers has been the Presiding Judge,
the Supervising Judge of the Criminal
Division, the Complex Litigation Judge in
our Civil Division, and a family court
veteran in our court. He has also been our
technology guru — one of the few who
actually understands what the IT people
are saying when they tell us what we need
in the way of computers, software, telecommunications,
etc. We will miss Judge
Bruiniers and wish him the best of luck.
With the loss of one trial department,
we are operating with seven of our eight
felony trial departments. The number of
felony cases filed has dropped, but we are
presently at a pace of trying slightly more
cases than last year. This is due to the
hard work of our felony trial departments
— Judges Theresa Canepa, Jill Fannin,
John Sugiyama, Ben Burch, Steve Treat,
and now John Laettner, who replaced
Judge Bruiniers. We have also had the
gracious assistance of several of our civil
judges, who have taken on a substantial
number of criminal trials despite their
regular load of civil cases.
As mentioned, Judge Leslie Landau
holds down a felony calendar department
that once kept two judges busy. Judge
Landau is known for her efficiency, organizational
skills, and blazing speed in
getting through a heavy calendar.
Judge Joni Hiramoto presently juggles
our most eclectic set of specialty calendars.
She presides over our Prop. 36 calendar
for drug cases, our Felony Alternative
Drug Sentencing (“FADS”) Court, our
Behavioral Health Court, and our Misdemeanor
Domestic Violence calendar.
The funding for probation officers, case
managers, treatment programs, testing,
and administration for both the Prop. 36
and FADS programs was among the
casualties of budget cuts this year. Judge
Hiramoto has valiantly kept the programs
alive by using alternative resources and
requiring that the probationers pay the
full costs of their treatment. The Probation
Office, which itself has suffered drastic
cuts, has found separate funding sources
to dedicate at least one officer to Drug
Court. For the year ending June 2008,
59% of Prop. 36 probationers in our
county completed treatment successfully.
Our Mount Diablo calendar is now
being handled by visiting judges assigned
to fill Judge Bruiniers’ slot, most of whom
are Contra Costa County alums. Judge
Joyce Cram also handles a calendar of
criminal elder abuse cases as part of her
multi-disciplinary Elder Court.
Our Pittsburg Court is supervised by
Judge Steven Austin, with Judge Nancy
Davis Stark, Judge Brian Haynes and
Commissioner Lowell Richards holding
down the fort under the crush of an everincreasing
caseload, while we wait for
completion of the new Richard T. Arnason
Courthouse (pictured below) with its addi-
8 October 2009

tional desperately needed courtrooms.
They are grateful to have the help of our
experienced and good-natured adopted
visiting judge, Greg Caskey.
The Richmond Superior Courthouse,
recently renamed in honor of Judge
George D. Carroll, is supervised by Judge
Laurel Brady and is home to Judges Peter
Berger, Clare Maier and Trevor White,
and Commissioner Robert Broughton. As
a result of the economic recession, the
Richmond Court has been swamped with
a wave of unlawful detainer cases. The
Richmond judges and commissioner are
working hard to stay on top of their
criminal caseload while addressing the
steep increase in unlawful detainer cases,
which carry their own strict timing
requirements, and their share of juvenile
and limited civil cases.
In Walnut Creek, Judge William Kolin
remains our Supervising Judge, with
Judge Harlan Grossman, our newest
judge, Barbara Hinton, and Commissioner
Joel Golub handling a steady caseload of
civil and criminal matters. As Judge Kolin
notes in his article on the Walnut Creek
Court, they are on a pace to match the
100 jury trials they held last year.
The District Attorney’s Office filed
3,870 felony cases in fiscal year 2008-09,
down from 4,528 the prior fiscal year. The
misdemeanor filings, however, have
increased from 10,439 last fiscal year to
11,300 in the fiscal year ended June 30,
2009. As noted, our felony trials have
increased marginally this year over 2008,
while our misdemeanor trials overall are
down slightly from last year.
The Contra Costa County Superior
Court is blessed by an atmosphere of
collegiality and teamwork. Our civil
judges have taken on quite a few criminal
trials when the Criminal Departments are
filled and time-sensitive cases must get
out to trial. This team effort has enabled
us to handle the steady load of felony and
misdemeanor cases despite dwindling
resources. Our courts will be further
impacted by legislatively-mandated court
closures one day per month, but we will
no doubt get through yet another crunch
by working harder and more efficiently. u
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Contra Costa Lawyer 9

Why you should make referrals
to CCCBA’s LRIS
• Our LRIS is the only State Bar certified (certification #0018) and
American Bar Association approved lawyer referral service in our county;
• LRIS has been providing quality referrals as a public service since 1978;
• LRIS panel attorneys are required to meet specific experience requirements
as a prerequisite to joining the service;
• Every LRIS attorney is required to carry malpractice insurance;
• LRIS has an experienced, friendly and knowledgeable staff to assist you.
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If you have any questions or would like more information,
please contact the LRIS staff at 925.686-6900.
If you’re interested in joining the LRIS, please contact Maria Navarrete,
LRIS Coordinator, at 925.370-2542.
Elder Law is
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Planning
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three years after diagnosis, while others live as long
as 20. Most people with Alzheimer’s don’t die from
the disease itself, but from pneumonia, a urinary
tract infection or complications from a fall.
Until there’s a cure, people with the disease will
need caregiving and legal advice. According to the
Alzheimer’s Association, approximately one in ten
families has a relative with this disease. Of the
four million people living in the U.S. with
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Family Law
Hon. Barry P. Goode
Supervising Judge
The new theme for the
Family Law Division is
“doing more with less.”
To some extent, we can work
that magic. To some extent we cannot.
When the state budget was being
discussed in Sacramento, we all read about
the impacts it might have in various areas.
Now that it has been adopted, we can see
how it has affected families with cases in
Contra Costa County. We see it every day.
The problem has at least two dimensions.
First, the recession has created more
work for the Family Law Division. Second,
the budget cuts mean that we are unable
to hire people to meet that growing
workload. Worse, when existing staff
leaves, we cannot always replace them.
The recession has clearly made more
work. As people lose jobs, the number of
motions to modify child and spousal support
grows. So too does the number of motions
concerning a house about to be foreclosed,
health or car insurance bills going unpaid,
or court-ordered payments that are not
being made. This has increased the demand
for time on our short cause calendars.
A related phenomenon is that the
number of people who come to court
without an attorney has increased. We have
found ourselves with more crowded
“double pro per” calendars. For example,
the number of people who came to our
help desk increased by almost 6% from
2008 to 2009. (The 2009 numbers are
projections from year-to-date statistics.)
While that may not sound like a large
increase, it represents another 1100 unrepresented
people helped during the course
of the year. Similarly, the number of
“double pro per” hearings covered by our
family law facilitators increased by 13%
from last year to this. That is an additional
350 families helped — a significant increase
to an already burdened calendar.
One number has decreased: fewer
people have been to mediation this year.
But that is not because of a reduced need.
Rather it reflects the loss of staff mentioned
10 October 2009

above. Unfortunately, this is a harbinger
of things to come. The budget cuts make
it difficult to hire staff. So when one of our
mediators retired earlier this year, we were
simply unable to replace her. When another
went out on leave, we could not backfill
the position temporarily. With fewer
mediators, we have fewer time slots per
week in which to see families in need. Our
managers have pitched in valiantly to make
up some of those lost mediation slots. But
that cannot change the simple reality: the
budget cuts have reduced our mediation
slots. We do not have enough.
What does that mean for a family in
crisis? Since mediation is a prerequisite to
a judicial determination on custody and
visitation, parents who are arguing over
their children may have to wait two
months or more before they can have their
case decided. That is a long time to remain
uncertain about something that important.
The problem will be the same in other
areas of Family Law. The lines in the
Spinetta Family Law Center are growing.
It is not uncommon to see people waiting
30 minutes to an hour to get to the head
of the line to file a pleading. Similarly, it
will take longer to have an uncontested
judgment processed and returned.
No one likes this — least of all the
dedicated staff, managers and bench
officers who work so hard to serve the
public as effectively as possible. We are
committed to making every change we
can to minimize the adverse impacts. For
example, as the time to get a hearing date
increases, we see a concomitant increase
in the number of ex parte applications
seeking interim relief, an order shortening
time or both. We have recently started an
online inventory of ex parte applications,
so a litigant can use the web to discover
whether his or her application is processed
and ready for pick-up. That saves the time
and trouble of all those phone calls that
keep our staff from doing other work.
We are working on other ideas that we
hope will ease the burden, and welcome your
suggestions. We also need your cooperation
in letting the court know — promptly — when
a matter settles so a mediation or hearing
slot can be freed up for someone else. u
Julie Schumer
Certified Appellate Specialist
Certified by the State Bar of California Board of Legal Specialization
Motions, Appeals & Writs
30 years experience
925.254.3650
juliesch@ix.netcom.com • www.bayareaappellatelawyer.com
Contra Costa Lawyer 11

In the meantime, we will continue to
rely on the help of those members of the
bar who so generously offer their time to
serve as settlement mediators for unrepresented
parties, as minors’ counsel, as
workshop volunteers, and in so many
other capacities.
We are fortunate that both the bar and
the staff of the Family Law Division are
committed to helping us get through this
budget crisis (as) unscathed (as possible).
It is a privilege to work with you all.
Juvenile
by Hon. Lois Haight
Supervising Judge
We have seen changes in juvenile
since last year, mostly due to
budgetary issues. There have
been fewer filings in both delinquency
and dependency cases, with dependency
having a significant drop in the number of
petitions filed from pre vious years. Children
and Family Services, unfortunately, lost a
large number of social workers and also cut
some services pre viously offered to families
and children.
The new dependency project is working
well, staffed with excellent attorneys
from our county who work hard to protect
children and help reunite families when
possible and appropriate.
As a result of fewer filings, we may
lose one judicial bench officer for juvenile
court. However, we will maintain a full
time bench officer in West County, and
also one in the new juvenile court opening
in Pittsburg (East County). Further, there
will be one judge remaining in Juvenile
Hall Court and two in Martinez.
Probation also has had budgetary cuts
but has been able, thus far, to keep our
very valuable program of “Probation
Officers in High Schools.” Also, our Boys
Ranch, The OAYRF, is maintaining its
excellence with additional therapeutic and
vocational programs.
The budget crisis has further affected
our outstanding CASA Program with the
loss of funding for important issues, i.e.,
training new volunteers. This is particularly
tragic because these volunteers do
such important work with our needy
dependent children.
I recently had the privilege to perform
a wedding for one of our former dependent/foster
children, and one of her
bridesmaids was her former CASA. It was
wonderful listening to the wedding toasts
voicing how important the CASA was to
the young bride’s development.
I don’t know how many more budget
issues will develop in the future and impact
people, resources and programs in the
juvenile arena. However, I do know we are
fortunate to have a juvenile bench and staff,
juvenile attorneys, probation counselors,
probation officers, social workers, therapists
and doctors who care so much for the youth
and families in our county and continue to
work tirelessly on their behalf.
Richmond Court
by Hon. Laurel S. Brady
Supervising Judge
The Richmond Branch
currently is staffed with
four judges and one
commissioner. There is
an additional judge as well who is
pri marily assigned to the Juvenile Division,
but assists us with the unlawful
detainer calendar and some criminal
matters. Our current bench officers here
in Richmond are: Judge Laurel Brady,
supervising; Judge Peter Berger; Judge
Trevor White; Judge Clare Maier; Judge
Penny Scanlon (Juvenile); and Commissioner
Robert Broughton. The branch
handles criminal cases five days a week:
misdemeanor jury trials on Mondays and
Wednesdays; misdemeanor motions on
Tuesdays and Fridays; and felony preliminary
hearings every day of the week. The
unlawful detainer and domestic violence
restraining order calendars are on Monday
mornings.
The Richmond courthouse was recently
renamed in honor of Judge George D.
Carroll, who served here from 1965-1985.
Prior to taking the bench, Judge Carroll
served as Mayor of the City of Richmond.
The formal re-naming ceremony is scheduled
for Friday, October 16.
Walnut Creek Court
Hon. William M. Kolin
Supervising Judge
The Walnut Creek branch
court of the Contra Costa
Superior Court has three
assigned judges: Judges
Kolin, Grossman and Hinton. Commissioner
Joel Golub is also assigned to the
court for traffic, small claims and other
matters.
Our court is responsible for all misdemeanor
cases filed in both the Walnut
Creek-Danville Judicial District as well
as the Mt. Diablo Judicial District. We
do felony out-of-custody arraignments on
all misdemeanors and felonies arising from
cases originating within those two judicial
districts.
We are primarily a trial court and have
four jury trial settings each week. In 2008,
we handled 100 jury trials, and we are on
a pace to equal that number in 2009. We
do both in-custody and out-of-custody
misdemeanor jury trials, and handle outof-custody
preliminary examinations on
felony matters in our court. u
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Contra Costa Lawyer 13

Statewide Court Closures
by Hon. Mary Ann O’Malley
Presiding Judge
Formation of the Concept
Over the past several months, the Judicial
Branch has discussed the merits of the
proposed closure of the courts. The state’s
Judicial Council received public comment
from several representatives of employee
groups and sheriffs’ departments who
expressed their concerns about the possible
effects that court closures may have
on court staff and deputies working in the
courts, as well as on services to the public.
After exhausting all possible alternatives,
the Judicial Council presented
proposed legislation to close the superior
courts, Courts of Appeal, Supreme Court,
and the Administrative Office of the
Courts (AOC) for one day per month
beginning in September. This approach
was taken to allow the Judicial Branch to
make the necessary reductions and achieve
our shared longer-term goals of protecting
court employees and preserving equal
access to justice statewide.
The council’s decision to designate the
third Wednesday of each of the remaining
10 months of this fiscal year as the court
closure days for all courts may result in a
savings of more than $94 million, enabling
the branch to absorb a large portion of the
$190 million current-year budget reduction
in a uniform and orderly manner.
Legislative Approval
for Council Authority
In April, at the direction of the Judicial
Council, AOC staff began to work on
legislation (eventually SBX4 13) that
authorized the council to close the superior
courts, Courts of Appeal, Supreme
Court, and AOC one day per month.
These provisions declare the closure day
a holiday for the transaction of judicial
business, thereby extending filing deadlines
and the time for holding hearings
to the same extent as on any Saturday,
Sunday, or other holiday. These provisions
also authorize judges and justices to waive
a portion of their salaries to contribute to
the savings created by the closure. The
unique circumstances of our fiscal crisis are
reflected in the findings and declarations
set forth in Government Code §68106:
The Legislature finds and declares that the
current fiscal crisis, one of the most serious and
dire ever to affect the state, threatens the continued
operations of the judicial branch. The
situation requires a unique response to effectively
use judicial branch resources while protecting
the public by ensuring that courts remain open
and accessible and that the core functions of the
judicial branch are maintained to the greatest
extent possible.
Local Impact
We are acutely aware of the challenges
this closure presents to judges, court
administrators and staff, attorneys, and
the public. Our court has already begun
adjusting calendars to accommodate the
third Wednesday closure dates, which
began on September 16.
The court’s strategy to address the
permanent budget reductions is to permanently
reduce operating costs and
implement authorized fee increases. At
this time, the court is planning to have
staff work behind closed doors on the
court closure days to address the backlogs
in clerical processing due to the high
level of staff vacancies. Notices of the
court closure dates have been posted to
the court’s website, at all building
entrances and in notices sent to parties
when matters are rescheduled to noncourt
closure days.
Following are key questions and answers
related to court closures:
Was legislation needed for the Judicial Council
to authorize statewide court closure days?
Yes, legislation was needed for the Judicial
Council to authorize court closure days
not currently specified in CCP 135. The
court closure days for FY 2009-10 will
be on the third Wednesday of the month
as noted below:
In keeping with the long tradition of leadership in judicial activities and the creation of innovative
programs, our court has come up with yet another: Starting in January 2010, a group of experienced
civil law judges will conduct settlement conferences at the bar association offices.
Judge Barry Baskin, who is leading this effort, said he was grateful to the bar for making its facilities
available to the court. “Our bar also has a rich tradition of generosity, volunteering and assisting the
court in its mediation efforts. The court staff and judges have been asked to take pay cuts, and most
of our judges are still working on public holidays to avoid a backlog of cases. If there is sufficient
interest and support, we may expand the program to family law.”
September 16, 2009
October 21, 2009
November 18, 2009
December 16, 2009
January 20, 2010
February 17, 2010
March 17, 2010
April 21, 2010
May 19, 2010
June 16, 2010
14 October 2009

Would courts need to provide any services on
court closure days?
Yes, the courts need to continue to carry
out the same after-hours magistrate duties
currently provided on non-court days
— review of probable cause declarations,
emergency protective order applications,
search warrants, etc.
Does the court closure legislation extend statutory
deadlines for filing court documents or
holding court hearings?
Yes, the legislation treats court closure
days as holidays for purposes of performing
any act requiring the transaction of
judicial business, including holding court
hearings or computing the time to file
court documents. The Clerk’s Office cannot
file stamp any documents with the
court closure dates as these are considered
non-court days.
When will the court closure days end?
The legislation vests authority with the
Judicial Council to authorize up to one
court closure day per month through June
30, 2010. New legislation would need to
be enacted to extend the court closure
days beyond that date.
Ongoing Assessment
Because statewide closure is an unprecedented
measure for the courts, the AOC
is monitoring the extent of disruption to
court users, justice partners, and court
operations as well as actual monetary
savings. A report on the effects of the
closures will be made to the council at its
January meeting along with projections
for the next fiscal year. The council may
then consider whether to continue or
reduce the number of monthly closures
for the remainder of the fiscal year.
Branch leadership is now reviewing
options and proposals to take to the
executive and legislative branches this fall
to seek the necessary funding and permanent
solutions to protect the courts and
preserve access to justice for all Californians.
Our view is that one-day-per-month closures
are a temporary emergency measure and
should not be viewed as a permanent
solution to the fiscal crisis. u
The Law Offices of David M. Lederman
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Certified Family Law Specialist
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Tom Smith
Associate Attorney
Practicing exclusively in all aspects of Family Law
in Walnut Creek and Antioch
3432 Hillcrest Avenue • Suite 100 • Antioch, California 94531
309 Lennon Lane • Suite 102 • Walnut Creek, California 94598
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Contra Costa Lawyer 15

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Speakers:
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Substance Abuse in the Legal Workplace
co-sponsored by CCCBA & its Employment Section
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Douglas J. Farmer Esq., Ogletree Deakins, PC
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Protecting Your License: The State Bar’s Top 10 List of
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Running a Law Firm: Tips and Tricks for Solos and Small Firms
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Is Everyone a Narcissist ... or Just Borderline?
co-sponsored by CCCBA & its Family Law Section
Speaker:
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A Forum to Explore the Cross Currents and Impact of
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co-sponsored by CCCBA & its ADR Section
Speakers:
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Clark Freshman Professor of Law, Director of Training, Paul Ekman Group
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State Budget Impact on the Court
by Kiri Torre
Court Executive Officer
The judicial branch is facing a
substantial $414.6 million reduction for
FY 2009–10 ($393.3 million for trial
courts and a combined $21.3 million for
the Supreme Court, Courts of Appeal,
Administrative Office of the Courts [AOC],
and the Habeas Corpus Resource Center).
In addition, our court system faces unfunded
cost increases and ongoing unfunded costs
in programs and operational areas. To assist
in easing the burden on local trial courts,
the Judicial Council allocated $165.3
million in one-time special fund monies
and $46.7 million in projected new fee
revenues to offset the reductions, new
unfunded cost increases, and structural
deficits.
Revenues to Offset
Budget Reductions
• $133 million from state-level funds
previously designated for courthouse
construction and deployment of the California
Case Management System (CCMS)
(our new courthouse under construction
in Pittsburg will not be impacted). Our
participation in the CCMS will be delayed
from 2012 to possibly 2014.
• $15 million in new court fee revenues:
We saw Court Reporter and Post Judgment
fees increase in August.
Funding to Address Program
and Operational Costs
• Court Security — $47.2 million in
new fee and other redirected revenues
to address new costs and unfunded on -
going costs in this program: Our Sheriff’s
office directly benefits by having what
was going to be devastating cuts reduced
to a more manageable level. The muchneeded
perimeter security screening
and bailiffs in courtrooms will remain
in place.
• Miscellaneous Program and Operating
Costs — $18.2 million in one-time funds
for unfunded costs associated with Court
Employee Retirement, Court Interpreters,
Court-Appointed Dependency Counsel,
and Operational Costs for New Court
Facilities.
Unallocated Reductions
• The redirection of statewide special
funds and new fee revenues to partially
offset the $393.3 million in reductions
to trial court funding approved by the
Legislature left a remaining $190.1 million
permanent reduction allocated to the trial
courts in FY 2009–10 (increasing to
$225.13 million in FY 2010–11).
The $190.1 million reduction includes
a continuation of the $92.2 million reduction
that the Legislature approved for the
courts in FY 2008–09. Also, the Legislature
directed that $71 million of the
reduction in FY 2009–10 be taken by
courts directly from their one-time fund
balances. Taking these factors into
account, as well as projected one-time
cost reductions that can be achieved from
court closures in FY 2009–10, the net
impact of the reductions in the current
fiscal year on court operating budgets is
reduced. These one-time solutions are
only stopgap measures. The court must
make permanent reductions to its program
and operating costs during the current
fiscal year in order to remain solvent.
Court Security Shortfall
• In response to an estimated funding
shortfall for court security of more than
$57 million, the council was able to get
legislative approval for a $10 security fee
increase. The Judicial Council allocated
those new funds to offset a substantial
portion of the shortfall and other one-time
funds to make up for the late implementation
of the fees resulting from the delayed
state budget. As such, the remaining
shortfall of $10.26 million was allocated
to each trial court, based on each court’s
share of total statewide security funding.
The language of the court closure statute regarding
court security provides for a one-time 4.62
percent budget reduction — the equivalent of
12 court closure days.
Court-Appointed Dependency Counsel
• Approved the allocation of $9.28
million from statewide special funds in
FY 2009–10, on a one-time basis, to maintain
the FY 2008-09 level of funding
for the Court-Appointed Dependency
Counsel program.
Court Interpreter Program
• Authorized the allocation of one-time
savings from the statewide special funds
to address an anticipated shortfall in the
Court Interpreter Program for FY 2008–
09, estimated to be less than $1 million.
Other Miscellaneous Costs
• Approved the use of $19.6 million in
one-time funds to address $7.62 million
retirement cost increases, $645,000 in
new facility costs, and $11.3 million to
cover the current year shortfall of anticipated
new fee revenues
It is critical to note that while these
solutions provide a safety net for courts
this fiscal year, these are largely one time
in nature and will not be available in the
year ahead as the state expends nearly all
available resources to mitigate the impact
of the reductions on court services.
Local Impact of Budget Reductions
Following is a recap of the permanent
budget reductions facing our court in FY
2009–10, which is 12% of our $68 million
budget: u
18 October 2009

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Contra Costa Lawyer 19

FY 2009–10
Permanent Budget Reductions
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Edrington, Schirmer & Murphy
Frankel & Goldware, LLP
Galloway, Lucchese, Everson & Picchi
Gillin, Jacobson, Ellis & Larsen
Guichard, Teng & Portello APC
Littler Mendelson, PC
Morison Ansa Holden Assuncao & Prough, LLP
Morrison & Foerster, LLP
Shapiro, Buchman & Provine, LLP
Vasquez Benisek & Lindgren LLP
Whiting, Fallon, Ross & Abel, LLP
Youngman, Ericsson & Low, LLP
100% Loss of Conservatorship
Funding Shortfall $ 715,000
Loss of Growth Funding
for Court Operations
FY 2008-09 & 2009-10 $1,800,000
Additional State Funding
Reduction FY 2009-10 $4,344,000
Sheriff’s Court Security
Reduction FY 2009-10 $ 746,000
Total Permanent
Funding Reductions $7,605,000
Actions taken to date to reduce expenditures
include the following: Released all
temporary employees; Laid off Assistant
Executive Officer; Eliminated scheduled
salary increases for management and
unrepresented staff; Eliminated all vacant
positions; Consolidated various contracts;
Merged operations to eliminate leased
facility costs; Administratively restructured
to gain efficiencies and reduce costs;
and Increased fees as allowed by statute.
Outlook for FY 2010–11
and Future Years
As difficult as our budget situation is this
fiscal year, many of the one-time solutions
available to us now will not be available
to us for FY 2011–12. Through the combination
of savings allocations and
increased revenues, the judicial branch
has managed to reduce an unprecedented
$414 million budget reduction to a level
that preserves access to the state courts
and protects those most affected by program
reductions in other areas of state
government.
We must begin immediately to prepare
for the next year to avoid even more severe
impacts on court services. Branch leadership
is currently reviewing options and
proposals to take to the executive and
legislative branches this fall in an effort to
seek the necessary funding and permanent
solutions to protect the courts and preserve
access to justice for all Californians. u
20 October 2009

Question man
In light of the $7.6 million deficit
cut from the state, what suggestions
do you have for the court?
Have the option of 24-hour online
filing and improving the website to
the caliber of Alameda County. Make
all notices sendable via email to attorneys
of record including pro pers. For
attorneys, make filing and service via
internet mandatory.
Greg Harper
Law Offices of Gregory Harper
Encourage mediation in as many
ways as possible, including if
necessary, multiple mediations.
The results would be good for
the court and the best possible
solution for all of the parties,
saving them time, money and an uncertain
outcome.
Kenneth P. Strongman
Mediation Office of Kenneth Strongman
1. Instead of banning coffee, put
a Peet’s in the Family Law Center.
Selling addictive products should
be profitable. 2. Charge the proper
litigants for the cost of the
facilitator. 3. Move the furlough
days to Friday (even DMV had that much
sense) and increase the number. If one is
not being paid a long weekend, it is the
least one should get in exchange. 4. Increase
filing fees on the old joke that divorce costs
so much because it’s worth it. 5. Perhaps
there should be sliding scale fee waivers.
Pieter Williams
Law Offices of Pieter K. Williams
Charge $250 per side for every court settlement
conference, and settle the cases in the
conferences so they do not tax the system.
Andrew W. Shalaby
Shalaby Law Office
The court should consider imposing a
very small surcharge (something on the
order of one-half of one percent) on the
monetary verdicts at the end of civil
lawsuits. We often complain that our
courtrooms are bogged down by the sheer
volume of civil lawsuits, and this would
be a way for the court to recapture some
of the time and resources that
are spent managing the heavy
caseload. This might also
encourage more litigants to
seek alternative means of
dispute resolution.
Gary Sparks
The Law Offices of Gary D. Sparks
A note from the court: The court sincerely
appreciates your feedback. However, some of
these ideas require legislation or money, neither
of which is currently available to the court.
conference rooms for rent
Standard conference room
Large conference table seats 10-12 comfortably.
Small adjacent waiting area with exit: $150 – all day
(over five hours) / $75 – half day (under five hours)
Full mobile room (16 x 23½ feet)
2 x 6-foot tables may be set up in various configurations.
Capacity – 20 classroom or conference style,
30 theater-style: $200 – all day / $100 – half day
Subdivided mobile room (16 x 11 feet)
Capacity – seats 10 conference style:
$75 – all day / $40 – half day
Package deal – both rooms (standard and mobile):
$250 – all day / $150 – half day
Hourly rate
$20
Parking
Four- and ten-hour parking available south of the building
on Ward, Estudillo and Green Streets
For more information . . .
Please contact Manny Gutierrez at (925) 370-2549
Contra Costa Lawyer 21

Probable Cause Declaration System
by Hon. Mary Ann O’Malley
Presiding Judge
The Contra COSTA County
Superior Court was among eight
recipients selected by the state’s Judicial
Council to receive the 2008-2009 Ralph
Kleps Award for our County’s Online
Probable Cause computer application. The
Kleps Award recognizes and celebrates
the valuable innovations developed by
courts around the state that are innovative,
are transferable to other courts, and have
demonstrated results.
Constitutional mandates require a
magistrate to make an independent review
of the basis for the arrest and detention,
and determine if probable cause exists
within 48 hours of arrest. As part of their
after-court responsibilities, judges respond
to probable cause declarations by police
officers. When assigned to probable cause
duty, they are required to perform these
additional nighttime or weekend judicial
duties.
This online computer application
allows a judge on magistrate duty the
ability to approve or deny probable cause
declarations in real time from any internet
connection. It significantly improves
communication with arresting officers,
expedites probable cause responses, and
improves the processing of judicial workload.
The computerized declarations from
officers are immediately placed in a
single countywide queue, by date and time
of arrest, for judicial review. Information
is legible, and requests for additional
information are transmitted electronically
to the officer and agency. The officer and
jail are notified in real time to detain or
release the suspect. Judicial workload for
probable cause review has decreased by
approximately 80%, and saved six hours
per shift for the sheriff.
Previously, handwritten declarations
were faxed to the court for the judge. Jail
supervisors often called judges at home
to determine the status before time
expired. A usual week of probable cause
duty, under the old system, meant that
20% of the after-hours time was spent
reviewing the declaration, and 80%
performing clerical functions, such as
faxing, organizing, stapling, and matching
documents.
The sheriff, who worked jointly with
local justice partners to make this program
a reality, approached the court
with the concept. Ongoing funding to
provide support, maintenance and hardware/software
upgrades is provided by
the Automated Regional Information
Exchange System (ARIES) coalition in
Contra Costa County. The ARIES coalition
is comprised of representatives from
regional justice partners and every law
enforcement agency in Contra Costa,
including the court, sheriff, district
attorney, public defender, probation, and
County Revenue Collection, plus the
Solano County Sheriff, City of Livermore,
and the FBI. ARIES retained Hunter
Research as our development and programming
partner.
Contra Costa County provided initial
grant funding for the program to facilitate
data sharing, integration and public safety,
supplemented by court funds (less than
$20,000), and funding from police agencies.
The total cost of the initial program
was $87,000.
The program became operational on
April 23, 2007. The court processed
approximately 15,000 declarations in FY
2007-08, the first full fiscal year in
operation. The Probable Cause system
— because of its great success — has been
implemented for juvenile delinquency case
types with the same resounding results. u
— Wanted —
Conservatorships
think
Matt Toth
as in
Pedder, Hesseltine,
Walker & Toth, LLP
oldest partnership in Contra Costa County
(52 years)
p 925.283-6816 • f 925.283-3683
3445 Golden Gate Way, P.O. Box 479
Lafayette, CA 94549-0479
AV Martindale-Hubbell
22 October 2009

Congratulations Justice Bruiniers!
by Matt Guichard
In what has become a very proud
tradition for our Contra Costa County
Superior Court, Judge Terence L. Bruiniers
has been elevated to the Court of Appeal,
First Appellate District. He is now serving
as an Associate Justice of Division Five.
Speaking of five, Justice Bruiniers was
Department Five in Contra Costa County
when he took the bench in 1998. Justice
James Marchiano, another of our Contra
Costa alums, was also Department Five.
And, if memory serves, Justice Gary
Strankman was Department Five. Does
the Governor know something? At any
rate, in addition to all of these judges
serving in Department Five of Contra
Costa’s Superior Court, they were also
products of U.C. Berkeley’s Boalt Hall.
Justice Bruiniers was appointed to our
local Superior Court Bench on October 16,
1998 by Governor Pete Wilson. He spent
an enjoyable 11 years on the trial court.
He does miss the “great staff” he had in
Contra Costa County, and the hustle and
bustle of that trial court assignment. The
quiet of his work place at the Court of
Appeal is in marked contrast to Martinez,
so if you get a chance, stop by and say hello
when you are in San Francisco.
Justice Bruiniers has a fascinating history.
From 1967 to 1973, he worked as a
Berkeley police officer. I am certain he
has a number of stories about Berkeley in
the late ’60s and early ’70s. I recall them
to be very heady times, especially around
Telegraph Avenue and Sather Gate, so
one can only imagine what he recalls.
In 1969 he graduated from U.C.
Berkeley. He started at Cal in 1963, but
took a year off to do his active duty time
in the Marine Corps., and working nights
at the police department slowed him down
a bit. In 1973, he graduated from Boalt
Hall. He served in the United States
Marine Corps. Reserves from 1965 until
1971. He served as a Deputy District
Attorney in Alameda County from 1973
through 1981. And he joined a civil firm
in San Francisco in 1981. He became a
principal in the firm of Farrand, Cooper
& Bruiniers, and left in 1998 when he was
appointed to our local Superior Court
Bench.
Justice Bruiniers very much enjoys his
role as an Associate Justice. He does commute
each day to the city. But he did that
for 18 years while he practiced there, so
that is an easy habit to get back into. He
does get to put on his black robe for oral
argument at least one day a month,
sometimes two. The rest of his time is
spent reading and researching cases. He
does have his own staff of research attorneys,
something he did not have at the
trial court level.
We congratulate Justice Bruiniers not
only on his elevation, but his remarkable
legal career. So who is next in Department
Five? u
Chief Justice Ronald M. George (right)
swears in Justice Terence L. Bruiniers
Contra Costa Lawyer 23

Temporary Judges
Partners in Justice
by Mimi Lyster
Director of Court Planning and Special Projects
Through our local bar, nearly
50 of its members form the
backbone of our Temporary
Judge Program. Without
you, it would have been
nearly impossible to keep up
with hearing all the cases set
during this past year!
Rule 10.742 of the California
Rules of Court allows
courts to appoint licensed
California attorneys who meet
certain training, education,
and experience requirements
to serve as temporary judges.
The baseline requirements for service are
spelled out in CRC, Rule 2.810 et. seq.,
but boil down to 10 years of active membership
in the California State Bar, and a
combination of at least 12 hours of online
and in-person training every three years
in judicial ethics and demeanor, and the
substantive law associated with any calendar
s/he might call.
In Contra Costa County, temporary
judges occasionally call: Civil Harassment,
Discovery, Domestic Violence, Family Law
(Support only), Juvenile Dependency
and Delinquency, Probate, Small Claims,
Traffic, and Unlawful Detainer calendars.
# Cases Heard July 2008-June 09
Civil 161
Civil Harassment 144
Discovery 127
Domestic Violence 166
Family Law 1058 546
Juvenile 2,108
Probate 862
Small Claims 954
Small Claims Appeals 163
Traffic 13,497
Unlawful Detainer 204
TOTAL 18,932
In fiscal year 2008-09, a total of 49 local
attorneys heard 18,932 of the court’s total
caseload (just under 10% of all filings for
this period) as the above chart illustrates.
All attorneys appointed to the Temporary
Judge Panel serve at the pleasure
of the Presiding Judge and the Supervising
Judge in the relevant department(s).
There is no employment relationship
established between the temporary judge
and the court, and the court appoints the
temporary judges to serve, based on the
needs of the court.
As training is such a central feature of
this program, we owe a huge debt of
gratitude to Judge Diana Becton
Smith and Commissioner Lowell
Richards for heading up the
subcommittee that oversees this
important program, together
with the judges and commissioners
who develop and deliver
the programs that our panelists
must take. Those who have been
on our Temporary Judge Panel
for the past three years will be
taking the full complement of
both online and in-person training
over the next three months
or so (information on the training
requirements and schedule of available
classes can be found at www.cc-courts.
org/tempjudge).
If you’d like to serve as a temporary
judge in the Contra Costa Superior Court,
please submit a letter of interest and a
letter of recommendation from a judicial
officer (preferably from the Contra Costa
Superior Court bench.) If invited to continue
with the application process, attorney
candidates must fill out and return a separate
application. Letters of interest should
be addressed to Presiding Judge Mary Ann
O’Malley, and mailed to Mimi Lyster at
P.O. Box 911, Martinez, CA 94553. u
925.790-2600 • info@amllp.com • www.amllp.com
Young Design
&
Production
D E S I G N
W R I T I N G
E D I T I N G
Young Design & Production
is the designer for the Contra
Costa County Bar Association
Please note
new contact
information!
Nancy Young
821 Escobar Street
Martinez, CA 94553
925.229.2929
youngdesign@att.net
24 October 2009

Using Technology to
Increase Access to Justice
by Magda Lopez
Director of Court Programs and Services
One of the expressed goals of our court’s
current Operational Plan is to use technology
to increase access to justice. Predictably,
this has become increasingly challenging
in light of ongoing budget pressures.
Nonetheless, our staff’s ongoing search
for creative (and inexpensive!) ways to
implement this goal has already yielded
some successes. Most recently, one of our
legal technicians, Nicolle Clark, suggested
that we adopt a practice from the Santa
Clara County Superior Court: posting a
log on the internet that attorneys and
litigants can use to check the status of
their ex parte paperwork.
The idea was received with much
enthusiasm by Family Law Supervising
Judge Barry Goode, as well as by members
of the CCCBA’s Family Law Bench/
Bar Committee. With their support
secured, the Director of Court Planning
and Special Projects, Mimi Lyster, was
enlisted to provide the necessary website
and internet expertise. After extensive
work behind the scenes, the project was
launched on August 24. Since then, all
family law ex parte applications and other
miscellaneous pleadings processed by the
court’s legal technicians unit have been
assigned a reference number at the time
that they are submitted to the forms
window in the lobby of the Family Law
Center. The legal technicians create and
maintain a log on the internet that tracks
documents by reference number and
indicates whether the documents are
ready for pick up. The internet log is
updated daily at noon and 4:30pm.
If you’d like to see the process, the log
is located at www.cc-courts.org/exparte
and can also be accessed from the home
page on the court’s website by clicking
on the link labeled “Family Law Restraining
& Ex Parte Orders.”
In creating this log, we were mindful
of the need to protect the confidentiality
of all aspects of every paternity case. We
were also very careful to ensure that we
did not endanger victims of domestic
violence by making it possible for perpetrators
to obtain information regarding
restraining order applications while they
were still being processed. Accordingly,
neither the names nor case numbers are
posted in paternity and domestic violence
cases.
Posting the log on the internet means
that the information is accessible 24 hours
per day, 7 days per week — rather than
just during the hours that the court is in
operation. Parties and attorneys can
quickly and easily get an update on the
status of their case, without having to call
and risk getting a busy signal. The legal
technicians also benefit since they have
more time to work on other pressing
matters, such as the Family Code Section
2336 default judgments. Undeniably a
win-win for everyone.
This is the first of many improvements
in service delivery that we hope to implement
in the coming years. In the meantime,
we invite litigants and attorneys to
avail themselves of the added convenience
of using the internet to check on the
status of documents submitted to the
forms window. u
Attorney Counseling Evenings
The CCCBA offers ACE Nights in various
subject matters, such as family, landlord/
tenant and immigration law. The programs
are only two hours in length. They have been
an invaluable service to the community — and
the feedback received has been fantastic!
If you’re interested in volunteering for an
upcoming ACE Night, please contact
CCCBA’s Michele Vasta at 925.370-2548
or mvasta@cccba.org.
Robert E. Aune
Mediation and Arbitration
of Real Estate Matters
Construction Defects • Lease Disputes
Homeowner Association Disputes
Commercial Finance • Land Use
Insurance Coverage
505 Sansome Street, 6th Floor • San Francisco 94111
415.433-6400 • raune@auneassociates.com
Contra Costa Lawyer 25

Volunteer Interpreters
at the Family Law Courthouse
by Kiri Torre
Court Executive Officer
The synergy that results when agencies
pool their resources can be truly inspiring.
Take, for example, the collaboration
between the Contra Costa County Superior
Court and Spanish Global Solutions. Since
the end of March, Spanish Global Solutions
has been recruiting and training volunteers
to serve as Spanish interpreters at the Senior
Self Help Clinic and the Help Desk in the
court’s Spinetta Family Law Center. The
results have been truly impressive.
So far, the Spanish Volunteer Program
has recruited eight interpreters, five of
whom are already actively participating:
Phyllis López Magaña; Susan Tunison;
Norma Márquez; María Navarrete; and
Ángel Ruiz Blanco (supervisor). Volunteers
provide interpretation and translation
services as well as aid in filling out forms.
The feedback the program has received
from attendees has been extremely encouraging,
and news of the clinic is beginning
to spread. Recently, a man who was the
respondent in a dissolution case received
interpretation services as well as assistance
in completing his forms. The following
week, the petitioner came in after speaking
with the respondent so that she too
could receive help. Each month the number
of attendees has increased notably and
many Spanish speakers now wait until
Tuesday to attend the clinic so they can
take advantage of these free services.
Survey responses by attendees thus far
have been positive, thanking the volunteers
for their help and letting them know
how much they appreciate their help.
Of course, none of this would be possible
without support from some key
people. Presiding Judge Mary Ann
O’Malley approved the program. Magda
Lopez, Director of Court Programs and
Services worked closely with Spanish
Global Solutions and has been an enthusiastic
cheerleader for the program. At the
heart of the program is Ángel Ruiz Blanco,
the owner-director of Spanish Global
Solutions. Spanish Global Solutions is a
private business offering Spanish consulting
services to businesses and professionals
as well as Spanish language instruction,
translation and interpretation.
Ángel is an attorney educated and
licensed to practice law in Spain. His first
experience with volunteer interpreter
programs came when he created a program
for the Contra Costa County Bar Association.
Through Spanish Global Solutions,
Ángel has taken on recruiting and interviewing
a pool of interpreters, ensuring
that background checks and paperwork
are completed, organizing and providing
legal training for the interpreters, and
supervising and evaluating their work. He
is also contacting online and local certified
court interpreter programs to create a
partnership so that as students learn from
their volunteer experience, the experience
will also serve as a bridge for future job
opportunities once they are certified language
interpreters.
We are very grateful to Ángel for his
energy and dedication to this program,
and we look forward to working with
Spanish Global Solutions as we expand
the program to include additional languages
while continuing to provide outstanding
service to the community. u
Do it for the Kids!
The Contra Costa County Bar Association is looking for
energetic and enthusiastic volunteers for the
Education Outreach Program
To strengthen our pledge of providing valuable law-related education to local high school
and middle school students, attorneys are needed to volunteer with EOP throughout the county.
The time commitment is minimal, but the rewards for participation are significant for both
you and our youth!
To learn more about this exciting program, please contact: Michele Vasta
925.370-2548 • mvasta@cccba.org
www.cccba.org
26 October 2009

B A R R & B A R R
A T T O R N E Y S
We are pleased to announce that we have moved
to a newly renovated office in Danville to accommodate
the addition of the following attorneys to our firm:
•
Williem J. Bard, Esq.
Janet M. Li, Esq.
Christopher M. Moore, Esq.
•
Our new address and contact information:
318-C Diablo Road Phone: (925) 314-9999
Danville, CA 94526-3443 Fax: (925) 314-9960
Will & Trust Litigation
Elder Abuse Litigation • Conservatorships
B A R R & B A R R
A T T O R N E Y S
318-C Diablo Road • Danville, CA 94526-3443 • (925) 314-9999
Edward E. Barr (retired)
Janet M. Li
Loren L. Barr*
Christopher M. Moore
Joseph M. Morrill
John Milgate, Of Counsel
Williem J. Bard
Tracey McDonald, Paralegal
*Certified Specialist, Estate Planning, Trust and Probate Law, The State Bar of California Board of Legal Specialization
Contra Costa Lawyer 27

ethics corner
by Carol M. Langford
Money matters have been foremost on
clients’ minds as the recession winds down
and we all learn to readjust our financial
priorities. During tough times, clients will
seek to find inventive ways to delay paying
their lawyers. The State Bar is aware
of this, and has issued two new ethics
opinions that provide guidance in dealing
with collection and settlement matters.
The first is Formal Ethics Opinion No.
2009-177. It addresses this situation: You
are the former attorney in a matter. The
client fires you, finds a new lawyer, and
then gets a settlement check. You may
have thought about this in advance and
included lien language in your fee agreement.
But guess what? The settlement
check is made out to three people: you,
the client and her new attorney. The client
demands you sign it, but you have been
around the block a few times and are
afraid that you’ll forfeit your lien rights
to the money if you do, in fact, sign.
The opinion first discusses Rule of
Professional Conduct 4-100, which
requires prompt payment to the client of
client funds. But note that Rule 4-100 only
covers funds the client is entitled to, and
that does not include funds owed to the
attorney. Therefore, the opinion concludes,
the attorney need not sign the check.
But the attorney’s duties are not over.
The lawyer does need to find another
reasonable method of delivering the
undisputed portion of the settlement to
the client. Rule 4-100 itself does not
suggest methods to comply with the rule,
but case law does. In the Matter of Feldsott
(Rev. Dept. 1997) 3 Cal. State Bar Ct.
Rptr. 754 — the court allowed the lawyer
to place the disputed funds in his trust
account or in a separate blocked account
where the lawyer offered the client reasonable
options to release the undisputed
portion of the funds and the client refused.
In the Matter of Kroff (Rev. Dept. 1998) 3
Cal. State Bar Ct. Rptr. 838 — the court
allowed an attorney to participate in a fee
arbitration over the disputed money since
the lawyer promptly paid to the client
what it was determined he owed after the
fee arbitrator awarded judgment.
The opinion also states that an attorney
could place the funds in the successor
attorney’s account pursuant to an express
agreement to hold the disputed funds in
trust pending resolution of the dispute.
The successor assumes the role of fiduciary
and cannot favor the client by converting
the funds to give them to the client.
The second new State Bar opinion out
this year is Opinion 2009-176. This one
addresses the scenario of a lawyer representing
a client who gets a settlement
offer conditioned on the client’s waiver of
statutory attorney fees. This issue comes
up in contracts where the attorney has
the right to the greater of the one-third
contingency fee or the statutory fees.
Unfortunately for plaintiffs’ lawyers, it
concludes that the lawyer may not bar
such an offer notwithstanding the client’s
desire to accept it, even where the lawyer
is on a contingency fee, meaning that the
lawyer does not recover the full value of
her services. It also holds that it is not
unethical to offer such settlements. The
bottom line here is that ultimately it is
the client’s right to settle a case.
Finally, take note that the calendar for
the State Bar Commission on the Revision
of the Rules of Professional Conduct is
actively working on drafting and revising
the Rules of Professional Conduct. Some
day very soon we will not be governed by
the current rules that we all know so well.
Keep tabs on the State Bar website and
submit your comments. u
— Carol M. Langford is a lawyer specializing
in attorney conduct, State Bar defense
and legal malpractice matters. She practices in
Walnut Creek and is an adjunct professor of
ethics at Hastings College of the Law.
Please send your ethics questions to:
Carol Langford
100 Pringle Avenue, Suite 570
Walnut Creek CA 94596
langford@usfca.edu
(If your question is answered in a future column,
your name/firm name will be omitted.)
28 October 2009

The Contra Costa County Bar Association
is pleased to announce the fourth never annual
Trivia Bowl
for Access to Justice
in support of The BAR FUND
Friday, October 2, 2009
6:00 – 9:30pm
Blackhawk Museum
$75 per person - $750 reserved table for 10
$100 per person for Sponsors / $1,000 Patron table for 10 (includes recognition in event program)
$500 to enter a team of 3 (100% of team entrance fees may be taken as charitable tax deduction)
Master of Ceremonies Tom Beatty • Judge Hon. Norm Spellberg (ret.) • Game Show Host Brian Bonney
Enter a team (no later than September 1) to compete against law firms and retired judges, or put together an
All Star team of your trivia-savvy colleagues to compete for the perpetual trophy. Trivia categories will include: literature,
science & technology, history & geography, arts & entertainment, sports, local legal lore, and obscure legal questions.
This year we also have a special category of questions in keeping with our “Auto” themed venue.
Maserati Sponsors
JAMS • Miller Starr Regalia • Nevin Ramos & Steele
Ferrari Sponsors
Carroll, Burdick & McDonough, LLP • Certified Reporting Services • The Recorder
To Register: Call Michele Vasta at 925.370-2548 with your Visa, MasterCard, American Express, or Discovery Card,
email her at mvasta@cccba.org ~ or ~ send your check, payable to CCCBA, to 704 Main Street, Martinez 94553.
For further information, contact Lisa Reep at 925.288-2555 or lgreep@cccba.org.
Arlene Segal
Law Offices of Arlene Segal
Litigation - Mediation
Trust and Estate Disputes • Financial Abuse
100 Pringle Avenue, Suite 780 • Walnut Creek, CA 94596
telephone (925) 937-4224 • fax (925) 937-4273
To place a display or classified ad,
please make note of new contact info:
Nancy Young
Young Design & Production
821 Escobar Street, Suite 124
Martinez CA 94553
925.229.2929
youngdesign@att.net
Display ads start as low as
$80 per month, while classifieds run
as little as $36 per ad.
Contra Costa Lawyer 29

advertisers’ index
ADR Services, Inc.. . . . . . . . . . . . . . . . . .19
Roger F. Allen . . . . . . . . . . . . . . . . . . . . . .9
Armanino McKenna LLP . . . . . . . . . . . . .24
Robert E. Aune . . . . . . . . . . . . . . . . . . . .25
Barr & Barr Attorneys. . . . . . . . . . . . . . . .27
Braverman Mediation & Consulting . . . . .31
California Society of CPAs. . . . . . . . . . . .13
Diablo Valley Reporting Services . . . . . . .32
Glenn & Dawson LLP. . . . . . . . . . . . . . . .19
JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Law Offices of Arlene Segal . . . . . . . . . . .29
Law Offices of David M. Lederman . . . . . .15
Law Offices of Gary D. Sparks . . . . . . . . .22
Mechanics Bank . . . . . . . . . . . . . . . . . . .19
Mullin Law Firm . . . . . . . . . . . . . . . . . . .15
Mark V. Murphy. . . . . . . . . . . . . . . . . . . .19
Pedder, Hesseltine, Walker & Toth, LLP. . 22,30
Julie Schumer. . . . . . . . . . . . . . . . . . . . .11
Scott Valley Bank. . . . . . . . . . . . . . . . . . . .9
West . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Young Design & Production. . . . . . . . . . .24
Michael J. Young. . . . . . . . . . . . . . . . . . .10
Youngman, Ericsson & Low, LLP . . . . . . .30
Zandonella Reporting Service . . . . . . . . .31
offices
for rent...
contract
attorneys...
job
opportunities
...
classifieds
Looking for Office Space?
Two solo family law attorneys looking
for one or two family law solos to share
space in Walnut Creek. Call 925.627-4230
or 925.787-9555.
Bishop Ranch Office Space
Financial planning firm has 2 offices
avail within suite. Rents $800 to $1000/
mo., shared conf. rm, recep area, kitchen.
Great location! Call 925.866.1246.
Walnut Creek Law Offices – Sublease
Large executive office available in
established family law firm. Has park-like
view from wall to wall office windows.
Located in a Class A building at 2700
Ygnacio Valley Rd and includes secretarial
area, storage, conference room, and copier.
$1,775/month. Contact Daniel Schick at
925.943-1500.
961 Ygnacio Valley Road, Walnut Creek
Share building with 7 solos. One office
available. All amenities. 925.938-2460.
Walnut Creek office space to share
700 Ygnacio. Large corner window office
plus secretarial station, smaller window
office plus joint use of copier/file, lunch and
conference rooms. Parking included. Call
925.472-8000.
710 S. Broadway, Walnut Creek
Great location near Nordstroms. 1946
sq. ft. Furnished law office. Please call
925.937-2646 re sublease.
2 Conference rooms for rent
Conveniently located near courthouse
in downtown Martinez (CCCBA office,
704 Main Street, Martinez). Standard
room (seats 10-12): $150 all day/$75 half
day. Mobile room (full - seats up to 30):
$200 all day/$100 half day. Subdivided
(seats up to 10): $75 all day; $40 half day.
Both rooms: $250 all day/$150 half day.
$20 hourly rate. Full catering available.
Call Manny, 925.370-2549.
professional announcements
Probate paralegal to attorneys
Joanne C. McCarthy. 2204 Concord Blvd.
Concord, CA 94520. Call 925.689-9244.
To place a classified ad,
please contact:
Nancy Young
925.229.2929
youngdesign@att.net
Youngman, Ericsson & Low, LLP
1981 North Broadway • Suite 300
Walnut Creek, CA 94596
Tax Lawyers.
(925) 930-6000
30 October 2009

Contra Costa Lawyer 31