Contra Costa Lawyer - Contra Costa County Bar Association
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
Volume 22, Number 10 • October 2009<br />
The official publication of the<br />
B A R A S S O C I A T I O N<br />
The Arnason Justice Center<br />
Bench/<strong>Bar</strong> Issue
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
Volume 22, Number 10 • October 2009<br />
B A R A S S O C I A T I O N<br />
features<br />
c o n t e n t s<br />
5 2010 Judicial Assignments<br />
and Holidays<br />
6 Updates from the Presiding Judge<br />
and Assistant Presiding Judge<br />
Hon. Mary Ann O'Malley<br />
hon. Diana Becton Smith<br />
8 2009 Year in Review<br />
Hon. John W. Kennedy<br />
hon. <strong>Bar</strong>ry P. Goode<br />
hon. Lois Haight<br />
hon. Laurel S. Brady<br />
hon. William M. Kolin<br />
14 Statewide Court Closures<br />
Hon. Mary Ann O'Malley<br />
18 State Budget impact on the court<br />
Kiri Torre<br />
22 Probable cause declaration system<br />
Hon. Mary Ann O'Malley<br />
23 Congratulations Justice Bruiniers!<br />
Matt Guichard<br />
24 temporary judges<br />
partners in justice<br />
Mimi Lyster<br />
25 using technology to increase<br />
access to justice<br />
Magda Lopez<br />
26 Volunteer Interpreters at<br />
the family law courthouse<br />
Kiri Torre<br />
departments<br />
4 Inside<br />
Kiri Torre<br />
16 2009 MCLE Spectacular!<br />
21 Question Man<br />
In light of the $7.6 million deficit CUT<br />
from the state, what suggestions<br />
do you have for the court?<br />
28 ethics Corner<br />
carol M. Langford<br />
30 classifieds<br />
A rendering of The Arnason<br />
Justice Center. This model<br />
courthouse will be ready for<br />
occupancy in late 2010.
inside<br />
2009 BOARD of DIRECTORS<br />
Larry Cook President<br />
Ron Mullin President-Elect<br />
Kathy Schofield Secretary<br />
Audrey Gee Treasurer<br />
Robin Pearson Ex Officio<br />
Christopher Bowen<br />
Oliver Bray<br />
Mike Brewer<br />
Jay Chafetz<br />
Virginia George<br />
Peter Hass<br />
Leigh Johnson<br />
Kristen Thall Peters<br />
Ron Rives<br />
Dana Santos<br />
Stephen Steinberg<br />
Candice Stoddard<br />
CCCBA EXECUTIVE DIRECTOR<br />
Lisa Reep: 925.288-2555 • lgreep@cccba.org<br />
CCCBA main office: 925.686-6900 • www.cccba.org<br />
Jennifer Comages<br />
Membership Coordinator<br />
Emily Day<br />
Systems Administrator and<br />
Fee Arbitration Coordinator<br />
Manny Gutierrez<br />
Administrative Assistant<br />
and Legal Interviewer<br />
EDITOR<br />
Candice Stoddard<br />
925.942-5100<br />
ASSOCIATE EDITOR<br />
Nancy J. Young<br />
925.229-2929<br />
BENCH LIAISON<br />
Hon. Mary Ann O'Malley<br />
925.646-4001<br />
BOARD LIAISON<br />
Candice Stoddard<br />
925.942-5100<br />
COURT LIAISON<br />
Kiri Torre<br />
925.957-5607<br />
ADVERTISING/DESIGN<br />
Young Design & Production<br />
925.229-2929<br />
PRINTING<br />
Excel Graphics<br />
925.552-9998<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
PHOTOGRAPHER<br />
Moya Fotografx<br />
510.847-8523<br />
Maria Navarrete<br />
LRIS Coordinator<br />
<strong>Bar</strong>bara Tillson<br />
Moderate Means Program<br />
Coordinator<br />
Michele Vasta<br />
Section Liaison / Education<br />
& Programs Coordinator<br />
EDITORIAL BOARD<br />
Kate Bekins<br />
925.284-0480<br />
Mark Ericsson<br />
925.930-6000<br />
Matthew P. Guichard<br />
Local Civil Jury Verdicts<br />
925.459-8440<br />
Patricia Kelly<br />
925.258-9300<br />
Nicole Mills<br />
925.351-3171<br />
Craig Nevin<br />
925.930-6016<br />
David Pearson<br />
925.287-0051<br />
Erika Portillo<br />
925.459-8440<br />
Andy Ross<br />
925.296-6000<br />
Kathy Schofield<br />
925.253-7890<br />
Audrey Smith, JFK Liaison<br />
925.969-3561<br />
Harvey Sohnen<br />
925.258-9300<br />
Marlene Weinstein<br />
925.942-5100<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> (ISSN 1063-4444) is published<br />
monthly by the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong> (CCCBA),<br />
704 Main Street, Martinez, CA 94553. Annual subscription of $25<br />
is included in the membership dues. Second-class postage paid<br />
at Martinez, CA. POSTMASTER: send address change to the<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong>, 704 Main Street, Martinez, CA 94553.<br />
The <strong>Lawyer</strong> welcomes and encourages articles and letters<br />
from readers. Please send them to: Nancy J. Young, Associate<br />
Editor, <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong>, 821 Escobar Street #124, Martinez,<br />
CA 94553; or email to: youngdesign@att.net.<br />
The CCCBA reserves the right to edit articles and letters<br />
sent in for publication. All editorial material, including editorial<br />
comment, appearing herein represents the views of the respective<br />
authors and does not necessarily carry the endorsement of<br />
the CCCBA or the Board of Directors. Likewise, the publication<br />
of any advertisement is not to be construed as an endorsement<br />
of the product or service offered unless it is specifically stated<br />
in the ad that there is such approval or endorsement.<br />
by Kiri Torre<br />
Court Executive Officer<br />
2009 . . . a year with many economic challenges for the California Judicial Branch as a<br />
whole, and our court in particular. Despite these challenges, we continue to be optimistic<br />
in our efforts to provide exemplary services to the public while reducing expenditures.<br />
This Bench/<strong>Bar</strong> edition contains articles reflecting on 2009 from our Judicial Leadership —<br />
Presiding Judge Mary Ann O’Malley, Assistant Presiding Judge Diana Becton Smith,<br />
Supervising Judges <strong>Bar</strong>ry Goode (Family Law), John Kennedy (Criminal), Lois Haight<br />
(Juvenile), Laurel Brady (Richmond), and William Kolin (Walnut Creek-Concord).<br />
Other articles of interest include the new legislation mandating the closure of all courts<br />
in California on the third Wednesday of each month, from September 2009 to June 2010,<br />
and the impact of the state budget cuts on our court.<br />
On a brighter note, we have also included updates on the court’s strategic planning<br />
efforts, led by Assistant Presiding Judge Diana Becton Smith, as well as articles featuring<br />
advancements in technology, expanded services in the self-help arena and recognition<br />
of the invaluable dedication of our local attorneys serving as temporary judges to assist<br />
the court in addressing the cases filed with the court.<br />
This year, we bid a fond farewell to one of the court’s most respected jurists, Justice<br />
Terence L. Bruiniers, who was elevated to the First District Court of Appeal on June<br />
30. We also watched with anticipation as the state’s first state-funded courthouse — the<br />
Arnason Justice Center — began construction in Pittsburg. This model courthouse<br />
will be ready for occupancy in late 2010, and will house seven departments, the Clerk’s<br />
Office, Self-Help Center, Children’s Waiting Room, Public Law Library and other<br />
services for the community.<br />
We appreciate the ongoing partnership with the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
and are very proud to contribute to the court issue of the <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong>. u<br />
Welcome to Our Newest Judge!<br />
The Court welcomes its newest Judge, Edward G. Weil,<br />
to the <strong>Contra</strong> <strong>Costa</strong> Superior Court. He brings a<br />
wealth of experience, having most recently served as a<br />
supervising deputy attorney general since 2003.<br />
Judge Weil was sworn in on September 28, 2009 and<br />
is presiding over cases in the Pittsburg Court.<br />
4 October 2009
2010 JUDICIAL ASSIGNMENTS<br />
Mary Ann O’Malley<br />
Presiding Judge<br />
Diana Becton-Smith<br />
Assistant Presiding Judge<br />
Martinez<br />
Walnut Creek<br />
Criminal Trials<br />
Judge John W. Kennedy - Supervising<br />
Judge Laurel S. Brady<br />
Judge Theresa J. Canepa<br />
Judge Jill Fannin<br />
Judge David B. Flinn<br />
Judge Joni T. Hiramoto<br />
Judge John T. Laettner<br />
Judge Leslie G. Landau<br />
Criminal Calendars<br />
Judge Brian Haynes - Felony<br />
Judge Clare Maier - Bray<br />
Judge Richard E. Arnason - Probation<br />
Vacant - Annex<br />
Civil<br />
Judge <strong>Bar</strong>ry P. Goode - Supervising/<br />
Complex Litigation<br />
Judge <strong>Bar</strong>ry Baskin<br />
Judge Judith Craddick<br />
Judge Cheryl Mills<br />
Judge <strong>Bar</strong>bara Zuniga<br />
Commissioner Judith A. Sanders<br />
Probate<br />
Judge Joyce Cram - Supervising<br />
Commissioner Don Green<br />
Family Law<br />
Judge Joyce Cram - Supervising<br />
Judge Ben Burch - Family/Probate Trials<br />
Judge Susanne Fenstermacher<br />
Judge Penny M. Scanlon<br />
Judge Steve Treat<br />
Commissioner Josanna Berkow<br />
Commissioner Jeffrey D. Huffaker<br />
Juvenile<br />
Judge Lois Haight - Supervising<br />
Judge Lewis A. Davis<br />
Judge Nancy Davis Stark<br />
Judge Diana Becton-Smith<br />
Commissioner Stephen F. Houghton<br />
Judge William M. Kolin - Supervising<br />
Judge Bruce C. Mills<br />
Judge George V. Spanos<br />
Commissioner Ronald K. Creighton<br />
Commissioner Joel Golub<br />
Pittsburg<br />
Judge Steven K. Austin - Supervising<br />
Judge Harlan Grossman<br />
Judge John H. Sugiyama<br />
Judge Trevor S. White<br />
Commissioner Lowell E. Richards<br />
Richmond<br />
Judge Thomas M. Maddock - Supervising<br />
Judge Peter A. Berger<br />
Judge <strong>Bar</strong>bara Hinton<br />
Judge Ed Weil<br />
Commissioner Robert L. Broughton<br />
Judicial Holidays<br />
Friday, January 1, 2010<br />
Monday, January 18, 2010<br />
Wednesday, January 20, 2010<br />
Friday, February 12, 2010<br />
Monday, February 15, 2010<br />
Wednesday, February 17, 2010<br />
Wednesday, March 17, 2010<br />
Wednesday, March 31, 2010<br />
Wednesday, April 21, 2010<br />
Wednesday, May 19, 2010<br />
New Year’s Day<br />
Martin Luther King, Jr.’s Birthday<br />
Court Closure Day<br />
Lincoln’s Birthday<br />
President’s Day<br />
Court Closure Day<br />
Court Closure Day<br />
César Chávez Day<br />
Court Closure Day<br />
Court Closure Day<br />
Monday, May 31, 2010<br />
Wednesday, June 16, 2010<br />
Monday, July 5, 2010<br />
Monday, September 6, 2010<br />
Monday, October 11, 2010<br />
Wednesday, November 11, 2010<br />
Thursday, November 25 and<br />
Friday, November 26, 2010<br />
Friday, December 24, 2010<br />
Friday, December 31, 2010<br />
Memorial Day<br />
Court Closure Day<br />
Independence Day<br />
Labor Day<br />
Columbus Day<br />
Veterans’ Day<br />
Thanksgiving Holiday<br />
Christmas Eve<br />
New Year’s Eve<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 5
Update from the Presiding Judge . . .<br />
Hon. Mary Ann O'Malley<br />
Are we having fun yet?<br />
Summer is over. My boys are back in school,<br />
homework is on the rise and my husband<br />
is insanely busy. That’s just some of the fun<br />
I’m having at home. So far as P.J. goes, I’ve<br />
dealt with a budget, or lack thereof, court<br />
closures, and two vacancies that desperately<br />
need to be filled. Despite the above, however,<br />
I honestly have to say that I love coming<br />
to the courthouse and working with the<br />
most dedicated, hard-working court<br />
employees you will ever meet. No matter<br />
how hard times are — and believe me, these<br />
are hard times! — our court employees<br />
continue to work with fewer and fewer<br />
resources and somehow get the job done in<br />
the most professional and courteous manner.<br />
I am honored to be their P.J. and will do<br />
everything in my power to get us through<br />
these unbelievably challenging times.<br />
This year, the statewide trial court<br />
budget reductions totaled $393 million.<br />
What this has meant for <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong> is a 12% reduction to our own<br />
budget, totaling over $7.6 million. In her<br />
State Budget article, our very capable CEO,<br />
Kiri Torre, has addressed some of the ways<br />
we plan to cope with these very substantial<br />
cuts, most of which are ongoing. Our<br />
solutions will be those that deal with<br />
permanent, ongoing cuts as opposed to a<br />
temporary fix that won’t help us next year<br />
or the year after, when things are expected<br />
to get worse.<br />
Another offshoot of our current fiscal<br />
crisis is the legislation that all the courts<br />
across the state close the third Wednesday<br />
of every month, which started September<br />
16. This is an unprecedented move by our<br />
Legislature and the Judicial Council. Never<br />
before, due to a financial disaster, as opposed<br />
to a natural disaster, have our courts had<br />
to close the doors. This is a shock for all<br />
of us and something I hope will end by<br />
June 30, 2010. I sincerely apologize for<br />
any inconvenience this may cause you.<br />
Due to budget constraints, we have<br />
had to consolidate calendars, rearrange<br />
schedules and adapt to doing more with<br />
less in 2010. As a result, our Limited Civil<br />
Department will be consolidated with the<br />
Unlimited Civil Departments starting in<br />
January. The Unlimited Civil Department<br />
will become a Family/Probate Department.<br />
Also starting in January, we will have<br />
eight felony trial departments instead<br />
of seven, and the Juvenile Division will<br />
go down from six judicial officers to<br />
five. We have two vacancies in light of<br />
Commissioner Libbey’s retirement (which<br />
has been open since April 1, 2008) and<br />
Judge Bruiniers’ recent elevation to the<br />
First District Court of Appeal.<br />
One bit of bright news is the progress<br />
being made on our new Richard E. Arnason<br />
Justice Center. I am happy to report<br />
that the construction is underway. Look<br />
for the large building going up near the<br />
Railroad exit on Highway 4. We hope to<br />
move in by October 4, 2010.<br />
Finally, I’d like to say a few words about<br />
Judge, now Justice, Terry Bruiniers, our<br />
colleague who has left us for the First<br />
District Court of Appeal. While Justice<br />
Bruiniers was a member of our bench, he<br />
served in a branch court and the Family,<br />
Criminal, Civil, and Complex Litigation<br />
Divisions. He also took the reigns as our<br />
Presiding Judge. He worked tirelessly in<br />
whatever assignment he was given and<br />
performed his duties as a Superior Court<br />
judge with utmost professionalism. Justice<br />
Bruiniers was a great asset to this bench<br />
and we will miss him greatly. And I have<br />
no doubt that he is having fun. u<br />
Fast Track Bench/<strong>Bar</strong> Meeting<br />
Tuesday, October 6, 2009 • Noon – 1:15pm<br />
(lunch and 1 hour MCLE credit will be provided)<br />
Dept. 9 – Judge Craddick’s Courtroom • Wakefield Taylor Courthouse (725 Court Street, Martinez)<br />
For further information, please call Michele Vasta at 925.370-2548<br />
6 October 2009
. . . and the Assistant Presiding Judge<br />
Hon. Diana Becton Smith<br />
Allocating Resources and Efforts Strategically<br />
An overview of <strong>Contra</strong> <strong>Costa</strong>’s strategic<br />
planning process and activities<br />
Strategic planning is a top priority for<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Superior Court. It<br />
helps court leadership prioritize court<br />
programs and services, and determines<br />
how they will allocate precious staff and<br />
judicial resources. This planning process<br />
is undertaken in consultation with the<br />
local <strong>Bar</strong> <strong>Association</strong>, other justice system<br />
partners and the general public.<br />
The Bench and Executive Committee<br />
approved its most recent six-year strategic<br />
plan in March of 2007, and is midway<br />
through implementing the three-year<br />
operational plan that followed in 2008.<br />
Although each court’s plan generally<br />
reinforces the six goals articulated by the<br />
state’s Judicial Council, individual courts<br />
have latitude to define their own areas of<br />
emphasis. <strong>Contra</strong> <strong>Costa</strong>’s strategic plan<br />
stresses the following five themes:<br />
1. Increasing access to justice and procedural<br />
fairness for all court customers.<br />
2. Hiring, developing, supporting, and retaining<br />
a diverse, creative, professional, and productive<br />
workforce and bench.<br />
3. Developing and using comprehensive performance<br />
measures to allocate court resources<br />
efficiently and effectively, and refining court<br />
policies and procedures to improve operations<br />
and enhance customer service.<br />
4. Integrating the skills, experience, and<br />
expertise of judicial officers and court personnel<br />
to develop and implement innovative solutions<br />
to organizational challenges.<br />
5. Leveraging technology to:<br />
• Increase access to justice;<br />
• Improve customer service;<br />
• Streamline court operations;<br />
• Expand the availability of professional<br />
training and education; and<br />
• Track and report on court operations,<br />
case management, and implementation of the<br />
strategic plan.<br />
Given the need to downsize court<br />
operations to meet a 12% reduction of<br />
$8.3 million in cuts imposed for fiscal year<br />
2009-10, strategic planning is growing<br />
in importance. <strong>Contra</strong> <strong>Costa</strong> has had<br />
hiring freezes in place for nearly two years,<br />
and has accommodated the steady loss of<br />
staff through reorganization and a steady<br />
focus on operational efficiency. Recent<br />
meetings of the Bench’s Strategic Plan<br />
Oversight Committee (which I chair)<br />
yielded a new list of cost-saving recommendations<br />
that the court will consider<br />
over the next several months. Each of the<br />
three areas listed below speak to a different<br />
aspect of court operations.<br />
Cost-Saving Recommendations<br />
Project 1<br />
Enhance case management for high-volume and pro-per heavy calendars<br />
(beginning with traffic and small claims cases.)<br />
• Assess case and trial management practices to standardize, as appropriate, how similar case<br />
types are processed.<br />
• Institute best practices in all court locations, with a focus on high-volume calendars and selfrepresented<br />
litigants.<br />
Project 2<br />
Maximize financial resources<br />
• Seek additional resources to help ensure court programs and practices are adequately funded.<br />
• Develop budget strategies to adjust court programs and services as funding levels change.<br />
Project 3<br />
Enhance revenue collection<br />
• Expand methods for handling routine customer transactions, including acceptance of credit and<br />
debit cards wherever practicable.<br />
Our planning and implementation process is most effective when we receive comments and feedback<br />
from you! If you have ideas or suggestions to offer, drop us a line at ctwebsp@contracosta.courts.ca.gov.<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 7
2009 Year in Review<br />
CRIMINAL COURT<br />
by Hon. John W. Kennedy<br />
Supervising Judge<br />
The nice thing about criminal<br />
law is that it is recession-proof.<br />
Some might even say that business<br />
picks up in a recession. In<br />
any event, it is clear that we have as many<br />
cases as ever, while budget cuts continue<br />
to reduce our available resources.<br />
This year, our beloved Judge Richard<br />
Arnason, the dean of our bench, took over<br />
a newly created calendar of felony motions<br />
and probation matters. This enabled us to<br />
keep all felony calendars in one department<br />
— Judge Leslie Landau’s Department 24<br />
— and to maintain Judge Joni Hiramoto’s<br />
multiple specialty courts in Department<br />
32. (More about them later). We are fortunate<br />
to continue reaping the benefits of<br />
Judge Arnason’s nearly 50 years of bench<br />
experience, his deep wisdom, and his<br />
always-entertaining stories.<br />
In early 2008, Judge Terence Bruiniers<br />
was tapped for a “temporary” assignment<br />
to the First District Court of Appeal. As you<br />
all know, Judge Bruiniers was sub sequently<br />
appointed to be a Justice of the First District<br />
and he began his official tenure upon his<br />
confirmation of July 30, 2009. With the<br />
elevation of Judge Bruiniers, we have lost<br />
one of our most versatile and respected<br />
judges in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. Judge<br />
Bruiniers has been the Presiding Judge,<br />
the Supervising Judge of the Criminal<br />
Division, the Complex Litigation Judge in<br />
our Civil Division, and a family court<br />
veteran in our court. He has also been our<br />
technology guru — one of the few who<br />
actually understands what the IT people<br />
are saying when they tell us what we need<br />
in the way of computers, software, telecommunications,<br />
etc. We will miss Judge<br />
Bruiniers and wish him the best of luck.<br />
With the loss of one trial department,<br />
we are operating with seven of our eight<br />
felony trial departments. The number of<br />
felony cases filed has dropped, but we are<br />
presently at a pace of trying slightly more<br />
cases than last year. This is due to the<br />
hard work of our felony trial departments<br />
— Judges Theresa Canepa, Jill Fannin,<br />
John Sugiyama, Ben Burch, Steve Treat,<br />
and now John Laettner, who replaced<br />
Judge Bruiniers. We have also had the<br />
gracious assistance of several of our civil<br />
judges, who have taken on a substantial<br />
number of criminal trials despite their<br />
regular load of civil cases.<br />
As mentioned, Judge Leslie Landau<br />
holds down a felony calendar department<br />
that once kept two judges busy. Judge<br />
Landau is known for her efficiency, organizational<br />
skills, and blazing speed in<br />
getting through a heavy calendar.<br />
Judge Joni Hiramoto presently juggles<br />
our most eclectic set of specialty calendars.<br />
She presides over our Prop. 36 calendar<br />
for drug cases, our Felony Alternative<br />
Drug Sentencing (“FADS”) Court, our<br />
Behavioral Health Court, and our Misdemeanor<br />
Domestic Violence calendar.<br />
The funding for probation officers, case<br />
managers, treatment programs, testing,<br />
and administration for both the Prop. 36<br />
and FADS programs was among the<br />
casualties of budget cuts this year. Judge<br />
Hiramoto has valiantly kept the programs<br />
alive by using alternative resources and<br />
requiring that the probationers pay the<br />
full costs of their treatment. The Probation<br />
Office, which itself has suffered drastic<br />
cuts, has found separate funding sources<br />
to dedicate at least one officer to Drug<br />
Court. For the year ending June 2008,<br />
59% of Prop. 36 probationers in our<br />
county completed treatment successfully.<br />
Our Mount Diablo calendar is now<br />
being handled by visiting judges assigned<br />
to fill Judge Bruiniers’ slot, most of whom<br />
are <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> alums. Judge<br />
Joyce Cram also handles a calendar of<br />
criminal elder abuse cases as part of her<br />
multi-disciplinary Elder Court.<br />
Our Pittsburg Court is supervised by<br />
Judge Steven Austin, with Judge Nancy<br />
Davis Stark, Judge Brian Haynes and<br />
Commissioner Lowell Richards holding<br />
down the fort under the crush of an everincreasing<br />
caseload, while we wait for<br />
completion of the new Richard T. Arnason<br />
Courthouse (pictured below) with its addi-<br />
8 October 2009
tional desperately needed courtrooms.<br />
They are grateful to have the help of our<br />
experienced and good-natured adopted<br />
visiting judge, Greg Caskey.<br />
The Richmond Superior Courthouse,<br />
recently renamed in honor of Judge<br />
George D. Carroll, is supervised by Judge<br />
Laurel Brady and is home to Judges Peter<br />
Berger, Clare Maier and Trevor White,<br />
and Commissioner Robert Broughton. As<br />
a result of the economic recession, the<br />
Richmond Court has been swamped with<br />
a wave of unlawful detainer cases. The<br />
Richmond judges and commissioner are<br />
working hard to stay on top of their<br />
criminal caseload while addressing the<br />
steep increase in unlawful detainer cases,<br />
which carry their own strict timing<br />
requirements, and their share of juvenile<br />
and limited civil cases.<br />
In Walnut Creek, Judge William Kolin<br />
remains our Supervising Judge, with<br />
Judge Harlan Grossman, our newest<br />
judge, <strong>Bar</strong>bara Hinton, and Commissioner<br />
Joel Golub handling a steady caseload of<br />
civil and criminal matters. As Judge Kolin<br />
notes in his article on the Walnut Creek<br />
Court, they are on a pace to match the<br />
100 jury trials they held last year.<br />
The District Attorney’s Office filed<br />
3,870 felony cases in fiscal year 2008-09,<br />
down from 4,528 the prior fiscal year. The<br />
misdemeanor filings, however, have<br />
increased from 10,439 last fiscal year to<br />
11,300 in the fiscal year ended June 30,<br />
2009. As noted, our felony trials have<br />
increased marginally this year over 2008,<br />
while our misdemeanor trials overall are<br />
down slightly from last year.<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Superior<br />
Court is blessed by an atmosphere of<br />
collegiality and teamwork. Our civil<br />
judges have taken on quite a few criminal<br />
trials when the Criminal Departments are<br />
filled and time-sensitive cases must get<br />
out to trial. This team effort has enabled<br />
us to handle the steady load of felony and<br />
misdemeanor cases despite dwindling<br />
resources. Our courts will be further<br />
impacted by legislatively-mandated court<br />
closures one day per month, but we will<br />
no doubt get through yet another crunch<br />
by working harder and more efficiently. u<br />
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Elder Law is<br />
Alzheimer’s<br />
Planning<br />
The average survival rate is eight years after being<br />
diagnosed with Alzheimer’s — some live as few as<br />
three years after diagnosis, while others live as long<br />
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the disease itself, but from pneumonia, a urinary<br />
tract infection or complications from a fall.<br />
Until there’s a cure, people with the disease will<br />
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Alzheimer’s <strong>Association</strong>, approximately one in ten<br />
families has a relative with this disease. Of the<br />
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often receiving care from family members.<br />
If the diagnosis is Alzheimer’s,<br />
call elder law attorney<br />
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1931 San Miguel Drive, Suite 220<br />
Walnut Creek, California 94596<br />
Family Law<br />
Hon. <strong>Bar</strong>ry P. Goode<br />
Supervising Judge<br />
The new theme for the<br />
Family Law Division is<br />
“doing more with less.”<br />
To some extent, we can work<br />
that magic. To some extent we cannot.<br />
When the state budget was being<br />
discussed in Sacramento, we all read about<br />
the impacts it might have in various areas.<br />
Now that it has been adopted, we can see<br />
how it has affected families with cases in<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. We see it every day.<br />
The problem has at least two dimensions.<br />
First, the recession has created more<br />
work for the Family Law Division. Second,<br />
the budget cuts mean that we are unable<br />
to hire people to meet that growing<br />
workload. Worse, when existing staff<br />
leaves, we cannot always replace them.<br />
The recession has clearly made more<br />
work. As people lose jobs, the number of<br />
motions to modify child and spousal support<br />
grows. So too does the number of motions<br />
concerning a house about to be foreclosed,<br />
health or car insurance bills going unpaid,<br />
or court-ordered payments that are not<br />
being made. This has increased the demand<br />
for time on our short cause calendars.<br />
A related phenomenon is that the<br />
number of people who come to court<br />
without an attorney has increased. We have<br />
found ourselves with more crowded<br />
“double pro per” calendars. For example,<br />
the number of people who came to our<br />
help desk increased by almost 6% from<br />
2008 to 2009. (The 2009 numbers are<br />
projections from year-to-date statistics.)<br />
While that may not sound like a large<br />
increase, it represents another 1100 unrepresented<br />
people helped during the course<br />
of the year. Similarly, the number of<br />
“double pro per” hearings covered by our<br />
family law facilitators increased by 13%<br />
from last year to this. That is an additional<br />
350 families helped — a significant increase<br />
to an already burdened calendar.<br />
One number has decreased: fewer<br />
people have been to mediation this year.<br />
But that is not because of a reduced need.<br />
Rather it reflects the loss of staff mentioned<br />
10 October 2009
above. Unfortunately, this is a harbinger<br />
of things to come. The budget cuts make<br />
it difficult to hire staff. So when one of our<br />
mediators retired earlier this year, we were<br />
simply unable to replace her. When another<br />
went out on leave, we could not backfill<br />
the position temporarily. With fewer<br />
mediators, we have fewer time slots per<br />
week in which to see families in need. Our<br />
managers have pitched in valiantly to make<br />
up some of those lost mediation slots. But<br />
that cannot change the simple reality: the<br />
budget cuts have reduced our mediation<br />
slots. We do not have enough.<br />
What does that mean for a family in<br />
crisis? Since mediation is a prerequisite to<br />
a judicial determination on custody and<br />
visitation, parents who are arguing over<br />
their children may have to wait two<br />
months or more before they can have their<br />
case decided. That is a long time to remain<br />
uncertain about something that important.<br />
The problem will be the same in other<br />
areas of Family Law. The lines in the<br />
Spinetta Family Law Center are growing.<br />
It is not uncommon to see people waiting<br />
30 minutes to an hour to get to the head<br />
of the line to file a pleading. Similarly, it<br />
will take longer to have an uncontested<br />
judgment processed and returned.<br />
No one likes this — least of all the<br />
dedicated staff, managers and bench<br />
officers who work so hard to serve the<br />
public as effectively as possible. We are<br />
committed to making every change we<br />
can to minimize the adverse impacts. For<br />
example, as the time to get a hearing date<br />
increases, we see a concomitant increase<br />
in the number of ex parte applications<br />
seeking interim relief, an order shortening<br />
time or both. We have recently started an<br />
online inventory of ex parte applications,<br />
so a litigant can use the web to discover<br />
whether his or her application is processed<br />
and ready for pick-up. That saves the time<br />
and trouble of all those phone calls that<br />
keep our staff from doing other work.<br />
We are working on other ideas that we<br />
hope will ease the burden, and welcome your<br />
suggestions. We also need your cooperation<br />
in letting the court know — promptly — when<br />
a matter settles so a mediation or hearing<br />
slot can be freed up for someone else. u<br />
Julie Schumer<br />
Certified Appellate Specialist<br />
Certified by the State <strong>Bar</strong> of California Board of Legal Specialization<br />
Motions, Appeals & Writs<br />
30 years experience<br />
925.254.3650<br />
juliesch@ix.netcom.com • www.bayareaappellatelawyer.com<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 11
In the meantime, we will continue to<br />
rely on the help of those members of the<br />
bar who so generously offer their time to<br />
serve as settlement mediators for unrepresented<br />
parties, as minors’ counsel, as<br />
workshop volunteers, and in so many<br />
other capacities.<br />
We are fortunate that both the bar and<br />
the staff of the Family Law Division are<br />
committed to helping us get through this<br />
budget crisis (as) unscathed (as possible).<br />
It is a privilege to work with you all.<br />
Juvenile<br />
by Hon. Lois Haight<br />
Supervising Judge<br />
We have seen changes in juvenile<br />
since last year, mostly due to<br />
budgetary issues. There have<br />
been fewer filings in both delinquency<br />
and dependency cases, with dependency<br />
having a significant drop in the number of<br />
petitions filed from pre vious years. Children<br />
and Family Services, unfortunately, lost a<br />
large number of social workers and also cut<br />
some services pre viously offered to families<br />
and children.<br />
The new dependency project is working<br />
well, staffed with excellent attorneys<br />
from our county who work hard to protect<br />
children and help reunite families when<br />
possible and appropriate.<br />
As a result of fewer filings, we may<br />
lose one judicial bench officer for juvenile<br />
court. However, we will maintain a full<br />
time bench officer in West <strong>County</strong>, and<br />
also one in the new juvenile court opening<br />
in Pittsburg (East <strong>County</strong>). Further, there<br />
will be one judge remaining in Juvenile<br />
Hall Court and two in Martinez.<br />
Probation also has had budgetary cuts<br />
but has been able, thus far, to keep our<br />
very valuable program of “Probation<br />
Officers in High Schools.” Also, our Boys<br />
Ranch, The OAYRF, is maintaining its<br />
excellence with additional therapeutic and<br />
vocational programs.<br />
The budget crisis has further affected<br />
our outstanding CASA Program with the<br />
loss of funding for important issues, i.e.,<br />
training new volunteers. This is particularly<br />
tragic because these volunteers do<br />
such important work with our needy<br />
dependent children.<br />
I recently had the privilege to perform<br />
a wedding for one of our former dependent/foster<br />
children, and one of her<br />
bridesmaids was her former CASA. It was<br />
wonderful listening to the wedding toasts<br />
voicing how important the CASA was to<br />
the young bride’s development.<br />
I don’t know how many more budget<br />
issues will develop in the future and impact<br />
people, resources and programs in the<br />
juvenile arena. However, I do know we are<br />
fortunate to have a juvenile bench and staff,<br />
juvenile attorneys, probation counselors,<br />
probation officers, social workers, therapists<br />
and doctors who care so much for the youth<br />
and families in our county and continue to<br />
work tirelessly on their behalf.<br />
Richmond Court<br />
by Hon. Laurel S. Brady<br />
Supervising Judge<br />
The Richmond Branch<br />
currently is staffed with<br />
four judges and one<br />
commissioner. There is<br />
an additional judge as well who is<br />
pri marily assigned to the Juvenile Division,<br />
but assists us with the unlawful<br />
detainer calendar and some criminal<br />
matters. Our current bench officers here<br />
in Richmond are: Judge Laurel Brady,<br />
supervising; Judge Peter Berger; Judge<br />
Trevor White; Judge Clare Maier; Judge<br />
Penny Scanlon (Juvenile); and Commissioner<br />
Robert Broughton. The branch<br />
handles criminal cases five days a week:<br />
misdemeanor jury trials on Mondays and<br />
Wednesdays; misdemeanor motions on<br />
Tuesdays and Fridays; and felony preliminary<br />
hearings every day of the week. The<br />
unlawful detainer and domestic violence<br />
restraining order calendars are on Monday<br />
mornings.<br />
The Richmond courthouse was recently<br />
renamed in honor of Judge George D.<br />
Carroll, who served here from 1965-1985.<br />
Prior to taking the bench, Judge Carroll<br />
served as Mayor of the City of Richmond.<br />
The formal re-naming ceremony is scheduled<br />
for Friday, October 16.<br />
Walnut Creek Court<br />
Hon. William M. Kolin<br />
Supervising Judge<br />
The Walnut Creek branch<br />
court of the <strong>Contra</strong> <strong>Costa</strong><br />
Superior Court has three<br />
assigned judges: Judges<br />
Kolin, Grossman and Hinton. Commissioner<br />
Joel Golub is also assigned to the<br />
court for traffic, small claims and other<br />
matters.<br />
Our court is responsible for all misdemeanor<br />
cases filed in both the Walnut<br />
Creek-Danville Judicial District as well<br />
as the Mt. Diablo Judicial District. We<br />
do felony out-of-custody arraignments on<br />
all misdemeanors and felonies arising from<br />
cases originating within those two judicial<br />
districts.<br />
We are primarily a trial court and have<br />
four jury trial settings each week. In 2008,<br />
we handled 100 jury trials, and we are on<br />
a pace to equal that number in 2009. We<br />
do both in-custody and out-of-custody<br />
misdemeanor jury trials, and handle outof-custody<br />
preliminary examinations on<br />
felony matters in our court. u<br />
— WANTED —<br />
Your Suggestions!<br />
Is there a theme for the <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> that you’ve always thought would make a great issue?<br />
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 13
Statewide Court Closures<br />
by Hon. Mary Ann O’Malley<br />
Presiding Judge<br />
Formation of the Concept<br />
Over the past several months, the Judicial<br />
Branch has discussed the merits of the<br />
proposed closure of the courts. The state’s<br />
Judicial Council received public comment<br />
from several representatives of employee<br />
groups and sheriffs’ departments who<br />
expressed their concerns about the possible<br />
effects that court closures may have<br />
on court staff and deputies working in the<br />
courts, as well as on services to the public.<br />
After exhausting all possible alternatives,<br />
the Judicial Council presented<br />
proposed legislation to close the superior<br />
courts, Courts of Appeal, Supreme Court,<br />
and the Administrative Office of the<br />
Courts (AOC) for one day per month<br />
beginning in September. This approach<br />
was taken to allow the Judicial Branch to<br />
make the necessary reductions and achieve<br />
our shared longer-term goals of protecting<br />
court employees and preserving equal<br />
access to justice statewide.<br />
The council’s decision to designate the<br />
third Wednesday of each of the remaining<br />
10 months of this fiscal year as the court<br />
closure days for all courts may result in a<br />
savings of more than $94 million, enabling<br />
the branch to absorb a large portion of the<br />
$190 million current-year budget reduction<br />
in a uniform and orderly manner.<br />
Legislative Approval<br />
for Council Authority<br />
In April, at the direction of the Judicial<br />
Council, AOC staff began to work on<br />
legislation (eventually SBX4 13) that<br />
authorized the council to close the superior<br />
courts, Courts of Appeal, Supreme<br />
Court, and AOC one day per month.<br />
These provisions declare the closure day<br />
a holiday for the transaction of judicial<br />
business, thereby extending filing deadlines<br />
and the time for holding hearings<br />
to the same extent as on any Saturday,<br />
Sunday, or other holiday. These provisions<br />
also authorize judges and justices to waive<br />
a portion of their salaries to contribute to<br />
the savings created by the closure. The<br />
unique circumstances of our fiscal crisis are<br />
reflected in the findings and declarations<br />
set forth in Government Code §68106:<br />
The Legislature finds and declares that the<br />
current fiscal crisis, one of the most serious and<br />
dire ever to affect the state, threatens the continued<br />
operations of the judicial branch. The<br />
situation requires a unique response to effectively<br />
use judicial branch resources while protecting<br />
the public by ensuring that courts remain open<br />
and accessible and that the core functions of the<br />
judicial branch are maintained to the greatest<br />
extent possible.<br />
Local Impact<br />
We are acutely aware of the challenges<br />
this closure presents to judges, court<br />
administrators and staff, attorneys, and<br />
the public. Our court has already begun<br />
adjusting calendars to accommodate the<br />
third Wednesday closure dates, which<br />
began on September 16.<br />
The court’s strategy to address the<br />
permanent budget reductions is to permanently<br />
reduce operating costs and<br />
implement authorized fee increases. At<br />
this time, the court is planning to have<br />
staff work behind closed doors on the<br />
court closure days to address the backlogs<br />
in clerical processing due to the high<br />
level of staff vacancies. Notices of the<br />
court closure dates have been posted to<br />
the court’s website, at all building<br />
entrances and in notices sent to parties<br />
when matters are rescheduled to noncourt<br />
closure days.<br />
Following are key questions and answers<br />
related to court closures:<br />
Was legislation needed for the Judicial Council<br />
to authorize statewide court closure days?<br />
Yes, legislation was needed for the Judicial<br />
Council to authorize court closure days<br />
not currently specified in CCP 135. The<br />
court closure days for FY 2009-10 will<br />
be on the third Wednesday of the month<br />
as noted below:<br />
In keeping with the long tradition of leadership in judicial activities and the creation of innovative<br />
programs, our court has come up with yet another: Starting in January 2010, a group of experienced<br />
civil law judges will conduct settlement conferences at the bar association offices.<br />
Judge <strong>Bar</strong>ry Baskin, who is leading this effort, said he was grateful to the bar for making its facilities<br />
available to the court. “Our bar also has a rich tradition of generosity, volunteering and assisting the<br />
court in its mediation efforts. The court staff and judges have been asked to take pay cuts, and most<br />
of our judges are still working on public holidays to avoid a backlog of cases. If there is sufficient<br />
interest and support, we may expand the program to family law.”<br />
September 16, 2009<br />
October 21, 2009<br />
November 18, 2009<br />
December 16, 2009<br />
January 20, 2010<br />
February 17, 2010<br />
March 17, 2010<br />
April 21, 2010<br />
May 19, 2010<br />
June 16, 2010<br />
14 October 2009
Would courts need to provide any services on<br />
court closure days?<br />
Yes, the courts need to continue to carry<br />
out the same after-hours magistrate duties<br />
currently provided on non-court days<br />
— review of probable cause declarations,<br />
emergency protective order applications,<br />
search warrants, etc.<br />
Does the court closure legislation extend statutory<br />
deadlines for filing court documents or<br />
holding court hearings?<br />
Yes, the legislation treats court closure<br />
days as holidays for purposes of performing<br />
any act requiring the transaction of<br />
judicial business, including holding court<br />
hearings or computing the time to file<br />
court documents. The Clerk’s Office cannot<br />
file stamp any documents with the<br />
court closure dates as these are considered<br />
non-court days.<br />
When will the court closure days end?<br />
The legislation vests authority with the<br />
Judicial Council to authorize up to one<br />
court closure day per month through June<br />
30, 2010. New legislation would need to<br />
be enacted to extend the court closure<br />
days beyond that date.<br />
Ongoing Assessment<br />
Because statewide closure is an unprecedented<br />
measure for the courts, the AOC<br />
is monitoring the extent of disruption to<br />
court users, justice partners, and court<br />
operations as well as actual monetary<br />
savings. A report on the effects of the<br />
closures will be made to the council at its<br />
January meeting along with projections<br />
for the next fiscal year. The council may<br />
then consider whether to continue or<br />
reduce the number of monthly closures<br />
for the remainder of the fiscal year.<br />
Branch leadership is now reviewing<br />
options and proposals to take to the<br />
executive and legislative branches this fall<br />
to seek the necessary funding and permanent<br />
solutions to protect the courts and<br />
preserve access to justice for all Californians.<br />
Our view is that one-day-per-month closures<br />
are a temporary emergency measure and<br />
should not be viewed as a permanent<br />
solution to the fiscal crisis. u<br />
The Law Offices of David M. Lederman<br />
David M. Lederman<br />
Certified Family Law Specialist<br />
State <strong>Bar</strong> Board of Legal Specialization<br />
Tom Smith<br />
Associate Attorney<br />
Practicing exclusively in all aspects of Family Law<br />
in Walnut Creek and Antioch<br />
3432 Hillcrest Avenue • Suite 100 • Antioch, California 94531<br />
309 Lennon Lane • Suite 102 • Walnut Creek, California 94598<br />
Phone 925.522-8889 • Fax 925.522-8877<br />
www.ledermanlaw.net<br />
and Mediation Center<br />
Conservatorships<br />
Medi-Cal Planning / Eligibility<br />
Please note<br />
new Address!<br />
Estate Planning<br />
Elder Law<br />
Ron Mullin<br />
Willows Office Park p 1355 Willow Way, Suite 110<br />
Concord, California 94520<br />
Telephone (925) 798-3413 p Facsimile (925) 798-3118<br />
Email ronald@mullinlaw.com<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 15
Concurrent Morning Seminars<br />
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2009 M<br />
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1 hour Elimination<br />
of Bias & 1 hour<br />
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The Revolution in No Contest Clauses<br />
co-sponsored by CCCBA & its C/G/P/T Section<br />
Speakers:<br />
Andrew Zabronsky Esq., Evans Latham & Campisi<br />
Neil F. Horton Esq., Horton & Roberts LLP<br />
Substance Abuse in the Legal Workplace<br />
co-sponsored by CCCBA & its Employment Section<br />
Speakers:<br />
Gary Gwilliam Esq., Gwilliam, Ivary, Chiosso, Cavalli, & Brewer<br />
Douglas J. Farmer Esq., Ogletree Deakins, PC<br />
David A. Depolo Esq., Moderator Donnelly Nelson Depolo & Murray<br />
Protecting Your License: The State <strong>Bar</strong>’s Top 10 List of<br />
Current Ethics Developments and Disciplinary Trends<br />
Sponsored by CCCBA<br />
Speakers:<br />
Carol Langford Esq., Bob Hawley Esq., State <strong>Bar</strong> of California<br />
Running a Law Firm: Tips and Tricks for Solos and Small Firms<br />
co-sponsored by CCCBA & its Solo Section<br />
Speakers:<br />
David S. Pearson Esq., Law Offices of David S. Pearson<br />
Dorianne Romero Plihon Esq., Romero Plihon Law Offices, P.C.<br />
William A. Hickey Esq., Law Offices of William A. Hickey<br />
Is Everyone a Narcissist ... or Just Borderline?<br />
co-sponsored by CCCBA & its Family Law Section<br />
Speaker:<br />
Randy Kolin Psy.D., Certified Forensic Psychologist & Custody Evaluator<br />
A Forum to Explore the Cross Currents and Impact of<br />
Cultural Diversity in Mediation and Advocacy<br />
co-sponsored by CCCBA & its ADR Section<br />
Speakers:<br />
Claudia Viera Esq., Mediation Law Offices of Claudia Viera<br />
Clark Freshman Professor of Law, Director of Training, Paul Ekman Group<br />
Yolanda Jackson Diversity Director, San Francisco <strong>Bar</strong> <strong>Association</strong><br />
Malcolm Sher Esq., Sher & Minnard, Jessica Notini Esq., Notini Mediation Services<br />
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1:45 – 3:45 pm • Registration 8:00 am – 1:45 pm<br />
Conflicts of Interest, Avoiding 3D<br />
(Disqualification, Disgorgement, Discipline)<br />
co-sponsored by CCCBA & its Litigation Section<br />
Speakers:<br />
Paul W. Vapnek Esq. Townsend and Townsend and Crew<br />
Kathleen M. Ewins Esq. and Joseph P. McMonigle Esq., Long & Levit LLP<br />
De-Risking the Small Firm Law Practice: Risk Management & Insurance<br />
co-sponsored by CCCBA, its Solo Section & Marsh Global Consumer<br />
Speakers:<br />
Paul Dorroh Sr. Vice President, Marsh Global Consumer<br />
Seabury & Smith Insurance Program Management<br />
Clash of the Titans: Bankruptcy’s Affect and Impact on ADR<br />
co-sponsored by CCCBA & its Commercial Law & Bankruptcy Section<br />
Speakers:<br />
David Katzen Esq. Katzen & Schuricht, Lester Levy Esq., JAMS<br />
Hon. Lisa Fenning Ret., Former Bankruptcy Court Judge, Linda DeBene Esq. JAMS<br />
Hon. Terence Bruiniers Associate Justice, First District Court of Appeal<br />
From Capacity to Confabulation:<br />
Elder Law Considerations in Mediation and Litigation<br />
co-sponsored by CCCBA & its Elder Law Section<br />
Speakers:<br />
Hon. Mary Ann O’Malley, Hon. Joyce Cram, Hon. Norman Spellberg Ret.<br />
Jerome Fishkin Esq., Vivian Clayton PhD, Ronald K. Mullin Esq.<br />
The Effective Appeal: Putting Punch in Your Briefs & Oral Arguments<br />
co-sponsored by CCCBA & its Appellate Section<br />
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Justice Mark Simons, First District Court of Appeal<br />
Justice William Stein Ret., First District Court of Appeal<br />
Professor Myron Moskovitz Esq., Golden Gate University Law School<br />
Kevin Brodehl Esq., Morgan Miller Blair<br />
The Intersection of Work/Life Fit and Law Sustainability<br />
co-sponsored by CCCBA & its Women’s Section<br />
Speaker:<br />
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SEMINAR #7<br />
2 hours Ethics MCLE credit<br />
SEMINAR #8<br />
2 hours MCLE Credit<br />
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2 hours MCLE credit<br />
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1 hour Ethics & 1 hour<br />
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2 hours General MCLE<br />
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1 hour Elimination of<br />
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State Budget Impact on the Court<br />
by Kiri Torre<br />
Court Executive Officer<br />
The judicial branch is facing a<br />
substantial $414.6 million reduction for<br />
FY 2009–10 ($393.3 million for trial<br />
courts and a combined $21.3 million for<br />
the Supreme Court, Courts of Appeal,<br />
Administrative Office of the Courts [AOC],<br />
and the Habeas Corpus Resource Center).<br />
In addition, our court system faces unfunded<br />
cost increases and ongoing unfunded costs<br />
in programs and operational areas. To assist<br />
in easing the burden on local trial courts,<br />
the Judicial Council allocated $165.3<br />
million in one-time special fund monies<br />
and $46.7 million in projected new fee<br />
revenues to offset the reductions, new<br />
unfunded cost increases, and structural<br />
deficits.<br />
Revenues to Offset<br />
Budget Reductions<br />
• $133 million from state-level funds<br />
previously designated for courthouse<br />
construction and deployment of the California<br />
Case Management System (CCMS)<br />
(our new courthouse under construction<br />
in Pittsburg will not be impacted). Our<br />
participation in the CCMS will be delayed<br />
from 2012 to possibly 2014.<br />
• $15 million in new court fee revenues:<br />
We saw Court Reporter and Post Judgment<br />
fees increase in August.<br />
Funding to Address Program<br />
and Operational Costs<br />
• Court Security — $47.2 million in<br />
new fee and other redirected revenues<br />
to address new costs and unfunded on -<br />
going costs in this program: Our Sheriff’s<br />
office directly benefits by having what<br />
was going to be devastating cuts reduced<br />
to a more manageable level. The muchneeded<br />
perimeter security screening<br />
and bailiffs in courtrooms will remain<br />
in place.<br />
• Miscellaneous Program and Operating<br />
Costs — $18.2 million in one-time funds<br />
for unfunded costs associated with Court<br />
Employee Retirement, Court Interpreters,<br />
Court-Appointed Dependency Counsel,<br />
and Operational Costs for New Court<br />
Facilities.<br />
Unallocated Reductions<br />
• The redirection of statewide special<br />
funds and new fee revenues to partially<br />
offset the $393.3 million in reductions<br />
to trial court funding approved by the<br />
Legislature left a remaining $190.1 million<br />
permanent reduction allocated to the trial<br />
courts in FY 2009–10 (increasing to<br />
$225.13 million in FY 2010–11).<br />
The $190.1 million reduction includes<br />
a continuation of the $92.2 million reduction<br />
that the Legislature approved for the<br />
courts in FY 2008–09. Also, the Legislature<br />
directed that $71 million of the<br />
reduction in FY 2009–10 be taken by<br />
courts directly from their one-time fund<br />
balances. Taking these factors into<br />
account, as well as projected one-time<br />
cost reductions that can be achieved from<br />
court closures in FY 2009–10, the net<br />
impact of the reductions in the current<br />
fiscal year on court operating budgets is<br />
reduced. These one-time solutions are<br />
only stopgap measures. The court must<br />
make permanent reductions to its program<br />
and operating costs during the current<br />
fiscal year in order to remain solvent.<br />
Court Security Shortfall<br />
• In response to an estimated funding<br />
shortfall for court security of more than<br />
$57 million, the council was able to get<br />
legislative approval for a $10 security fee<br />
increase. The Judicial Council allocated<br />
those new funds to offset a substantial<br />
portion of the shortfall and other one-time<br />
funds to make up for the late implementation<br />
of the fees resulting from the delayed<br />
state budget. As such, the remaining<br />
shortfall of $10.26 million was allocated<br />
to each trial court, based on each court’s<br />
share of total statewide security funding.<br />
The language of the court closure statute regarding<br />
court security provides for a one-time 4.62<br />
percent budget reduction — the equivalent of<br />
12 court closure days.<br />
Court-Appointed Dependency Counsel<br />
• Approved the allocation of $9.28<br />
million from statewide special funds in<br />
FY 2009–10, on a one-time basis, to maintain<br />
the FY 2008-09 level of funding<br />
for the Court-Appointed Dependency<br />
Counsel program.<br />
Court Interpreter Program<br />
• Authorized the allocation of one-time<br />
savings from the statewide special funds<br />
to address an anticipated shortfall in the<br />
Court Interpreter Program for FY 2008–<br />
09, estimated to be less than $1 million.<br />
Other Miscellaneous Costs<br />
• Approved the use of $19.6 million in<br />
one-time funds to address $7.62 million<br />
retirement cost increases, $645,000 in<br />
new facility costs, and $11.3 million to<br />
cover the current year shortfall of anticipated<br />
new fee revenues<br />
It is critical to note that while these<br />
solutions provide a safety net for courts<br />
this fiscal year, these are largely one time<br />
in nature and will not be available in the<br />
year ahead as the state expends nearly all<br />
available resources to mitigate the impact<br />
of the reductions on court services.<br />
Local Impact of Budget Reductions<br />
Following is a recap of the permanent<br />
budget reductions facing our court in FY<br />
2009–10, which is 12% of our $68 million<br />
budget: u<br />
18 October 2009
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MEC 2718 <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> Mag 4.6875x4.5625_v5.indd 1<br />
8/15/08 3:22:36 PM<br />
COST-EFFECTIVE DISPUTE RESOLUTION<br />
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CPA, ABV, CVA, CFE, CFF<br />
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Richard<br />
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(Ret.)<br />
Hon.<br />
Stephen<br />
Foland, Comm.<br />
(Ret.)<br />
Hon.<br />
Richard<br />
Hodge<br />
(Ret.)<br />
Hon.<br />
Joanne<br />
Parrilli<br />
(Ret.)<br />
Hon.<br />
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(Ret.)<br />
Leslie O. Dawson<br />
CPA, ABV, CVA, CFF<br />
Specializing in<br />
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(Ret.)<br />
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(Ret.)<br />
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James<br />
Trembath<br />
(Ret.)<br />
Michael<br />
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 19
FY 2009–10<br />
Permanent Budget Reductions<br />
Gratefully acknowledges our<br />
2009 Sustaining Law Firms<br />
Firms with 30+ attorneys<br />
Archer • Norris<br />
McNamara, Dodge, Ney, Beatty, Slattery, Pfalzer, Borges & Brothers, LLP<br />
Miller Starr Regalia<br />
Firms with 20-29 attorneys<br />
Bowles & Verna, LLP<br />
Morgan Miller Blair<br />
Firms with 15-19 attorneys<br />
Bingham McCutchen, LLP<br />
Gagen, McCoy, McMahon, Koss, Markowitz & Raines<br />
Greenan, Peffer, Sallander & Lally, LLP<br />
Firms with 5-14 attorneys<br />
Bramson, Plutzik, Mahler & Birkhaeuser, LLP<br />
Carroll, Burdick & McDonough, LLP<br />
Casper, Meadows, Schwartz & Cook<br />
Cooper, White & Cooper, LLP<br />
Craddick, Candland & Conti<br />
Edrington, Schirmer & Murphy<br />
Frankel & Goldware, LLP<br />
Galloway, Lucchese, Everson & Picchi<br />
Gillin, Jacobson, Ellis & Larsen<br />
Guichard, Teng & Portello APC<br />
Littler Mendelson, PC<br />
Morison Ansa Holden Assuncao & Prough, LLP<br />
Morrison & Foerster, LLP<br />
Shapiro, Buchman & Provine, LLP<br />
Vasquez Benisek & Lindgren LLP<br />
Whiting, Fallon, Ross & Abel, LLP<br />
Youngman, Ericsson & Low, LLP<br />
100% Loss of Conservatorship<br />
Funding Shortfall $ 715,000<br />
Loss of Growth Funding<br />
for Court Operations<br />
FY 2008-09 & 2009-10 $1,800,000<br />
Additional State Funding<br />
Reduction FY 2009-10 $4,344,000<br />
Sheriff’s Court Security<br />
Reduction FY 2009-10 $ 746,000<br />
Total Permanent<br />
Funding Reductions $7,605,000<br />
Actions taken to date to reduce expenditures<br />
include the following: Released all<br />
temporary employees; Laid off Assistant<br />
Executive Officer; Eliminated scheduled<br />
salary increases for management and<br />
unrepresented staff; Eliminated all vacant<br />
positions; Consolidated various contracts;<br />
Merged operations to eliminate leased<br />
facility costs; Administratively restructured<br />
to gain efficiencies and reduce costs;<br />
and Increased fees as allowed by statute.<br />
Outlook for FY 2010–11<br />
and Future Years<br />
As difficult as our budget situation is this<br />
fiscal year, many of the one-time solutions<br />
available to us now will not be available<br />
to us for FY 2011–12. Through the combination<br />
of savings allocations and<br />
increased revenues, the judicial branch<br />
has managed to reduce an unprecedented<br />
$414 million budget reduction to a level<br />
that preserves access to the state courts<br />
and protects those most affected by program<br />
reductions in other areas of state<br />
government.<br />
We must begin immediately to prepare<br />
for the next year to avoid even more severe<br />
impacts on court services. Branch leadership<br />
is currently reviewing options and<br />
proposals to take to the executive and<br />
legislative branches this fall in an effort to<br />
seek the necessary funding and permanent<br />
solutions to protect the courts and preserve<br />
access to justice for all Californians. u<br />
20 October 2009
Question man<br />
In light of the $7.6 million deficit<br />
cut from the state, what suggestions<br />
do you have for the court?<br />
Have the option of 24-hour online<br />
filing and improving the website to<br />
the caliber of Alameda <strong>County</strong>. Make<br />
all notices sendable via email to attorneys<br />
of record including pro pers. For<br />
attorneys, make filing and service via<br />
internet mandatory.<br />
Greg Harper<br />
Law Offices of Gregory Harper<br />
Encourage mediation in as many<br />
ways as possible, including if<br />
necessary, multiple mediations.<br />
The results would be good for<br />
the court and the best possible<br />
solution for all of the parties,<br />
saving them time, money and an uncertain<br />
outcome.<br />
Kenneth P. Strongman<br />
Mediation Office of Kenneth Strongman<br />
1. Instead of banning coffee, put<br />
a Peet’s in the Family Law Center.<br />
Selling addictive products should<br />
be profitable. 2. Charge the proper<br />
litigants for the cost of the<br />
facilitator. 3. Move the furlough<br />
days to Friday (even DMV had that much<br />
sense) and increase the number. If one is<br />
not being paid a long weekend, it is the<br />
least one should get in exchange. 4. Increase<br />
filing fees on the old joke that divorce costs<br />
so much because it’s worth it. 5. Perhaps<br />
there should be sliding scale fee waivers.<br />
Pieter Williams<br />
Law Offices of Pieter K. Williams<br />
Charge $250 per side for every court settlement<br />
conference, and settle the cases in the<br />
conferences so they do not tax the system.<br />
Andrew W. Shalaby<br />
Shalaby Law Office<br />
The court should consider imposing a<br />
very small surcharge (something on the<br />
order of one-half of one percent) on the<br />
monetary verdicts at the end of civil<br />
lawsuits. We often complain that our<br />
courtrooms are bogged down by the sheer<br />
volume of civil lawsuits, and this would<br />
be a way for the court to recapture some<br />
of the time and resources that<br />
are spent managing the heavy<br />
caseload. This might also<br />
encourage more litigants to<br />
seek alternative means of<br />
dispute resolution.<br />
Gary Sparks<br />
The Law Offices of Gary D. Sparks<br />
A note from the court: The court sincerely<br />
appreciates your feedback. However, some of<br />
these ideas require legislation or money, neither<br />
of which is currently available to the court.<br />
conference rooms for rent<br />
Standard conference room<br />
Large conference table seats 10-12 comfortably.<br />
Small adjacent waiting area with exit: $150 – all day<br />
(over five hours) / $75 – half day (under five hours)<br />
Full mobile room (16 x 23½ feet)<br />
2 x 6-foot tables may be set up in various configurations.<br />
Capacity – 20 classroom or conference style,<br />
30 theater-style: $200 – all day / $100 – half day<br />
Subdivided mobile room (16 x 11 feet)<br />
Capacity – seats 10 conference style:<br />
$75 – all day / $40 – half day<br />
Package deal – both rooms (standard and mobile):<br />
$250 – all day / $150 – half day<br />
Hourly rate<br />
$20<br />
Parking<br />
Four- and ten-hour parking available south of the building<br />
on Ward, Estudillo and Green Streets<br />
For more information . . .<br />
Please contact Manny Gutierrez at (925) 370-2549<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 21
Probable Cause Declaration System<br />
by Hon. Mary Ann O’Malley<br />
Presiding Judge<br />
The <strong>Contra</strong> COSTA <strong>County</strong><br />
Superior Court was among eight<br />
recipients selected by the state’s Judicial<br />
Council to receive the 2008-2009 Ralph<br />
Kleps Award for our <strong>County</strong>’s Online<br />
Probable Cause computer application. The<br />
Kleps Award recognizes and celebrates<br />
the valuable innovations developed by<br />
courts around the state that are innovative,<br />
are transferable to other courts, and have<br />
demonstrated results.<br />
Constitutional mandates require a<br />
magistrate to make an independent review<br />
of the basis for the arrest and detention,<br />
and determine if probable cause exists<br />
within 48 hours of arrest. As part of their<br />
after-court responsibilities, judges respond<br />
to probable cause declarations by police<br />
officers. When assigned to probable cause<br />
duty, they are required to perform these<br />
additional nighttime or weekend judicial<br />
duties.<br />
This online computer application<br />
allows a judge on magistrate duty the<br />
ability to approve or deny probable cause<br />
declarations in real time from any internet<br />
connection. It significantly improves<br />
communication with arresting officers,<br />
expedites probable cause responses, and<br />
improves the processing of judicial workload.<br />
The computerized declarations from<br />
officers are immediately placed in a<br />
single countywide queue, by date and time<br />
of arrest, for judicial review. Information<br />
is legible, and requests for additional<br />
information are transmitted electronically<br />
to the officer and agency. The officer and<br />
jail are notified in real time to detain or<br />
release the suspect. Judicial workload for<br />
probable cause review has decreased by<br />
approximately 80%, and saved six hours<br />
per shift for the sheriff.<br />
Previously, handwritten declarations<br />
were faxed to the court for the judge. Jail<br />
supervisors often called judges at home<br />
to determine the status before time<br />
expired. A usual week of probable cause<br />
duty, under the old system, meant that<br />
20% of the after-hours time was spent<br />
reviewing the declaration, and 80%<br />
performing clerical functions, such as<br />
faxing, organizing, stapling, and matching<br />
documents.<br />
The sheriff, who worked jointly with<br />
local justice partners to make this program<br />
a reality, approached the court<br />
with the concept. Ongoing funding to<br />
provide support, maintenance and hardware/software<br />
upgrades is provided by<br />
the Automated Regional Information<br />
Exchange System (ARIES) coalition in<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. The ARIES coalition<br />
is comprised of representatives from<br />
regional justice partners and every law<br />
enforcement agency in <strong>Contra</strong> <strong>Costa</strong>,<br />
including the court, sheriff, district<br />
attorney, public defender, probation, and<br />
<strong>County</strong> Revenue Collection, plus the<br />
Solano <strong>County</strong> Sheriff, City of Livermore,<br />
and the FBI. ARIES retained Hunter<br />
Research as our development and programming<br />
partner.<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> provided initial<br />
grant funding for the program to facilitate<br />
data sharing, integration and public safety,<br />
supplemented by court funds (less than<br />
$20,000), and funding from police agencies.<br />
The total cost of the initial program<br />
was $87,000.<br />
The program became operational on<br />
April 23, 2007. The court processed<br />
approximately 15,000 declarations in FY<br />
2007-08, the first full fiscal year in<br />
operation. The Probable Cause system<br />
— because of its great success — has been<br />
implemented for juvenile delinquency case<br />
types with the same resounding results. u<br />
— Wanted —<br />
Conservatorships<br />
think<br />
Matt Toth<br />
as in<br />
Pedder, Hesseltine,<br />
Walker & Toth, LLP<br />
oldest partnership in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
(52 years)<br />
p 925.283-6816 • f 925.283-3683<br />
3445 Golden Gate Way, P.O. Box 479<br />
Lafayette, CA 94549-0479<br />
AV Martindale-Hubbell<br />
22 October 2009
Congratulations Justice Bruiniers!<br />
by Matt Guichard<br />
In what has become a very proud<br />
tradition for our <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
Superior Court, Judge Terence L. Bruiniers<br />
has been elevated to the Court of Appeal,<br />
First Appellate District. He is now serving<br />
as an Associate Justice of Division Five.<br />
Speaking of five, Justice Bruiniers was<br />
Department Five in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
when he took the bench in 1998. Justice<br />
James Marchiano, another of our <strong>Contra</strong><br />
<strong>Costa</strong> alums, was also Department Five.<br />
And, if memory serves, Justice Gary<br />
Strankman was Department Five. Does<br />
the Governor know something? At any<br />
rate, in addition to all of these judges<br />
serving in Department Five of <strong>Contra</strong><br />
<strong>Costa</strong>’s Superior Court, they were also<br />
products of U.C. Berkeley’s Boalt Hall.<br />
Justice Bruiniers was appointed to our<br />
local Superior Court Bench on October 16,<br />
1998 by Governor Pete Wilson. He spent<br />
an enjoyable 11 years on the trial court.<br />
He does miss the “great staff” he had in<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>, and the hustle and<br />
bustle of that trial court assignment. The<br />
quiet of his work place at the Court of<br />
Appeal is in marked contrast to Martinez,<br />
so if you get a chance, stop by and say hello<br />
when you are in San Francisco.<br />
Justice Bruiniers has a fascinating history.<br />
From 1967 to 1973, he worked as a<br />
Berkeley police officer. I am certain he<br />
has a number of stories about Berkeley in<br />
the late ’60s and early ’70s. I recall them<br />
to be very heady times, especially around<br />
Telegraph Avenue and Sather Gate, so<br />
one can only imagine what he recalls.<br />
In 1969 he graduated from U.C.<br />
Berkeley. He started at Cal in 1963, but<br />
took a year off to do his active duty time<br />
in the Marine Corps., and working nights<br />
at the police department slowed him down<br />
a bit. In 1973, he graduated from Boalt<br />
Hall. He served in the United States<br />
Marine Corps. Reserves from 1965 until<br />
1971. He served as a Deputy District<br />
Attorney in Alameda <strong>County</strong> from 1973<br />
through 1981. And he joined a civil firm<br />
in San Francisco in 1981. He became a<br />
principal in the firm of Farrand, Cooper<br />
& Bruiniers, and left in 1998 when he was<br />
appointed to our local Superior Court<br />
Bench.<br />
Justice Bruiniers very much enjoys his<br />
role as an Associate Justice. He does commute<br />
each day to the city. But he did that<br />
for 18 years while he practiced there, so<br />
that is an easy habit to get back into. He<br />
does get to put on his black robe for oral<br />
argument at least one day a month,<br />
sometimes two. The rest of his time is<br />
spent reading and researching cases. He<br />
does have his own staff of research attorneys,<br />
something he did not have at the<br />
trial court level.<br />
We congratulate Justice Bruiniers not<br />
only on his elevation, but his remarkable<br />
legal career. So who is next in Department<br />
Five? u<br />
Chief Justice Ronald M. George (right)<br />
swears in Justice Terence L. Bruiniers<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 23
Temporary Judges<br />
Partners in Justice<br />
by Mimi Lyster<br />
Director of Court Planning and Special Projects<br />
Through our local bar, nearly<br />
50 of its members form the<br />
backbone of our Temporary<br />
Judge Program. Without<br />
you, it would have been<br />
nearly impossible to keep up<br />
with hearing all the cases set<br />
during this past year!<br />
Rule 10.742 of the California<br />
Rules of Court allows<br />
courts to appoint licensed<br />
California attorneys who meet<br />
certain training, education,<br />
and experience requirements<br />
to serve as temporary judges.<br />
The baseline requirements for service are<br />
spelled out in CRC, Rule 2.810 et. seq.,<br />
but boil down to 10 years of active membership<br />
in the California State <strong>Bar</strong>, and a<br />
combination of at least 12 hours of online<br />
and in-person training every three years<br />
in judicial ethics and demeanor, and the<br />
substantive law associated with any calendar<br />
s/he might call.<br />
In <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>, temporary<br />
judges occasionally call: Civil Harassment,<br />
Discovery, Domestic Violence, Family Law<br />
(Support only), Juvenile Dependency<br />
and Delinquency, Probate, Small Claims,<br />
Traffic, and Unlawful Detainer calendars.<br />
# Cases Heard July 2008-June 09<br />
Civil 161<br />
Civil Harassment 144<br />
Discovery 127<br />
Domestic Violence 166<br />
Family Law 1058 546<br />
Juvenile 2,108<br />
Probate 862<br />
Small Claims 954<br />
Small Claims Appeals 163<br />
Traffic 13,497<br />
Unlawful Detainer 204<br />
TOTAL 18,932<br />
In fiscal year 2008-09, a total of 49 local<br />
attorneys heard 18,932 of the court’s total<br />
caseload (just under 10% of all filings for<br />
this period) as the above chart illustrates.<br />
All attorneys appointed to the Temporary<br />
Judge Panel serve at the pleasure<br />
of the Presiding Judge and the Supervising<br />
Judge in the relevant department(s).<br />
There is no employment relationship<br />
established between the temporary judge<br />
and the court, and the court appoints the<br />
temporary judges to serve, based on the<br />
needs of the court.<br />
As training is such a central feature of<br />
this program, we owe a huge debt of<br />
gratitude to Judge Diana Becton<br />
Smith and Commissioner Lowell<br />
Richards for heading up the<br />
subcommittee that oversees this<br />
important program, together<br />
with the judges and commissioners<br />
who develop and deliver<br />
the programs that our panelists<br />
must take. Those who have been<br />
on our Temporary Judge Panel<br />
for the past three years will be<br />
taking the full complement of<br />
both online and in-person training<br />
over the next three months<br />
or so (information on the training<br />
requirements and schedule of available<br />
classes can be found at www.cc-courts.<br />
org/tempjudge).<br />
If you’d like to serve as a temporary<br />
judge in the <strong>Contra</strong> <strong>Costa</strong> Superior Court,<br />
please submit a letter of interest and a<br />
letter of recommendation from a judicial<br />
officer (preferably from the <strong>Contra</strong> <strong>Costa</strong><br />
Superior Court bench.) If invited to continue<br />
with the application process, attorney<br />
candidates must fill out and return a separate<br />
application. Letters of interest should<br />
be addressed to Presiding Judge Mary Ann<br />
O’Malley, and mailed to Mimi Lyster at<br />
P.O. Box 911, Martinez, CA 94553. u<br />
925.790-2600 • info@amllp.com • www.amllp.com<br />
Young Design<br />
&<br />
Production<br />
D E S I G N<br />
W R I T I N G<br />
E D I T I N G<br />
Young Design & Production<br />
is the designer for the <strong>Contra</strong><br />
<strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
Please note<br />
new contact<br />
information!<br />
Nancy Young<br />
821 Escobar Street<br />
Martinez, CA 94553<br />
925.229.2929<br />
youngdesign@att.net<br />
24 October 2009
Using Technology to<br />
Increase Access to Justice<br />
by Magda Lopez<br />
Director of Court Programs and Services<br />
One of the expressed goals of our court’s<br />
current Operational Plan is to use technology<br />
to increase access to justice. Predictably,<br />
this has become increasingly challenging<br />
in light of ongoing budget pressures.<br />
Nonetheless, our staff’s ongoing search<br />
for creative (and inexpensive!) ways to<br />
implement this goal has already yielded<br />
some successes. Most recently, one of our<br />
legal technicians, Nicolle Clark, suggested<br />
that we adopt a practice from the Santa<br />
Clara <strong>County</strong> Superior Court: posting a<br />
log on the internet that attorneys and<br />
litigants can use to check the status of<br />
their ex parte paperwork.<br />
The idea was received with much<br />
enthusiasm by Family Law Supervising<br />
Judge <strong>Bar</strong>ry Goode, as well as by members<br />
of the CCCBA’s Family Law Bench/<br />
<strong>Bar</strong> Committee. With their support<br />
secured, the Director of Court Planning<br />
and Special Projects, Mimi Lyster, was<br />
enlisted to provide the necessary website<br />
and internet expertise. After extensive<br />
work behind the scenes, the project was<br />
launched on August 24. Since then, all<br />
family law ex parte applications and other<br />
miscellaneous pleadings processed by the<br />
court’s legal technicians unit have been<br />
assigned a reference number at the time<br />
that they are submitted to the forms<br />
window in the lobby of the Family Law<br />
Center. The legal technicians create and<br />
maintain a log on the internet that tracks<br />
documents by reference number and<br />
indicates whether the documents are<br />
ready for pick up. The internet log is<br />
updated daily at noon and 4:30pm.<br />
If you’d like to see the process, the log<br />
is located at www.cc-courts.org/exparte<br />
and can also be accessed from the home<br />
page on the court’s website by clicking<br />
on the link labeled “Family Law Restraining<br />
& Ex Parte Orders.”<br />
In creating this log, we were mindful<br />
of the need to protect the confidentiality<br />
of all aspects of every paternity case. We<br />
were also very careful to ensure that we<br />
did not endanger victims of domestic<br />
violence by making it possible for perpetrators<br />
to obtain information regarding<br />
restraining order applications while they<br />
were still being processed. Accordingly,<br />
neither the names nor case numbers are<br />
posted in paternity and domestic violence<br />
cases.<br />
Posting the log on the internet means<br />
that the information is accessible 24 hours<br />
per day, 7 days per week — rather than<br />
just during the hours that the court is in<br />
operation. Parties and attorneys can<br />
quickly and easily get an update on the<br />
status of their case, without having to call<br />
and risk getting a busy signal. The legal<br />
technicians also benefit since they have<br />
more time to work on other pressing<br />
matters, such as the Family Code Section<br />
2336 default judgments. Undeniably a<br />
win-win for everyone.<br />
This is the first of many improvements<br />
in service delivery that we hope to implement<br />
in the coming years. In the meantime,<br />
we invite litigants and attorneys to<br />
avail themselves of the added convenience<br />
of using the internet to check on the<br />
status of documents submitted to the<br />
forms window. u<br />
Attorney Counseling Evenings<br />
The CCCBA offers ACE Nights in various<br />
subject matters, such as family, landlord/<br />
tenant and immigration law. The programs<br />
are only two hours in length. They have been<br />
an invaluable service to the community — and<br />
the feedback received has been fantastic!<br />
If you’re interested in volunteering for an<br />
upcoming ACE Night, please contact<br />
CCCBA’s Michele Vasta at 925.370-2548<br />
or mvasta@cccba.org.<br />
Robert E. Aune<br />
Mediation and Arbitration<br />
of Real Estate Matters<br />
Construction Defects • Lease Disputes<br />
Homeowner <strong>Association</strong> Disputes<br />
Commercial Finance • Land Use<br />
Insurance Coverage<br />
505 Sansome Street, 6th Floor • San Francisco 94111<br />
415.433-6400 • raune@auneassociates.com<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 25
Volunteer Interpreters<br />
at the Family Law Courthouse<br />
by Kiri Torre<br />
Court Executive Officer<br />
The synergy that results when agencies<br />
pool their resources can be truly inspiring.<br />
Take, for example, the collaboration<br />
between the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Superior<br />
Court and Spanish Global Solutions. Since<br />
the end of March, Spanish Global Solutions<br />
has been recruiting and training volunteers<br />
to serve as Spanish interpreters at the Senior<br />
Self Help Clinic and the Help Desk in the<br />
court’s Spinetta Family Law Center. The<br />
results have been truly impressive.<br />
So far, the Spanish Volunteer Program<br />
has recruited eight interpreters, five of<br />
whom are already actively participating:<br />
Phyllis López Magaña; Susan Tunison;<br />
Norma Márquez; María Navarrete; and<br />
Ángel Ruiz Blanco (supervisor). Volunteers<br />
provide interpretation and translation<br />
services as well as aid in filling out forms.<br />
The feedback the program has received<br />
from attendees has been extremely encouraging,<br />
and news of the clinic is beginning<br />
to spread. Recently, a man who was the<br />
respondent in a dissolution case received<br />
interpretation services as well as assistance<br />
in completing his forms. The following<br />
week, the petitioner came in after speaking<br />
with the respondent so that she too<br />
could receive help. Each month the number<br />
of attendees has increased notably and<br />
many Spanish speakers now wait until<br />
Tuesday to attend the clinic so they can<br />
take advantage of these free services.<br />
Survey responses by attendees thus far<br />
have been positive, thanking the volunteers<br />
for their help and letting them know<br />
how much they appreciate their help.<br />
Of course, none of this would be possible<br />
without support from some key<br />
people. Presiding Judge Mary Ann<br />
O’Malley approved the program. Magda<br />
Lopez, Director of Court Programs and<br />
Services worked closely with Spanish<br />
Global Solutions and has been an enthusiastic<br />
cheerleader for the program. At the<br />
heart of the program is Ángel Ruiz Blanco,<br />
the owner-director of Spanish Global<br />
Solutions. Spanish Global Solutions is a<br />
private business offering Spanish consulting<br />
services to businesses and professionals<br />
as well as Spanish language instruction,<br />
translation and interpretation.<br />
Ángel is an attorney educated and<br />
licensed to practice law in Spain. His first<br />
experience with volunteer interpreter<br />
programs came when he created a program<br />
for the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong>.<br />
Through Spanish Global Solutions,<br />
Ángel has taken on recruiting and interviewing<br />
a pool of interpreters, ensuring<br />
that background checks and paperwork<br />
are completed, organizing and providing<br />
legal training for the interpreters, and<br />
supervising and evaluating their work. He<br />
is also contacting online and local certified<br />
court interpreter programs to create a<br />
partnership so that as students learn from<br />
their volunteer experience, the experience<br />
will also serve as a bridge for future job<br />
opportunities once they are certified language<br />
interpreters.<br />
We are very grateful to Ángel for his<br />
energy and dedication to this program,<br />
and we look forward to working with<br />
Spanish Global Solutions as we expand<br />
the program to include additional languages<br />
while continuing to provide outstanding<br />
service to the community. u<br />
Do it for the Kids!<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong> is looking for<br />
energetic and enthusiastic volunteers for the<br />
Education Outreach Program<br />
To strengthen our pledge of providing valuable law-related education to local high school<br />
and middle school students, attorneys are needed to volunteer with EOP throughout the county.<br />
The time commitment is minimal, but the rewards for participation are significant for both<br />
you and our youth!<br />
To learn more about this exciting program, please contact: Michele Vasta<br />
925.370-2548 • mvasta@cccba.org<br />
www.cccba.org<br />
26 October 2009
B A R R & B A R R<br />
A T T O R N E Y S<br />
We are pleased to announce that we have moved<br />
to a newly renovated office in Danville to accommodate<br />
the addition of the following attorneys to our firm:<br />
•<br />
Williem J. <strong>Bar</strong>d, Esq.<br />
Janet M. Li, Esq.<br />
Christopher M. Moore, Esq.<br />
•<br />
Our new address and contact information:<br />
318-C Diablo Road Phone: (925) 314-9999<br />
Danville, CA 94526-3443 Fax: (925) 314-9960<br />
Will & Trust Litigation<br />
Elder Abuse Litigation • Conservatorships<br />
B A R R & B A R R<br />
A T T O R N E Y S<br />
318-C Diablo Road • Danville, CA 94526-3443 • (925) 314-9999<br />
Edward E. <strong>Bar</strong>r (retired)<br />
Janet M. Li<br />
Loren L. <strong>Bar</strong>r*<br />
Christopher M. Moore<br />
Joseph M. Morrill<br />
John Milgate, Of Counsel<br />
Williem J. <strong>Bar</strong>d<br />
Tracey McDonald, Paralegal<br />
*Certified Specialist, Estate Planning, Trust and Probate Law, The State <strong>Bar</strong> of California Board of Legal Specialization<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 27
ethics corner<br />
by Carol M. Langford<br />
Money matters have been foremost on<br />
clients’ minds as the recession winds down<br />
and we all learn to readjust our financial<br />
priorities. During tough times, clients will<br />
seek to find inventive ways to delay paying<br />
their lawyers. The State <strong>Bar</strong> is aware<br />
of this, and has issued two new ethics<br />
opinions that provide guidance in dealing<br />
with collection and settlement matters.<br />
The first is Formal Ethics Opinion No.<br />
2009-177. It addresses this situation: You<br />
are the former attorney in a matter. The<br />
client fires you, finds a new lawyer, and<br />
then gets a settlement check. You may<br />
have thought about this in advance and<br />
included lien language in your fee agreement.<br />
But guess what? The settlement<br />
check is made out to three people: you,<br />
the client and her new attorney. The client<br />
demands you sign it, but you have been<br />
around the block a few times and are<br />
afraid that you’ll forfeit your lien rights<br />
to the money if you do, in fact, sign.<br />
The opinion first discusses Rule of<br />
Professional Conduct 4-100, which<br />
requires prompt payment to the client of<br />
client funds. But note that Rule 4-100 only<br />
covers funds the client is entitled to, and<br />
that does not include funds owed to the<br />
attorney. Therefore, the opinion concludes,<br />
the attorney need not sign the check.<br />
But the attorney’s duties are not over.<br />
The lawyer does need to find another<br />
reasonable method of delivering the<br />
undisputed portion of the settlement to<br />
the client. Rule 4-100 itself does not<br />
suggest methods to comply with the rule,<br />
but case law does. In the Matter of Feldsott<br />
(Rev. Dept. 1997) 3 Cal. State <strong>Bar</strong> Ct.<br />
Rptr. 754 — the court allowed the lawyer<br />
to place the disputed funds in his trust<br />
account or in a separate blocked account<br />
where the lawyer offered the client reasonable<br />
options to release the undisputed<br />
portion of the funds and the client refused.<br />
In the Matter of Kroff (Rev. Dept. 1998) 3<br />
Cal. State <strong>Bar</strong> Ct. Rptr. 838 — the court<br />
allowed an attorney to participate in a fee<br />
arbitration over the disputed money since<br />
the lawyer promptly paid to the client<br />
what it was determined he owed after the<br />
fee arbitrator awarded judgment.<br />
The opinion also states that an attorney<br />
could place the funds in the successor<br />
attorney’s account pursuant to an express<br />
agreement to hold the disputed funds in<br />
trust pending resolution of the dispute.<br />
The successor assumes the role of fiduciary<br />
and cannot favor the client by converting<br />
the funds to give them to the client.<br />
The second new State <strong>Bar</strong> opinion out<br />
this year is Opinion 2009-176. This one<br />
addresses the scenario of a lawyer representing<br />
a client who gets a settlement<br />
offer conditioned on the client’s waiver of<br />
statutory attorney fees. This issue comes<br />
up in contracts where the attorney has<br />
the right to the greater of the one-third<br />
contingency fee or the statutory fees.<br />
Unfortunately for plaintiffs’ lawyers, it<br />
concludes that the lawyer may not bar<br />
such an offer notwithstanding the client’s<br />
desire to accept it, even where the lawyer<br />
is on a contingency fee, meaning that the<br />
lawyer does not recover the full value of<br />
her services. It also holds that it is not<br />
unethical to offer such settlements. The<br />
bottom line here is that ultimately it is<br />
the client’s right to settle a case.<br />
Finally, take note that the calendar for<br />
the State <strong>Bar</strong> Commission on the Revision<br />
of the Rules of Professional Conduct is<br />
actively working on drafting and revising<br />
the Rules of Professional Conduct. Some<br />
day very soon we will not be governed by<br />
the current rules that we all know so well.<br />
Keep tabs on the State <strong>Bar</strong> website and<br />
submit your comments. u<br />
— Carol M. Langford is a lawyer specializing<br />
in attorney conduct, State <strong>Bar</strong> defense<br />
and legal malpractice matters. She practices in<br />
Walnut Creek and is an adjunct professor of<br />
ethics at Hastings College of the Law.<br />
Please send your ethics questions to:<br />
Carol Langford<br />
100 Pringle Avenue, Suite 570<br />
Walnut Creek CA 94596<br />
langford@usfca.edu<br />
(If your question is answered in a future column,<br />
your name/firm name will be omitted.)<br />
28 October 2009
The <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
is pleased to announce the fourth never annual<br />
Trivia Bowl<br />
for Access to Justice<br />
in support of The BAR FUND<br />
Friday, October 2, 2009<br />
6:00 – 9:30pm<br />
Blackhawk Museum<br />
$75 per person - $750 reserved table for 10<br />
$100 per person for Sponsors / $1,000 Patron table for 10 (includes recognition in event program)<br />
$500 to enter a team of 3 (100% of team entrance fees may be taken as charitable tax deduction)<br />
Master of Ceremonies Tom Beatty • Judge Hon. Norm Spellberg (ret.) • Game Show Host Brian Bonney<br />
Enter a team (no later than September 1) to compete against law firms and retired judges, or put together an<br />
All Star team of your trivia-savvy colleagues to compete for the perpetual trophy. Trivia categories will include: literature,<br />
science & technology, history & geography, arts & entertainment, sports, local legal lore, and obscure legal questions.<br />
This year we also have a special category of questions in keeping with our “Auto” themed venue.<br />
Maserati Sponsors<br />
JAMS • Miller Starr Regalia • Nevin Ramos & Steele<br />
Ferrari Sponsors<br />
Carroll, Burdick & McDonough, LLP • Certified Reporting Services • The Recorder<br />
To Register: Call Michele Vasta at 925.370-2548 with your Visa, MasterCard, American Express, or Discovery Card,<br />
email her at mvasta@cccba.org ~ or ~ send your check, payable to CCCBA, to 704 Main Street, Martinez 94553.<br />
For further information, contact Lisa Reep at 925.288-2555 or lgreep@cccba.org.<br />
Arlene Segal<br />
Law Offices of Arlene Segal<br />
Litigation - Mediation<br />
Trust and Estate Disputes • Financial Abuse<br />
100 Pringle Avenue, Suite 780 • Walnut Creek, CA 94596<br />
telephone (925) 937-4224 • fax (925) 937-4273<br />
To place a display or classified ad,<br />
please make note of new contact info:<br />
Nancy Young<br />
Young Design & Production<br />
821 Escobar Street, Suite 124<br />
Martinez CA 94553<br />
925.229.2929<br />
youngdesign@att.net<br />
Display ads start as low as<br />
$80 per month, while classifieds run<br />
as little as $36 per ad.<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 29
advertisers’ index<br />
ADR Services, Inc.. . . . . . . . . . . . . . . . . .19<br />
Roger F. Allen . . . . . . . . . . . . . . . . . . . . . .9<br />
Armanino McKenna LLP . . . . . . . . . . . . .24<br />
Robert E. Aune . . . . . . . . . . . . . . . . . . . .25<br />
<strong>Bar</strong>r & <strong>Bar</strong>r Attorneys. . . . . . . . . . . . . . . .27<br />
Braverman Mediation & Consulting . . . . .31<br />
California Society of CPAs. . . . . . . . . . . .13<br />
Diablo Valley Reporting Services . . . . . . .32<br />
Glenn & Dawson LLP. . . . . . . . . . . . . . . .19<br />
JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . .11<br />
Law Offices of Arlene Segal . . . . . . . . . . .29<br />
Law Offices of David M. Lederman . . . . . .15<br />
Law Offices of Gary D. Sparks . . . . . . . . .22<br />
Mechanics Bank . . . . . . . . . . . . . . . . . . .19<br />
Mullin Law Firm . . . . . . . . . . . . . . . . . . .15<br />
Mark V. Murphy. . . . . . . . . . . . . . . . . . . .19<br />
Pedder, Hesseltine, Walker & Toth, LLP. . 22,30<br />
Julie Schumer. . . . . . . . . . . . . . . . . . . . .11<br />
Scott Valley Bank. . . . . . . . . . . . . . . . . . . .9<br />
West . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2<br />
Young Design & Production. . . . . . . . . . .24<br />
Michael J. Young. . . . . . . . . . . . . . . . . . .10<br />
Youngman, Ericsson & Low, LLP . . . . . . .30<br />
Zandonella Reporting Service . . . . . . . . .31<br />
offices<br />
for rent...<br />
contract<br />
attorneys...<br />
job<br />
opportunities<br />
...<br />
classifieds<br />
Looking for Office Space?<br />
Two solo family law attorneys looking<br />
for one or two family law solos to share<br />
space in Walnut Creek. Call 925.627-4230<br />
or 925.787-9555.<br />
Bishop Ranch Office Space<br />
Financial planning firm has 2 offices<br />
avail within suite. Rents $800 to $1000/<br />
mo., shared conf. rm, recep area, kitchen.<br />
Great location! Call 925.866.1246.<br />
Walnut Creek Law Offices – Sublease<br />
Large executive office available in<br />
established family law firm. Has park-like<br />
view from wall to wall office windows.<br />
Located in a Class A building at 2700<br />
Ygnacio Valley Rd and includes secretarial<br />
area, storage, conference room, and copier.<br />
$1,775/month. Contact Daniel Schick at<br />
925.943-1500.<br />
961 Ygnacio Valley Road, Walnut Creek<br />
Share building with 7 solos. One office<br />
available. All amenities. 925.938-2460.<br />
Walnut Creek office space to share<br />
700 Ygnacio. Large corner window office<br />
plus secretarial station, smaller window<br />
office plus joint use of copier/file, lunch and<br />
conference rooms. Parking included. Call<br />
925.472-8000.<br />
710 S. Broadway, Walnut Creek<br />
Great location near Nordstroms. 1946<br />
sq. ft. Furnished law office. Please call<br />
925.937-2646 re sublease.<br />
2 Conference rooms for rent<br />
Conveniently located near courthouse<br />
in downtown Martinez (CCCBA office,<br />
704 Main Street, Martinez). Standard<br />
room (seats 10-12): $150 all day/$75 half<br />
day. Mobile room (full - seats up to 30):<br />
$200 all day/$100 half day. Subdivided<br />
(seats up to 10): $75 all day; $40 half day.<br />
Both rooms: $250 all day/$150 half day.<br />
$20 hourly rate. Full catering available.<br />
Call Manny, 925.370-2549.<br />
professional announcements<br />
Probate paralegal to attorneys<br />
Joanne C. McCarthy. 2204 Concord Blvd.<br />
Concord, CA 94520. Call 925.689-9244.<br />
To place a classified ad,<br />
please contact:<br />
Nancy Young<br />
925.229.2929<br />
youngdesign@att.net<br />
Youngman, Ericsson & Low, LLP<br />
1981 North Broadway • Suite 300<br />
Walnut Creek, CA 94596<br />
Tax <strong>Lawyer</strong>s.<br />
(925) 930-6000<br />
30 October 2009
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 31