Contra Costa Lawyer - Contra Costa County Bar Association
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
Volume 23, Number 9 • October 2010<br />
The official publication of the<br />
The Bench | <strong>Bar</strong> Issue<br />
B A R<br />
A S S O C I A T I O N<br />
The Arnason Justice Center
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
Volume 23, Number 9 • October 2010<br />
B A R<br />
A S S O C I A T I O N<br />
features<br />
contents<br />
8 2010 Year in Review<br />
Presiding Judge's Perspective - Judge O'Malley<br />
Civil Law Perspective - Judge Goode<br />
Criminal Law Perspective - Judge Kennedy<br />
Family Law Perspective - Judge Cram<br />
Juvenile Law Perspective - Judge Haight<br />
Richmond Courthouse - Judge Maddock<br />
Walnut Creek Courthouse - Judge Kolin<br />
18 High TEch solutions in the wake of the budget crisis<br />
<strong>Bar</strong>ry Lynch<br />
20 A year of great change, challenge and opportunity for our adr programs<br />
Mindy Morgado<br />
21 Doing less with less - impact of the state budget on the courT<br />
Kiri Torre<br />
22 Richard E. Arnason Justice CEnter - From vision to realiTY<br />
Lucy Fogarty<br />
23 2011 judicial assignments<br />
departments<br />
4 Inside<br />
Kiri Torre<br />
6 President's message<br />
Ron Mullin<br />
16 MCLE Spectacular Preview<br />
24 Question Man<br />
given the number of new judges on the bench, what can be done<br />
To ensure a strong relationship between the bench and the bar?<br />
25 Bench/ <strong>Bar</strong> Relations<br />
Matthew Talbot<br />
26 Annual Court Scholarship Presentation<br />
28 Pro Bono<br />
A Conversation with Frank Acuña<br />
34 Classifieds Cover Image: Architect's Rendering, Courtesy of HOK Architects
inside<br />
2010 BOARD of DIRECTORS<br />
Ron Mullin President<br />
Kathy Schofield President-Elect<br />
Audrey Gee Secretary<br />
Jay Chafetz Treasurer<br />
Larry Cook Ex Officio<br />
Richard Alexander<br />
Amanda Bevins<br />
Christopher Bowen<br />
Oliver Bray<br />
Mike Brewer<br />
Leigh Johnson<br />
Kristen Thall Peters<br />
Alan Ramos<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 />
CO-EDITOR<br />
Nicole Mills<br />
925.351.3171<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 />
PRINTING<br />
Steven's Printing<br />
925.681.1774<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong><br />
PHOTOGRAPHER<br />
Moya Fotografx<br />
510.847.8523<br />
Kerstin Firmin<br />
Communications Coordinator<br />
<strong>Bar</strong>bara Tillson<br />
LRIS Coordinator<br />
Michele Vasta<br />
Section Liaison/Education<br />
& Programs Coordinator<br />
EDITORIAL BOARD<br />
Mark Ericsson<br />
925.930.6000<br />
Matthew P. Guichard<br />
925.459.8440<br />
Patricia Kelly<br />
925.258.9300<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 />
Dana Santos<br />
925.901.0185<br />
Kathy Schofield<br />
925.253.7890<br />
Audrey Smith<br />
925.969.3561<br />
Stephen C. Steinberg<br />
925.385.0644<br />
Marlene Weinstein<br />
925.942.5100<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> (ISSN 1063-4444) is published 10 times<br />
a year 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<br />
$25 is included in the membership dues. Second-class postage<br />
paid at Martinez, CA. POSTMASTER: send address change to<br />
the <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: Kerstin Firmin, CCCBA, 704<br />
Main Street, Martinez, CA 94553; or email to: kfirmin@cccba.org.<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 />
This Bench-<strong>Bar</strong> edition contains reflections on 2010 from our Judicial<br />
Leadership – Presiding Judge Mary Ann O’Malley, Supervising Judges<br />
<strong>Bar</strong>ry Goode - Civil; John Kennedy - Criminal; Joyce Cram - Family; Lois<br />
Haight - Juvenile; Thomas Maddock - Richmond; and William Kolin -<br />
Walnut Creek-Concord.<br />
2010 was the second full year of significant economic challenges facing the California<br />
Judicial Branch and our Court in particular. These challenges have tasked our ability<br />
to continue to provide exemplary service to the public, since the Court has suffered<br />
a 20 percent loss of staff through attrition and layoffs. In this issue, we describe how<br />
the Court’s budget strategy has begun to address the monumental budget reductions.<br />
Very difficult decisions have allowed the Court to remain financially solvent while<br />
some other courts struggle to manage these deep ongoing cuts. The mandated Court<br />
Closure days continued throughout California on the third Wednesday of each month<br />
through June 2010 to assist with the budget reductions.<br />
With fewer staff resources, the Court hired a top level Information Technology Director<br />
to assist the Court in the implementation of significant technology enhancements<br />
to enhance services to the public and to help mitigate the loss of staff. This issue provides<br />
highlights of achievements to date and a preview of initiatives to follow.<br />
The Court will also update readers on the challenges and opportunities concerning<br />
our Alternative Dispute Resolution Programs (ADR) in 2010. Many thanks to our<br />
ADR panel, consisting of 300+ members, who offer specialized expertise in 47 different<br />
subject areas. The overall settlement rate for cases referred to mediation remains<br />
in the 50% range and referrals to ADR continue at the rate of over 1,000 each year.<br />
We have also included an update on the completion and opening of the new Arnason<br />
Justice Center – planned for November of 2010. We watched with anticipation as<br />
California's first state-funded courthouse took shape and began to resemble the artist’s<br />
rendering of this institution of justice.<br />
The Court greatly appreciates its partnership with the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
and the local bar and is very pleased to share key information with the<br />
magazine’s readers. Thank you for the continuing opportunity to participate.u<br />
4 September 2010
We gratefully acknowledge<br />
the following<br />
Gala ReceptiOn<br />
in support of the Elder Law Center<br />
principal SpOnsOrs<br />
Commitments as of<br />
9/17/2010 <br />
Platinum<br />
Casper, Meadows,<br />
Schwartz & Cook<br />
CCCBA’s Conservatorship,<br />
Guardianship, Probate<br />
& Trust Section<br />
GOld<br />
John A. Hartog<br />
JAMS<br />
JFK University<br />
Miller Starr Regalia<br />
Celebrating Judge Norm Spellberg (ret.)<br />
for his lifelong contribution<br />
to the <strong>Contra</strong> <strong>Costa</strong> Legal Community<br />
Thursday, NOvember 4, 2010<br />
5:30-7:30pm<br />
BedfOrd Gallery<br />
Dean Lesher RegiOnal Center fOR the Arts<br />
Walnut Creek<br />
Master of Ceremonies | Bill Gagen<br />
$50|$25 for CCCBA <strong>Bar</strong>risters or Law Student members<br />
Morison Holden<br />
Derewetzky & Prough, LLP<br />
Silver<br />
Frankel & Goldware, LLP<br />
Gagen, McCoy, McMahon,<br />
Koss, Markowitz & Raines<br />
Guichard, Teng & Portello<br />
Littler Mendelson’s<br />
Walnut Creek Office<br />
McNamara, Ney, Beatty,<br />
Slattery, Borges & Brothers, LLP<br />
Shapiro Buchman Provine LLP<br />
It is not too late to join this<br />
exclusive group of supporters!<br />
Take advantage of sponsorship<br />
and pledge opportunities by calling<br />
today:<br />
Michele Vasta<br />
mvasta@cccba.org<br />
925-370-2548<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 5
president’s message<br />
by Ron Mullin<br />
Across the board, attorneys report some<br />
of the highest levels of burnout amongst<br />
any profession. However, practicing<br />
with, for, and against attorneys who are<br />
social and reasonable can help deal with<br />
the problem of burnout. Fortunately,<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> has a community<br />
of attorneys who are both social and reasonable.<br />
Even more fortunate, there is a place<br />
where the community comes together,<br />
along with a focus on continuing education:<br />
The Robert G. McGrath American<br />
Inns of Court. Inns of Court are designed<br />
to meld the professionalism and talents<br />
of the bench and the bar. The McGrath<br />
Inn is no different. It meets once every<br />
month at the Lafayette Park Hotel to<br />
help attorneys and judges learn more<br />
about the ever changing landscape of<br />
the law.<br />
At the meetings, attorneys learn to<br />
become better advocates for their clients,<br />
concentrating especially on ethics.<br />
Members get the opportunity to learn<br />
alongside judges. Each judge is assigned<br />
a Pupilage Group, which consists of approximately<br />
ten attorneys ranging in experience<br />
from law students to legal masters.<br />
At an Inns event, a judge and his or<br />
her Pupilage Group put on an entertaining<br />
performance about a legal topic of<br />
their choice. This program is a great way<br />
to provide MCLE credit, including difficult-to-obtain<br />
credits such as Prevention<br />
and Detection of Substance Abuse and<br />
Elimination of Bias in the legal profession.<br />
Pupilage Groups frequently present<br />
their programs with funny skits or in<br />
a game show-style manner.<br />
The programs generally last about<br />
an hour. Afterwards, all members enjoy<br />
a dinner catered by the Lafayette Park<br />
Hotel. During dinner, members make<br />
new acquaintances, reconnect with old<br />
friends, and help mentor less experienced<br />
practitioners. The dinners provide<br />
everyone with a relaxed atmosphere in<br />
which the Inn members can better get<br />
to know each other. Few other counties<br />
provide as many opportunities as <strong>Contra</strong><br />
<strong>Costa</strong> does to get to know not just the<br />
local judges better, but members of the<br />
First District Court of Appeals as well.<br />
For solo practitioners and those who<br />
work in small to mid-size firms, the Inns<br />
of Court provide great networking and<br />
business opportunities. The days of the<br />
general practitioner are long gone, even<br />
in this county. Attorneys skilled in personal<br />
injury defense could never manage<br />
a probate, while a business attorney<br />
would be lost trying to handle a divorce<br />
matter. In these days of hyper-specialization,<br />
meeting attorneys outside your<br />
practice field is a great opportunity provided<br />
by the Inns of Court. The juvenile<br />
dependency attorney sitting next to the<br />
IP attorney never knows when he or she<br />
might find themselves with an IP case to<br />
refer and vice versa.<br />
Any level of experience is welcome at<br />
the Inns. Legal masters and judges are<br />
encouraged to provide mentoring to<br />
younger attorneys. They can view the<br />
Inns as a way to impart their knowledge<br />
to a new generation of attorneys.<br />
Younger attorneys can view the Inns as<br />
a way to gain expert insight not only<br />
into the inner workings of the legal profession,<br />
but also the inner workings of<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> itself. After a few<br />
meetings, they might find themselves<br />
easily striking up a conversation with<br />
any and all judges and master attorneys.<br />
We are fortunate to practice in such a<br />
congenial county with so many intelligent<br />
professionals. To take advantage of<br />
the opportunities provided by the Inns,<br />
please contact the Inns of Court President<br />
David Pearson at (925) 287-0051<br />
or attorney@mac.com. u<br />
— Ron Mullin, a lawyer in this county for over<br />
30 years, dedicates his practice to estate planning,<br />
wills and trusts, conservatorships/guardianships,<br />
business and commercial law, real property, and<br />
business formation. He also acts as mediator and<br />
arbitrator for disputed cases.<br />
6 September 2010
“After calling hundreds of attorneys, I finally found<br />
one that I can afford!”<br />
- Moderate Means client Adriana Arenas.<br />
“I never give up on protecting my client's interests.<br />
I want to be a champion.”<br />
- Moderate Means attorney Mark Zeller<br />
Do you know someone with a<br />
family law or immigration issue, in need of<br />
quality, affordable legal support?<br />
Today, many of <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>’s hardworking residents, living off moderate incomes, face the same legal<br />
dilemma. When a legal problem arises, they are caught between ineligibility for pro bono support and the inability<br />
to pay regular rates for private practicing attorneys. But quality and affordable legal support can now<br />
be a reality for moderate-income individuals - thanks to the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong>’s Moderate<br />
Means Program.<br />
Moderate Means Program<br />
Now Accepting Applications for<br />
Family Law and Immigration<br />
The Moderate Means Program refers qualified individuals to its panel of 16 attorneys. The attorneys agree to<br />
charge reduced hourly rates and a reduced retainer fee. For hourly rates, the attorneys are permitted to charge<br />
$50.00 - $100.00 per hour. For the retainer fee, they are allowed to charge $500.00 - $750.00. The initial<br />
30-minute consultation is free.<br />
Eligibility for the program is based on the individual’s income and household composition. Moderate Means is<br />
not a low-income or pro bono service. Interested clients must have a case in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. However,<br />
they do not have to reside in this county. To sign-up for the program, individuals must fill out a simple application,<br />
submit six weeks of the most recent pay stubs, and provide a $40.00 processing fee. For an application,<br />
please call Manny Gutierrez at (925) 677-0234 or email mgutierrez@cccba.org. Interested individuals can also<br />
visit www.cccba.org for more information about the Moderate Means Program.<br />
For more information and materials, call<br />
MAnny Gutierrez or <strong>Bar</strong>bara Tillson at<br />
(925) 677-0234<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 7
2010<br />
Year<br />
In<br />
Review<br />
Presiding Judge Perspective | Judge O'Malley<br />
Civil Law Perspective | Judge Goode<br />
Criminal Law Perspective | Judge Kennedy<br />
Family Law Perspective | Judge Cram<br />
Juvenile Law Perspective | Judge Haight<br />
Richmond Courthouse | Judge Maddock<br />
Walnut Creek Courthouse | Judge Kolin<br />
8 September 2010
2010 Review from the Presiding Judge<br />
Hon. Mary Ann O'Malley<br />
When I last wrote to you as Presiding<br />
Judge last year, I mentioned<br />
that I had to deal with the lack<br />
of a statewide trial court budget, court<br />
closures, and two vacancies on our<br />
Bench. Well, déjà vu. Here I am again,<br />
awaiting a statewide trial court budget,<br />
which is 60+ days overdue as of September<br />
1 st , shortened court clerk office<br />
hours, and a vacancy created by Commissioner<br />
Green’s retirement. I really<br />
hate to sound like a broken record but<br />
it is what it is.<br />
One thing of which I am most proud<br />
and which hasn’t changed is that I work<br />
with the most dedicated, hard-working<br />
employees on the face of the earth. They<br />
have endured the most trying time for<br />
a trial court that I can remember, and I<br />
have been around the trial courts since<br />
1985. I am honored to have been their<br />
Presiding Judge throughout this ordeal.<br />
Last year the statewide trial court<br />
budget reductions totaled $393 million<br />
dollars. This resulted in a 12% cut to our<br />
own court budget. This year, as chair of<br />
the Trial Court Presiding Judges Advisory<br />
Committee, I, along with many other<br />
Presiding Judges from around the State,<br />
traveled to Sacramento to impress upon<br />
our legislators that this was not acceptable.<br />
A budget which results in a Court<br />
having to close its doors is simply justice<br />
denied. Staff from the Office of Governmental<br />
Affairs of the AOC worked<br />
tirelessly to create solutions for the trial<br />
courts’ budget woes. We realized we had<br />
to solve our own budget deficit or suffer<br />
cuts as deep as last year. Frankly, most of<br />
the trial courts would not have been able<br />
to survive another year like last year.<br />
With the help of our Chief Justice, Ron<br />
George, who urged the Governor to give<br />
us the relief needed to operate our courts<br />
effectively, and a creative budget proposal,<br />
we prevailed. I hope. The budget<br />
proposal for the trial courts is not great<br />
but not as devastating as last year. It will<br />
by no means put us on easy street but<br />
will allow us to keep our doors open. If<br />
enacted, it will also allow us to maintain<br />
the status quo, avoiding further layoffs,<br />
for which I am very grateful.<br />
One bit of very big news was the announcement<br />
that our Chief Justice will<br />
retire at the end of this year. Chief Justice<br />
Ron George has been an innovative, forward-thinking,<br />
courageous advocate for<br />
the administration of justice in California.<br />
Among his many accomplishments<br />
was the unification of our Superior and<br />
Municipal courts, creating a statewide<br />
trial court budget structure and acquiring<br />
and maintaining all the trial court<br />
facilities and courthouses statewide. All<br />
these changes have allowed us to become<br />
a better, stronger and more effective<br />
branch of government. I have had the<br />
opportunity to work with the Chief as<br />
a member of the Judicial Council. I saw<br />
first-hand what a committed advocate<br />
and leader he is for the trial courts. He<br />
will be missed. I also have the pleasure<br />
of knowing and working with our Chief<br />
Justice nominee, Tani Cantil-Sakauye.<br />
Like the Chief, I have every confidence<br />
that she will be a wonderful Chief Justice.<br />
She is intelligent, well-spoken, has<br />
worked in the Legislature, is hard-working<br />
and, I’m sorry, guys, a WOMAN!!!<br />
Finally, I’d like to end on a high note.<br />
We will soon be the very happy occupants<br />
of the new Richard E. Arnason<br />
Justice Center in Pittsburg. Our targeted<br />
move in date is October 29, 2010.<br />
This new courthouse is an absolute gem,<br />
just like our Judge Arnason. Also, I am<br />
nearing the end of my term as Presiding<br />
Judge. I am relieved to know that the<br />
Court will remain in very capable hands<br />
under the guidance of my colleagues,<br />
Diana Becton-Smith as Presiding Judge<br />
and <strong>Bar</strong>ry Goode as the Assistant Presiding<br />
Judge. Judge Becton-Smith is<br />
intelligent, well-spoken, hard-working<br />
and, guys, you know where I am going<br />
with this… u<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 9
Hon. <strong>Bar</strong>ry P. Goode<br />
Supervising Judge<br />
civil law<br />
In the judicial branch, change is<br />
generally slow but inexorable. So<br />
it has been with the Civil Division<br />
this year. There have been a few<br />
changes in recent months, but much has<br />
stayed the same. As of January 2010,<br />
Judge Flinn left the complex civil department<br />
and Judge Maddock left his<br />
fast track department, each after three<br />
years of dedicated service. They will be<br />
missed.<br />
Judge Cheryl Mills now sits in what<br />
had been Judge Maddock’s department.<br />
Judge Goode occupies the complex civil<br />
department. In all other respects, the<br />
assignments remain the same. Judges<br />
Craddick, Zuniga and Baskin continue<br />
to serve in fast track civil departments.<br />
Commissioner Sanders still does her<br />
extraordinary work with discovery motions,<br />
ex parte applications, orders of<br />
examinations, name changes and the<br />
myriad of other things she handles.<br />
However, as described elsewhere in<br />
this magazine, in just a few more months<br />
Judges Craddick and Zuniga will move<br />
on to new assignments. They will be replaced<br />
by Judges Brady and Austin. The<br />
division is lucky to have had the benefit<br />
of two such experienced judges and is<br />
equally lucky to be getting two seasoned<br />
judicial officers to replace them.<br />
There has been one other noticeable<br />
change this year. In January 2010, the<br />
Court divided the work of the limited<br />
jurisdiction civil department among the<br />
other civil departments. So, now each of<br />
the five unlimited civil departments has<br />
a portfolio of limited jurisdiction cases<br />
as well. That means that at 8:30 a.m.<br />
(most mornings) the fast track and complex<br />
civil departments call a calendar of<br />
up to a dozen limited cases. It also means<br />
that from time to time they have trials of<br />
limited jurisdiction matters.<br />
The merger of the limited civil caseload<br />
with the unlimited civil caseload<br />
during this time of budget woes has<br />
created strains in the clerk’s office. The<br />
Court’s staff has shrunk by approximately<br />
20% since the beginning of the<br />
current budget crisis – with commensurate<br />
reductions in the Civil Division.<br />
With fewer clerks to process papers, the<br />
unlimited civil cases have gotten priority<br />
attention to the detriment of the limited<br />
cases. Thus, defaults, writs and abstracts,<br />
new complaints and loose filings have<br />
become seriously backlogged. The Court<br />
has devised a plan to address that backlog<br />
and will, hopefully, have it cleared by<br />
late September or early October. No one<br />
likes having this backlog, and we are all<br />
looking forward to having it eliminated.<br />
We appreciate the great effort that all<br />
our staff has made to try to keep up with<br />
a truly overwhelming workload.<br />
Other changes are more subtle. For<br />
example, in the complex department,<br />
trials are now scheduled in the mornings<br />
as well as the afternoons. And Department<br />
19 is trying an experiment in recalendaring<br />
trials. If the parties agree<br />
that their case will be ready for trial in<br />
the next thirty to sixty days, they can<br />
contact the clerk. The Court will try to<br />
get them on calendar in lieu of a case<br />
that was previously set but has settled.<br />
Of course settlement is still very important.<br />
We are fortunate to have the active<br />
assistance of the CCCBA which – together<br />
with Magda Lopez - is the engine<br />
that drives our alternate dispute resolution<br />
program. With their assistance, we<br />
were able to dispose of more than a thousand<br />
cases last year. We are on track to<br />
hit that number again this year.<br />
Although great attention is rightfully<br />
paid to alternate dispute resolution, and<br />
although much has been written about<br />
the demise of civil trials, that death has<br />
been much overstated. Indeed, as of this<br />
writing, four of the five civil departments<br />
are in the middle of trial. One department<br />
has been in trial two thirds of the<br />
time this year.<br />
Two years ago, writing in these pages,<br />
Judge Flinn discussed the use of e-filing<br />
in the complex civil department. He explained<br />
its benefits and looked forward<br />
to expanding its use to other unlimited<br />
civil cases and even some types of limited<br />
jurisdiction matters. He said “we<br />
are now very close to making e-filing<br />
available for all unlimited civil actions...”<br />
That was before the bottom dropped out<br />
of the budget. However, it is still a goal<br />
to be pursued once the budget situation<br />
improves. It seems inevitable that we<br />
will someday swap electrons for ink and<br />
paper. Change is, after all, inexorable, albeit<br />
slow. u<br />
10 September 2010
criminal law<br />
Hon. John W. Kennedy<br />
Supervising Judge<br />
With apologies to the<br />
A’s and the Giants,<br />
I would analogize<br />
our Criminal Courts<br />
trial team to the New York Yankees: We<br />
have an abundance of heavy hitters and<br />
a deep bench. We, however, manage to<br />
do it without steroids.<br />
Our Criminal Trial Departments<br />
are filled with a strong team of experienced<br />
trial judges. In Martinez, we have<br />
Judges David Flinn, Laurel Brady, Joni<br />
Hiramoto, Theresa Canepa, Jill Fannin,<br />
Leslie Landau, and John Laettner. Each<br />
of these Judges has the experience and<br />
ability to handle any felony trial, from<br />
the most routine petty theft with a prior<br />
to the most complex gang-related homicide.<br />
This depth of experience has given<br />
us a great deal of flexibility and the capacity<br />
to try the felony jury trials within<br />
the Speedy Trial time constraints and<br />
with less need to rely on our colleagues<br />
in the Civil Division.<br />
During the fiscal year ending June<br />
30, 2010, the District Attorney’s office<br />
filed 3,867 felony cases – almost exactly<br />
the same number as the prior fiscal year<br />
– and 9,728 misdemeanor cases, down<br />
from 11,300 last year. We tried 115 felony<br />
jury trials to verdict, including 20<br />
homicides and 23 sexual assault cases.<br />
We attribute much of our ability to<br />
dispose of all felony cases in a timely<br />
fashion to the efficient and effective<br />
Criminal Calendar work by Judge Brian<br />
Haynes. Judge Haynes combines his<br />
many years of experience in the District<br />
Attorney’s Office with his innate sense<br />
of fairness to resolve the vast majority<br />
of felony cases by plea agreements that<br />
are satisfactory to both sides. As the felony<br />
Calendar Judge, Judge Haynes also<br />
manages a heavy load and a wide variety<br />
of pre- and post-trial proceedings in<br />
felony cases.<br />
Judge Clare Maier currently oversees<br />
our Proposition 36 and Misdemeanor<br />
Domestic Violence calendars, as well as<br />
felony motions and Preliminary Hearings.<br />
Judge Maier guides these challenging<br />
cases with her boundless energy, her<br />
deep compassion, and her fortitude to<br />
hold people responsible for living up to<br />
their obligations. With our ever-shrinking<br />
budgets, the Prop. 36 Drug Court<br />
program is running out of funding. We<br />
are presently funded through March<br />
2011, and hope to secure additional<br />
funding to continue the program after<br />
that. The Drug Court no longer has a<br />
dedicated Probation Officer, so all Prop.<br />
36 defendants are placed on Court Probation.<br />
Judge Maier also supervises the<br />
more serious Misdemeanor Domestic<br />
Violence cases once the defendants are<br />
placed on probation.<br />
Judge Hiramoto continues to manage<br />
our Behavioral Health Court (“BHC”) in<br />
addition to trying felony jury trials. In<br />
its third year, the BHC gives specialized<br />
and tailored attention to defendants who<br />
are diagnosed with an Axis I mental illness<br />
and are charged with a non-violent<br />
felony or misdemeanor. They are usually<br />
placed on two years’ supervision with appropriate<br />
mental health treatment. After<br />
working without a Probation Officer for<br />
a year, the BHC is fortunate to have a<br />
dedicated Probation Officer, Ms. Eku<br />
Sako, thanks to a federal stimulus grant.<br />
The BHC has survived massive cuts in<br />
state funding due to the valiant efforts<br />
of the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Adult Mental<br />
Health Services, the Probation Office,<br />
the District Attorney, the Public Defender,<br />
the Sheriff, community groups,<br />
and Judge Hiramoto. Attorneys with<br />
clients who may be eligible for BHC services<br />
may contact Dr. Martha Wilson at<br />
(925) 646-1154 for information.<br />
Our Mount Diablo calendar has been<br />
ably handled by Judge Harlan Grossman<br />
and Visiting Judge Greg Caskey this year.<br />
Judge Grossman applies his nineteen<br />
years of bench experience to manage this<br />
high-volume calendar. Judge Caskey, our<br />
semi-permanent Visiting Judge, is a utility<br />
player with the ability to move from<br />
Mount Diablo to Pittsburg, to felony<br />
trials, to Family Court, and to Juvenile<br />
Court as the Court’s needs shift.<br />
We continue to have the wisdom and<br />
experience of the Dean of our bench,<br />
Judge Richard Arnason, who handles our<br />
felony probation calendar. With over 45<br />
years on the bench, Judge Arnason is a<br />
treasure trove of historical information,<br />
often based on his personal participation<br />
in the events that have shaped the <strong>Contra</strong><br />
<strong>Costa</strong> Superior Court.<br />
Judge Joyce Cram presides over our<br />
Elder Court, including criminal cases alleging<br />
crimes against elder victims.<br />
Each of our Branch Courts is supervised<br />
by a Judge of tremendous and varied<br />
experience. Our Pittsburg Superior<br />
Court is headed by Judge Steve Austin,<br />
who has served in the Family Court, Felony<br />
Trial, and Civil Trial departments, as u<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 11
well as the Branch Courts. Pittsburg is<br />
well served by Judges John Sugiyama,<br />
Trevor White, and Rebecca Hardie, and<br />
Commissioner Lowell Richards. We were<br />
thrilled to have Judge Hardie join our<br />
Bench and bring her wide breadth of civil<br />
and criminal experience to the Court.<br />
(Just don’t challenge her to a battle with<br />
paintball guns!) We all look forward to<br />
the opening of the Richard T. Arnason<br />
Superior Courthouse, presently scheduled<br />
for late October. This beautiful new<br />
courthouse will house courtrooms dedicated<br />
to Family Court, Juvenile Court,<br />
and arraignments, as well as four traditional<br />
courtrooms to handle the caseload<br />
from our ever-expanding East <strong>County</strong><br />
population.<br />
Our Richmond Superior Court is ably<br />
supervised by Thomas Maddock, who<br />
also has served in almost every division<br />
of our Court. The Richmond Court is<br />
fortunate to have Judges Peter Berger,<br />
Nancy Davis Stark, <strong>Bar</strong>bara Hinton, and<br />
Edward Weil, and Commissioner Robert<br />
Broughton. Judge Weil was appointed<br />
September 1, 2009, and graces us with<br />
a sharp intellect honed by the California<br />
Department of Justice (notwithstanding<br />
his fondness for skydiving). The George<br />
D. Carroll Superior Courthouse in Richmond<br />
keeps busy with a wide variety<br />
of civil, criminal, and traffic matters, as<br />
Judge Maddock reports in his article.<br />
Judge William Kolin, another Judge<br />
with long experience in several divisions<br />
of the Court, supervises our Walnut<br />
Creek Superior Court, with Judges<br />
Bruce Mills and George Spanos and<br />
Commissioner Joel Golub holding down<br />
the fort. Please see Judge Kolin’s article<br />
on the Walnut Creek Court for an update<br />
on their work.<br />
On March 30, 2010, our <strong>County</strong> Probation<br />
Officer, Lionel Chatman, retired<br />
after 34 years of service to <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong>. Mr. Chatman began as a Probation<br />
Counselor in 1979 and worked his<br />
way through the ranks until he was appointed<br />
as the <strong>County</strong> Probation Officer<br />
on September 1, 2004. Mr. Chatman is<br />
respected and admired for his innovation<br />
and professionalism in supervising the<br />
Probation Department, particularly during<br />
the difficult budgetary constraints of<br />
the last several years.<br />
We are excited to welcome Philip<br />
Kader as our new <strong>County</strong> Probation Officer.<br />
Mr. Kader joins us from the Fresno<br />
<strong>County</strong> Probation Department, where<br />
he began serving in 1981 and rose to<br />
hold several upper-level management<br />
positions. When you meet Phil Kader,<br />
you will find a particularly warm and<br />
friendly man with endless enthusiasm<br />
and a deep commitment to the community<br />
and to effective probation services.<br />
Our Court remains blessed with Judges<br />
and Commissioners who work hard,<br />
work well together, and strive to resolve<br />
the cases before them with fairness, justice,<br />
and integrity to the law.<br />
Now, if we only had the Yankees’<br />
operating budget . . . u<br />
Mark V. Murphy<br />
NEW SAN JOSE OFFICE!<br />
Personal Injury<br />
Referrals Requested<br />
Hon.<br />
Alfred<br />
Chiantelli<br />
(Ret.)<br />
Hon.<br />
James<br />
Emerson<br />
(Ret.)<br />
Hon.<br />
Richard<br />
Flier<br />
(Ret.)<br />
Hon.<br />
Richard<br />
Hodge<br />
(Ret.)<br />
Hon.<br />
David<br />
Lee<br />
(Ret.)<br />
Hon.<br />
Joanne<br />
Parrilli<br />
(Ret.)<br />
Over 25 years experience<br />
representing injury victims.<br />
Practice dedicated solely to<br />
Personal Injury.<br />
Each client given prompt,<br />
courteous attention.<br />
Antioch and<br />
San Ramon Offices<br />
925.552.9900<br />
Hon.<br />
Bonnie<br />
Sabraw<br />
(Ret.)<br />
Hon.<br />
Douglas<br />
Swager<br />
(Ret.)<br />
SAN FRANCISCO OFFICE<br />
Dorene Kanoh, VP<br />
50 Fremont St., Ste. 2110<br />
San Francisco, CA 94105<br />
tel 415.772.0900<br />
email dorene@adrservices.org<br />
Hon.<br />
James<br />
Trembath<br />
(Ret.)<br />
Stephen<br />
Blitch,<br />
Esq.<br />
www.adrservices.org<br />
Michael<br />
Carbone,<br />
Esq.<br />
Michael<br />
McCabe,<br />
Esq.<br />
NEW SAN JOSE OFFICE!<br />
152 North 3rd Street<br />
Suite 603<br />
San Jose, CA 95112<br />
tel 408.293.1113<br />
12 September 2010
Hon. Joyce Cram<br />
Supervising Judge<br />
Family law<br />
The Family Law Division, like<br />
all other divisions, has suffered<br />
from the serious budget<br />
shortfall. Although filings<br />
remain essentially unchanged, we are<br />
handling those filings, more than 4,000<br />
per year, with fewer staff. To deal with<br />
this shortage, we have recently closed<br />
the Self Help Desk at 2:00 p.m. so that<br />
staff can have time to deal with filing,<br />
computer entries and other necessary<br />
behind-the-scenes tasks.<br />
On the other hand, we have a dedicated<br />
long cause trial department, thanks to<br />
Judge Ben Burch, to help resolve trials in<br />
an uninterrupted and efficient manner.<br />
Having Judge Burch at the ready to hear<br />
these trials has helped tremendously to<br />
clear up the backlog of our long cause<br />
trials. In addition, we have enlisted the<br />
help of one of the foremost family law<br />
experts to help cover calendars when a<br />
family law judge is away. That expert, of<br />
course, is Jim Libbey. Rather than a department<br />
going dark and cases getting<br />
continued, we have been able to keep the<br />
calendars going without interruption. It<br />
is so nice to have someone to help cover<br />
our calendars who knows the staff, the<br />
calendars and the attorneys.<br />
Finally, with the retirement of Commissioner<br />
Don Green earlier this year, we<br />
had the same dilemma of how to cover<br />
his very heavy calendar. Rather than<br />
have coverage every couple of days or<br />
a week at a time, we looked for a better<br />
solution. Fortunately for us, Virginia<br />
George was available to the Court to fill<br />
in on a full-time basis, at least until the<br />
Governor appoints someone to fill the<br />
position, which is now a judicial vacancy.<br />
I have been told countless times by family<br />
and probate attorneys what a wonderful<br />
job Virginia is doing and how nice it<br />
is to have consistency in covering a high<br />
volume and difficult calendar.<br />
Last but not least we look forward to<br />
moving a family law department to the<br />
Richard E. Arnason Justice Center early<br />
next year. This will be most helpful to<br />
Roger F. Allen<br />
510.832-7770<br />
Ericksen, Arbuthnot<br />
155 Grand Avenue, Suite 1050<br />
Oakland, CA 94612<br />
rallen@ericksenarbuthnot.com<br />
families living in East <strong>County</strong> who will<br />
no longer have to commute to Martinez<br />
for family law matters. Hopefully<br />
it will also alleviate some of the wait<br />
time and congestion in Martinez. In the<br />
meantime Judges Cram, Treat, Scanlon,<br />
Burch and Fenstermacher, as well as<br />
Commissioners Berkow and Huffaker<br />
are doing an outstanding job in our family<br />
law division. u<br />
Northern California<br />
Mediator / Arbitrator<br />
14 years as Mediator<br />
23 years as Arbitrator<br />
31 years in Civil Practice<br />
• Training includes Mediation Course at<br />
Pepperdine University 1995<br />
• Serving on Kaiser Medical Malpractice<br />
Neutral Arbitrators Panel<br />
• Settlement Commissioner, Alameda and<br />
<strong>Contra</strong> <strong>Costa</strong> Counties<br />
• Pro Tem Judge, Small Claims, Alameda <strong>County</strong><br />
• Experienced in all areas of Tort Litigation,<br />
including injury, property damage, fire loss,<br />
malpractice, construction defect<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 13
juvenile<br />
Hon. Lois haight<br />
Presiding Judge of the Juvenile Court<br />
2010 has seen changes in <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong> Juvenile Court. We lost one<br />
judicial officer to another division which<br />
has impacted our courts tremendously.<br />
Calendars are larger and the cases are<br />
more complex. We have fewer clerks<br />
and shorter court hours due to budget<br />
constraints.<br />
The bench officers in Juvenile, Judges<br />
Smith, Davis, Stark, as well as Commissioner<br />
Houghton, have done a tremendous<br />
job juggling and balancing the<br />
cases this year with excellent teamwork<br />
between the judges and their staffs.<br />
A significant change in dependency<br />
has been the large reduction in dependency<br />
filings in West <strong>County</strong>. The result<br />
of this has been that when cases<br />
are finally filed, they are usually much<br />
more serious and take a lot more court<br />
and attorney time (not to mention the<br />
effect on children and families). The reduction<br />
in the above filings is offset by<br />
the enormous increase in dependency<br />
filings in East <strong>County</strong>. Our new juvenile<br />
court, which is expected to open in East<br />
<strong>County</strong> in November 2010, will be a<br />
welcome and much needed resource for<br />
those living and working in that area.<br />
We are all very excited about this new<br />
court and appreciate the opportunity to<br />
have greater access for our county participants.<br />
The budget issues, both state and local,<br />
have obviously affected many areas<br />
but I am pleased to report that our very<br />
valuable CASA (Court Appointed Special<br />
Advocates) program has remained<br />
stable and even increased its ability to<br />
serve the abused, neglected, abandoned<br />
and/or molested children in our <strong>County</strong>.<br />
Of all the programs we have to help<br />
children - and we have some very good<br />
ones - nothing comes close to the work<br />
of our wonderful volunteers in helping<br />
children grow to successful adulthood.<br />
They help create miracles, and when you<br />
add a good, loving foster home, a caring<br />
social worker and a devoted, committed<br />
attorney, we see wonderful results.<br />
Our delinquency statistics have remained<br />
approximately the same as last<br />
year throughout the <strong>County</strong> with very<br />
little change reportable.<br />
Our outstanding Chief Probation<br />
Officer, Lionel Chatman, retired this<br />
year after 27 years in probation. It was<br />
a big loss to probation to lose someone<br />
who has done so much for the department<br />
and the youth it serves. During his<br />
tenure, our valuable Orin Allen Youth<br />
Rehabilitation Facility increased all education,<br />
vocational and therapeutic programs.<br />
Their high school graduations<br />
rates are among the highest of all comparable<br />
programs in California.<br />
Our new Chief Probation Officer for<br />
both juvenile and adult, Mr. Phil Kader,<br />
was recruited from Fresno <strong>County</strong> and<br />
has been working with Mr. Chatman<br />
and others to learn about our <strong>County</strong>,<br />
and all reports regarding Mr. Kader are<br />
full of praise.<br />
We will have some new assignments<br />
in Juvenile soon for the year 2011. I can<br />
say without qualification, that those of<br />
us who work here love what we do and<br />
feel privileged and honored to be able to<br />
help protect children, reunite families<br />
when possible, and participate in adoptions<br />
when appropriate. Further, we sincerely<br />
appreciate the outstanding work<br />
of the attorneys who devote themselves<br />
to our youth and families. u<br />
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14 September 2010
Richmond Court<br />
The George Carroll Courthouse<br />
Hon. Thomas M. Maddock<br />
Supervising Judge<br />
2010 has been a great year at the<br />
George Carroll Courthouse in Richmond.<br />
Judge Hinton, Judge Weil,<br />
Judge Berger and Judge Stark join<br />
Commissioner Broughton and me as we<br />
hear all of the West <strong>County</strong> Felony Preliminary<br />
hearings (PX's), Misdemeanor<br />
Jury Trials, Small Claims cases and Appeals,<br />
Traffic cases, Domestic Violence<br />
cases, Unlawful Detainer matters and<br />
both Juvenile Dependency and Delinquency<br />
cases.<br />
We are operating with one less judge<br />
than historically assigned to this courthouse<br />
and through re-engineering of<br />
the calendaring and case assignments,<br />
together with the excellent staff effort,<br />
we are getting all the work done including<br />
any increases in case load.<br />
We have instituted a new trial by<br />
declaration procedure for traffic tickets<br />
when the defendant has failed to appear<br />
after notice and a signed promise to appear.<br />
This process allows us to eliminate<br />
a 5-year-old backlog on traffic tickets<br />
and also eliminate all of the warrants<br />
formerly issued. We have a new simplified<br />
request for trial de novo for such<br />
cases, when the defendant responds in a<br />
timely manner.<br />
There is also a new procedure for trials<br />
by declaration when requested by<br />
the defendant that eliminates unnecessary<br />
appearances. Finally, we have a new<br />
vendor for collection of traffic fines that<br />
will set up payment plans for those who<br />
require them, dramatically reducing the<br />
need for extra court appearances.<br />
Criminal trials are held on Mondays<br />
and Wednesdays. Felony PX’s are heard<br />
5 days a week. Unlawful Detainer cases<br />
are heard on Monday mornings as are<br />
Domestic Violence Restraining Orders.<br />
Law and Motion on criminal is heard on<br />
Tuesday and Friday afternoons and civil<br />
motions are heard Monday mornings.<br />
Traffic and small claims are heard Monday<br />
through Friday with extended hours<br />
to 8:00 PM on Wednesdays. Effective<br />
October 4, 2010 the Unlawful Detainer<br />
calendar will be heard by Commissioner<br />
Broughton, which will allow more time<br />
on Monday to start jury trials. u<br />
Walnut Creek Court<br />
Hon. William M. Kolin<br />
Supervising Judge<br />
The Walnut Creek branch Court of<br />
the <strong>Contra</strong> <strong>Costa</strong> Superior Court<br />
has three assigned judges: Judges Kolin,<br />
Mills and Spanos. Commissioner Joel<br />
Golub is also assigned to the Court for<br />
traffic, small claims and other 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<br />
on all misdemeanors and felonies arising<br />
from cases originating within those two<br />
judicial districts.<br />
We are primarily a trial court and have<br />
four jury trial settings each week. 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 />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 15
MCLE Spectacular<br />
Breakfast Kickoff <br />
MARK TUFT<br />
Partner, Cooper, White & Cooper; Vice Chair, State <strong>Bar</strong> of California, Commission<br />
for the Revision of the Rules of Professional Conduct;<br />
Co-Author, California Practice Guide on Professional Responsibility for <strong>Lawyer</strong>s<br />
Forces of Change in the Practice of Law:<br />
Who Will Be Ready and Who Will Be Responsible?<br />
Recent economic and regulatory developments foretell significant changes in the practice of<br />
law. Market conditions, technology, lawyer mobility and regulatory changes here and abroad<br />
pose new challenges and ethical responsibilities for California lawyers and law firms. This<br />
program will survey significant developments in the law of lawyers, including the comprehensive<br />
new set of rules the State <strong>Bar</strong> is recommending for adoption by the Supreme Court, regulatory<br />
changes proposed by ABA Ethics 2020, proposed new federal regulation of lawyers and<br />
recent court decisions on non-consensual screening, fees and professional liability.<br />
Book signing to follow presentation<br />
Luncheon <br />
TOM RUNDALL<br />
Professor and Former Executive Associate Dean,<br />
UC Berkeley’s School of Public Health<br />
The Challenge of Building a Better Health Care System:<br />
How does the Affordable Care Act propose to increase access,<br />
improve quality and lower the cost of medical care?<br />
After a contentious political struggle, Congress passed and President Obama signed into law<br />
the Patient Protection and Affordable Care Act (P.L. 111-148), an ambitious set of reforms<br />
designed to increase access to health insurance, slow the growth of health care costs, and<br />
improve the quality of care. But, there is a great deal of confusion and misunderstanding about<br />
what is included in the Act and when various reforms will take effect. This presentation will<br />
provide an overview of the major reforms and lay out the timeline for the implementation of<br />
these reforms.<br />
Afternoon Plenary <br />
GUY ROUNSAVILLE<br />
Director of Diversity at Allen Matkins;<br />
Co-founder, California Minority Counsel Program (CMCP)<br />
Diversity: Inside/Outside<br />
Schedule<br />
Breakfast Kickoff<br />
8:00-8:30am | Registration<br />
8:30-9:30am | Program<br />
1 hour Legal Ethics MCLE credit,<br />
plus book signing<br />
Concurrent<br />
Morning Seminars<br />
8:00-9:45am | Registration<br />
9:45-11:45am | Program<br />
2 hours MCLE credit | 6 Seminars<br />
from which to choose<br />
Luncheon<br />
8:00-11:45am | Registration<br />
12:00-1:30pm | Program<br />
1 hour General MCLE credit<br />
Concurrent<br />
Afternoon Seminars<br />
8:00-1:45pm | Registration<br />
1:45-3:45pm | Program<br />
2 hours MCLE credit | 6 Seminars<br />
from which to choose<br />
Afternoon<br />
Plenary Session<br />
8:00-3:45pm | Registration<br />
4:00-5:00pm | Program<br />
1 hour Elimination of Bias in the<br />
Legal Profession MCLE credit<br />
As General Counsel at Wells Fargo, Guy Rounsaville became a leader in workplace diversity on<br />
the “inside,” including co-founding the California Minority Counsel Program (CMCP). As head<br />
of Allen Matkins corporate department from 1999 – 2001, and now its Director of Diversity, he<br />
became such a leader on the “outside.” Join us as Guy Rounsaville discusses the strong correlation<br />
between solid business practices and good diversity practices and how together they<br />
positively impact a business’ bottom line.<br />
16 September 2010
MCLE Spectacular<br />
CONCURRENT<br />
MORNING SEMINARS<br />
9:45 – 11:45am | Registration 8:00am – 9:45am<br />
CONCURRENT<br />
Afternoon SEMINARS<br />
1:45 – 3:45 pm | Registration 8:00am – 1:45pm<br />
SEMINAR #1<br />
0.5 hour Ethics &<br />
1.5 hours General<br />
MCLE Credit<br />
SEMINAR #1<br />
SEMINAR #2<br />
2 hours General<br />
MCLE Credit<br />
SEMINAR #3<br />
2 hours Elimination<br />
of Bias MCLE Credit<br />
SEMINAR #4<br />
0.5 hour Ethics &<br />
1.5 hours General<br />
MCLE Credit<br />
SEMINAR #5<br />
2 hours General<br />
MCLE Credit<br />
SEMINAR #6<br />
2 hours Ethics<br />
MCLE Credit<br />
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Carolyn L. Rosenblatt R.N., Attorney & Mediator<br />
Dr. Mikol S. Davis CA Licensed Clinical, Psychologist,<br />
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Arlene Segal (Moderator)<br />
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Gender, Generations, and the<br />
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co-sponsored by CCCBA & its ADR Section | Speakers:<br />
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Claudia L. Bernard Chief Circuit Mediator, Ninth Circuit<br />
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Roger J. Brothers McNamara, Ney, Beatty, Slattery,<br />
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David M. Miller (Moderator)<br />
CCP 998 Offers to Compromise –<br />
The Pitfalls and How to Avoid Them!<br />
sponsored by CCCBA & its Appellate Section<br />
Speakers:<br />
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Division 3<br />
Gary A. Watt Chair, CCCBA Appellate Section,<br />
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Don Willenburg Partner, Gordon & Rees LLP<br />
How Technology Can Get You Sued<br />
co-sponsored by CCCBA and its Family Law Section<br />
Speakers:<br />
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David M. Lederman CFLS<br />
Carol Langford<br />
David S. Pearson<br />
From the Cradle to the Grave and<br />
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co-sponsored by CCCBA & its Criminal SectionSections<br />
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Make Lemonade! New Moneymaking<br />
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The ABC's of Domestic Violence<br />
Restraining Orders - What You Need<br />
to Know or May Have Forgotten<br />
co-sponsored by CCCBA & its Family Law Section<br />
Speakers:<br />
Hon. Joni Hiramoto<br />
Karen Olsen<br />
Ethical Issues for Labor and<br />
Employment <strong>Lawyer</strong>s<br />
co-sponsored by CCCBA & its Employment Law Sectio<br />
Speakers:<br />
Delia Isvoranu Filice, Brown, Eassa & McLeod, LLP<br />
Eric Angstadt Partner, Miller & Angstadt<br />
Carol Langford<br />
Putting Civility Back Into *&%$#&<br />
Civil Litigation (& Criminal Too)<br />
sponsored by CCCBA & its Litigation & <strong>Bar</strong>risters Sections<br />
Speakers:<br />
Hon. Joyce Cram<br />
Linda DeBene JAMS<br />
Michael J. Ney McNamara, Ney, Beatty, Slattery,<br />
Borges & Brothers LLP<br />
William B. Smith Abramson Smith Waldsmith LLP<br />
The Do's & Dont's of C&Ds - How not<br />
to get your Client sued<br />
co-sponsored by CCCBA and its Intellectual Property Section<br />
Speakers:<br />
Stuart J. West Managing Attorney, West & Associates,<br />
APC<br />
Charlotte Rodeen-Dickert Senior Associate, West &<br />
Associates, APC<br />
Running a Law Firm: Tips and Tricks<br />
for Solos and Small Firms<br />
co-sponsored by CCCBA and its Solo Section<br />
Speakers:<br />
David S. Pearson<br />
Dorianne Romero Plihon<br />
William A. Hickey<br />
Ann Dalsin<br />
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 17
High Tech<br />
Solutions<br />
in the Wake of the<br />
Budget Crisis<br />
by <strong>Bar</strong>ry Lynch<br />
Court IT Director<br />
In the April 2010 edition of the <strong>Contra</strong><br />
<strong>Costa</strong> <strong>Lawyer</strong>, the Court Executive<br />
Officer, Kiri Torre, described how the<br />
Superior Court planned to focus on technological<br />
solutions to maintain critical<br />
services to the public during the budget<br />
crisis and significantly reduced staffing<br />
levels. The Court has restructured its<br />
Information Technology Division and<br />
redirected the division’s efforts to better<br />
support judicial officers, staff, and the<br />
public.<br />
IT staff have been formed into two<br />
functional groups: infrastructure (hardware,<br />
software, network and phones); and<br />
application (case management systems<br />
(CMSs), statistics) support. The infrastructure<br />
group is focusing on the opening<br />
of the new Arnason Justice Center located<br />
in Pittsburg, and the complete overhaul<br />
of the Court’s data network. The applications<br />
group is upgrading the civil case<br />
management system, to better support<br />
statistical reporting, and automating<br />
manual clerical processes.<br />
So, how is the Court doing on some of<br />
the 2010 priorities listed in the April<br />
article?<br />
Telephone System Upgrade<br />
new Interactive Voice Response<br />
A (IVR) system to provide a menu of<br />
choices to obtain information 24/7 without<br />
needing to talk to a clerk: Draft<br />
telephone message scripts for the traffic<br />
and criminal divisions have been completed<br />
and are under final review; drafting<br />
the remaining<br />
operational areas of the<br />
Court begins in September.<br />
The complete system is planned to be<br />
in place by the end of the calendar year.<br />
E-Citations<br />
The electronic submission of traffic<br />
citations from participating agencies<br />
to the court to eliminate manual data<br />
entry and expedite case processing time:<br />
The Court is currently identifying local<br />
law enforcement agencies (LEAs) that are<br />
actively considering the use of hand-held<br />
electronic ticketing devices for issuing<br />
traffic citations. The Court’s goal is to<br />
create a single data exchange interface for<br />
all county LEAs to use to transfer data to<br />
the Court’s case management systems<br />
eliminating the need for manual clerical<br />
data entry.<br />
Credit Card Payments<br />
at the Public Counter<br />
The ability to pay by credit card at the<br />
public counters: The Court is completing<br />
the installation of additional<br />
telephone lines to support credit card<br />
machines at the public counter windows<br />
in all county courthouses. Credit card<br />
payments are scheduled to be effective<br />
November 1 st .<br />
Expansion of Information on the<br />
Court’s Web Site<br />
The Court is in the process of redesigning<br />
and enhancing its website. The<br />
18 September 2010
Business Planning, Information and<br />
Programs Division is completing the<br />
redesign of the public web site, with<br />
improved navigation and expanded, reorganized<br />
content. The new site will be<br />
available to the public by the end of 2010.<br />
Electronic Filing of<br />
General Civil Documents<br />
Addressing system issues affecting<br />
e-filing on complex civil litigation<br />
cases: The Court has identified the system<br />
problems affecting e-filing in complex<br />
civil cases and is working with the vendor<br />
to resolve them. Once the application<br />
updates have been installed, the Court<br />
will analyze the impact of e-filing on court<br />
staff resources before deciding whether to<br />
extend e-filing to general civil cases. This<br />
analysis is planned to be completed by the<br />
end of the calendar year.<br />
Stay tuned for further updates from the<br />
Court. u<br />
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 19
A Year of<br />
Great Change,<br />
Challenge and Opportunity<br />
for Our ADR Programs<br />
by Mindy Morgado, Deputy Executive Officer<br />
This past year has seen significant<br />
change in our Court’s<br />
Alternative Dispute Resolution<br />
(ADR) Program. In April<br />
of 2009, Mimi Lyster, who greatly<br />
enhanced our Court’s ADR program and<br />
supervised it with great success for many<br />
years, transitioned into her current role<br />
as Director of Business Planning, Information<br />
and Programs. Magda Lopez was then<br />
called upon to absorb the ADR Program<br />
Administrator responsibilities as part of<br />
her ongoing duties as Director of Court<br />
Programs and Services and she has done<br />
an outstanding job as well. The burgeoning<br />
budget crisis also forced us to make<br />
significant staffing reductions in the ADR<br />
program.<br />
Change continued, as Presiding Judge<br />
Mary Ann O’Malley expressed a desire to<br />
make service on the Court’s panel of civil<br />
mediators as attractive as possible for<br />
experienced litigators. Judge O’Malley<br />
worked with the Court’s ADR Committee<br />
- which is chaired by Hon. Judith Craddick<br />
and includes Hon. <strong>Bar</strong>ry P. Goode,<br />
Hon. Cheryl Mills, Magda Lopez and<br />
CCCBA attorney members Thomas<br />
Beatty, Andy Schwartz, Peter Mankin,<br />
David Miller, Kelly Balamuth, John<br />
Warnlof, and Lynn Yerkes - to determine<br />
the appropriate education and experience<br />
requirements for civil mediators. In late<br />
May of 2009, Judge O’Malley hosted a<br />
forum open to all CCCBA members to<br />
discuss this topic. By January of 2010,<br />
Local Rule 203 had been amended to allow<br />
persons with alternative qualifications to<br />
join the court’s civil mediation panel. The<br />
Court’s ADR Committee is completing<br />
the cycle by collaborating with the<br />
CCCBA’s ADR Section to create a fair<br />
and efficient process for evaluating these<br />
applications.<br />
The efficacy of the Court’s partnership<br />
with the CCCBA and its members, coupled<br />
with the ADR program’s well-deserved<br />
reputation for excellence, has ensured the<br />
ongoing success of the program. Our ADR<br />
panel has 300+ members who offer specialized<br />
expertise in 47 different subject<br />
areas. The overall settlement rate for cases<br />
referred to mediation remains in the 50%<br />
range and referrals to ADR continue at<br />
the rate of more than 1,000 each year.<br />
Surveys completed by participants in the<br />
ADR process routinely include comments<br />
such as this recent one: [our mediator]<br />
“was intelligent, thoughtful, concerned,<br />
compassionate and very effective.”<br />
In short, this has been a year of great<br />
change, great challenge and great opportunity<br />
for our ADR programs. u<br />
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20 September 2010
Doing Less<br />
with Less<br />
Impact of the State Budget Crisis on the Court<br />
Kiri Torre, Court Executive Officer<br />
The judicial branch faced a<br />
second full year of significant<br />
economic challenges in 2010,<br />
and it’s not over yet. The Court<br />
began to address the significant $7.46<br />
million budget gap by completely restructuring<br />
the top administrative team,<br />
instituting technology solutions to create<br />
more efficient operations, and enhancing<br />
its Court collections program. In addition,<br />
the Court instituted a hiring freeze to<br />
reduce personnel costs, renegotiated two<br />
of our three labor contracts, canceled the<br />
3% scheduled salary increase for managers<br />
and unrepresented employees, renegotiated<br />
several vendor contracts to reduce<br />
the cost of services, and eliminated all<br />
non-essential office expenses and equipment<br />
purchases. We cancelled various<br />
court building leases and consolidated<br />
those operations into the recently vacated<br />
office space at the Wakefield Taylor Courthouse,<br />
thus allowing the Court to eliminate<br />
building lease payments and reduce Court<br />
Security costs.<br />
After having eliminated all discretionary<br />
spending, however, it became evident<br />
that the Court would be forced to lay off<br />
staff to help meet the mandated budget<br />
reductions. The Court first eliminated all<br />
temporary worker positions through<br />
layoffs. Next, the Court made the very<br />
difficult decision to downsize its management<br />
ranks by eliminating four executive<br />
management positions and downsizing<br />
19 staff positions in virtually all classifications<br />
through layoffs. Through staff attrition,<br />
the Court continues to reduce personnel<br />
expenditures in order to help meet<br />
the mandated budget reductions.<br />
We started the 2010-11 fiscal year with<br />
16 fewer managers, 53 fewer permanent<br />
staff and 39 fewer temporary workers, a<br />
total reduction of 108 court personnel<br />
(over a 20 percent reduction). The clerk’s<br />
office hours were reduced by one hour,<br />
with the office closing at 2 p.m. each day<br />
to allow staff quiet time to process the<br />
work previously filed with the Court.<br />
Clerical backlogs formed in the areas of<br />
Misdemeanor Criminal, Limited Civil and<br />
Family 2336 Judgments. A plan to<br />
eliminate the backlogs was implemented<br />
by authorizing staff overtime in these<br />
targeted areas to bring the Court current.<br />
Over the past several years, the Court has<br />
been prudent in its expenditures building<br />
a modest reserve to allow the Court to<br />
provide a financial safety net, thus allowing<br />
the Court to address areas such as our<br />
clerical backlogs to help facilitate the<br />
timely adjudication of cases. Our plan will<br />
allow the Court to address the backlogs<br />
before the holidays, thanks to the dedication<br />
of our hard-working staff.<br />
The Court is now facing a remaining<br />
$2.8 million budget deficit in its operating<br />
budget, and is in desperate need of<br />
fiscal relief. In addition to the Court’s<br />
general operating budget, we have separate<br />
budgets for Court Security, Court<br />
Interpreters and Court Appointed Dependency<br />
Counsel. We were advised that these<br />
program areas will also face a budget<br />
shortfall, although no details have been<br />
provided as of yet.<br />
As of mid-September, the state has not<br />
yet adopted a budget for the current fiscal<br />
year. What does that mean for the Court?<br />
Since July, the Court has been receiving<br />
funds from the state to make staff payroll<br />
and has been drawing from its reserves to<br />
pay key vendors to maintain critical services<br />
to the Court, until the state adopts<br />
a budget. We are anxiously awaiting<br />
adoption of a state budget so we can plan<br />
our budget strategy for the remainder of<br />
the fiscal year, with the hope that some<br />
fiscal relief is provided to allow the Court<br />
to meet its mandates. u<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 21
Richard E. Arnason<br />
Justice Center<br />
Lucy Fogarty, Deputy Executive Officer<br />
The Richard E. Arnason Justice<br />
Center, a new, state-of-the-art<br />
courthouse will be opening at<br />
the beginning of November.<br />
It will be located at 1000 Center Drive<br />
in Pittsburg, adjacent to the present<br />
courthouse at 45 Civic Avenue, which was<br />
built in 1957. Once the new courthouse<br />
is open, the present building will be<br />
demolished and additional parking provided<br />
in its place.<br />
The facility is named in honor of Judge<br />
Richard E. Arnason. Judge Arnason, now<br />
88, retired as a judge in <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong> in 1995 after 31 years. He later<br />
joined the State's Assigned Judges Program,<br />
and now presides over Department<br />
28 in Martinez. Judge Arnason’s distinguished<br />
career has spanned more than<br />
sixty years in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> where<br />
he has served as a leader over the <strong>Bar</strong> and<br />
Bench. It is the Court’s privilege to bestow<br />
this honor on a living judge who has<br />
dedicated his life and devoted a<br />
career to justice in serving this<br />
community – he truly is an<br />
American icon.<br />
This courthouse is the first<br />
trial court project in California<br />
funded entirely by State Trial<br />
Court Construction Funds, a<br />
significant change from previous<br />
county-funded courthouse projects.<br />
It is the first project planned,<br />
designed and built through a<br />
partnership between the trial<br />
court and the Administrative<br />
Office of the Courts. The State’s<br />
Judicial Council, the policymaking<br />
body of the Courts, in a<br />
cooperative effort with the City<br />
of Pittsburg entered into a land<br />
exchange agreement for the<br />
construction site of the new courthouse.<br />
Construction began April 2009, and has<br />
a scheduled occupancy target date of early<br />
November 2010.<br />
The Arnason Justice Center<br />
will be two stories plus a lower<br />
level that will house an arraignment<br />
courtroom and hold incustody<br />
defendants awaiting<br />
courtroom appearances.There<br />
will be seven courtrooms for<br />
Traffic, Criminal, Family Law and<br />
Juvenile matters. At 75,000<br />
square feet, the building is 3<br />
times larger than the existing<br />
courthouse.<br />
To better serve the community,<br />
there will be 15 customer service<br />
windows, a self-help/ library<br />
center with a children’s waiting<br />
area, a jury assembly room,<br />
attorney-client meeting rooms,<br />
and 280 parking spaces when the last<br />
phase of construction completes. The<br />
building is being built “Green” with current<br />
construction waste diverted from<br />
landfills at a current rate of 80 – 83%.<br />
The project managers are aiming for a<br />
Silver LEED certification form the USGBC<br />
- U.S. Green Building Council. Building<br />
materials throughout were selected for<br />
high-recycled content, renewable content,<br />
and durability. The project includes many<br />
other energy efficient and low environmental<br />
impact design and construction<br />
methods and materials.<br />
This project has been a true collaboration<br />
between the Administrative Office<br />
of the Courts and the Superior Court of<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. u<br />
TOP LEFT: Architectual Rendering by HOK<br />
Architects;<br />
BELOW: Photo of Richard E. Arnason Justice<br />
Center, September 2010.<br />
22 September 2010
2011 JUDICIAL ASSIGNMENTS<br />
Diana Becton Smith<br />
Presiding Judge<br />
<strong>Bar</strong>ry P. Goode<br />
Assistant Presiding Judge<br />
MARTINEZ<br />
WALNUT CREEK<br />
Criminal Trials<br />
Judge John W. Kennedy<br />
- Supervising<br />
Judge Susanne Fenstermacher<br />
Judge David B. Flinn<br />
Judge John T. Laettner<br />
Judge Leslie G. Landau<br />
Judge Thomas M. Maddock<br />
Judge Mary Ann O’Malley<br />
Judge <strong>Bar</strong>bara Zúñiga<br />
Criminal Calendars<br />
Judge Brian Haynes - Felony<br />
Judge Clare Maier - Bray<br />
Judge Nancy Davis Stark<br />
-Annex<br />
Judge Richard E. Arnason<br />
- Probation<br />
Civil<br />
Judge <strong>Bar</strong>ry Baskin<br />
- Supervising<br />
Judge Steve K. Austin<br />
Judge Laurel S. Brady<br />
Judge <strong>Bar</strong>ry P. Goode<br />
- Complex Litigation<br />
Judge Cheryl Mills<br />
Commissioner Judith A. Sanders<br />
Probate<br />
Judge John H. Sugiyama<br />
Family Law<br />
Judge Joyce Cram<br />
- Supervising/ Family & Probate<br />
Judge Charles 'Ben' Burch<br />
- Family & Probate Trials<br />
Judge Jill Fannin<br />
Judge Penny M. Scanlon<br />
Judge Steve Treat<br />
Commissioner Josanna Berkow<br />
Commissioner Jeffrey D. Huffaker<br />
(Pittsburg)<br />
Juvenile<br />
Judge Lois Haight - Supervising<br />
Judge Judith Craddick (Martinez)<br />
Judge <strong>Bar</strong>bara Hinton<br />
(Juvenile Hall)<br />
Judge Joni T. Hiramoto<br />
(Richmond)<br />
Judge Stephen F. Houghton<br />
(Pittsburg)<br />
Judge William M. Kolin<br />
- Supervising<br />
Judge Harlan Grossman<br />
Judge Bruce C. Mills<br />
Commissioner Joel Golub<br />
Commissioner Ronald K.<br />
Creighton (Concord)<br />
PITTSBURG<br />
Judge Lewis Davis - Supervising<br />
Judge Rebecca Hardie<br />
Judge George V. Spanos<br />
Judge Trevor S. White<br />
Commissioner Lowell Richards<br />
RICHMOND<br />
Judge Theresa J. Canepa<br />
- Supervising<br />
Judge Peter A. Berger<br />
Vacant<br />
Judge Ed Weil<br />
Commissioner Robert<br />
Broughton<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 23
Question man<br />
Given the number of new judges on the bench,<br />
what can be done to ensure a strong relationship<br />
between the bench and the bar?<br />
More interaction between<br />
the bench and<br />
bar at events that allow<br />
the bench to meet with<br />
and mentor younger<br />
attorneys. The Robert<br />
G. McGrath American<br />
Inns of Court is a great example of a local<br />
organization that provides the bench an<br />
opportunity to interact with and mentor<br />
local attorneys, particularly those who<br />
are just starting their careers.<br />
David S. Pearson<br />
Law Offices of David S. Pearson<br />
May I suggest that the<br />
Judges host "meet and<br />
greet" at their respective<br />
court rooms as it<br />
is nice to meet and get<br />
to know the Judges<br />
and also their staff. The<br />
mixers are a nice touch as well, but again,<br />
it would be awesome to get to meet the<br />
entire staff along with the Judge.<br />
Jessica A. Braverman, Esq.<br />
Braverman Mediation & Consulting<br />
Tom Cain<br />
Law Office of Thomas W. Cain<br />
Have a bench-bar dinner<br />
and talent show,<br />
and a debate or moot on<br />
some lively and fun topic.<br />
Nothing like breaking<br />
bread together.<br />
We should host one judge per month<br />
to provide a short bio for the newsletter<br />
and to attend a CCCBA event (at which<br />
they appear on the event announcement<br />
and other program materials and will be<br />
introduced and invited to speak briefly).<br />
We should extend the same offer to private<br />
judges and ADR officials who serve<br />
the county bar.<br />
Lewis IV, Charles<br />
Pacific Gas and Electric Company<br />
In family law we’re<br />
used to new judges.<br />
They have never handled<br />
family law before,<br />
drop in for two years<br />
of purgatory, and then<br />
they’re gone.<br />
It would greatly smooth the relationship<br />
between the family law bar and<br />
our new judges if they could get more<br />
than two weeks minimal training before<br />
they’re asked to make decisions that affect<br />
the rest of people’s lives. Perhaps<br />
a one month internship with the existing<br />
judge including court time would<br />
help the transition. It would reduce the<br />
frustration of judges who feel inferior<br />
because they are called upon to make<br />
complex decisions by experienced attorneys<br />
who know infinitely more about<br />
the subject matter than they do and who<br />
are just as frustrated by amateurs telling<br />
professionals what should be done.<br />
Merritt Weisinger<br />
Walnut Creek Family Law Center<br />
I have found that for me the speakers'<br />
luncheon or mixers (where the judge<br />
speaks on a substantive legal topic or<br />
just introduces themself) are the best<br />
way to get to know the judge. The other<br />
great way is to get the opportunity to<br />
make many and frequent appearances in<br />
front of the judge (both regular and ex<br />
parte appearances). If this darn economy<br />
improves, that just might happen!<br />
Peter Sproul<br />
Mullen & Sproul LLP<br />
My concise response is:<br />
OBJECTION. Vague<br />
and ambiguous! (What<br />
realistically constitutes<br />
a "good relationship"<br />
between the bench and<br />
the bar?) A far better<br />
question would be: Please describe what<br />
would a "good relationship" between the<br />
bench and the bar mean to you? How<br />
would it look, feel and work? ( Such a<br />
question may increase the number of<br />
candid...and anonymous responses).<br />
Leonard J. Cook<br />
Attorney ~ Mediator<br />
To ensure a strong<br />
bench-bar relationship,<br />
don't waste court time<br />
in trial when disputes<br />
can and should resolve<br />
faster, at less cost and<br />
with greater satisfaction<br />
to all parties. MEDIATE!<br />
Joel Zebrack<br />
Law Office of Joel Zebrack<br />
24 September 2010
Why a Strong Bench-<strong>Bar</strong><br />
Relationship Matters<br />
by Matthew Talbot<br />
The most important services the<br />
legal profession can provide<br />
for the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
community are justice and<br />
peace of mind. The bench and bar must<br />
work together to provide timely and costeffective<br />
justice for the citizens of this<br />
<strong>County</strong>. Whether it is in the form of a<br />
smoothly probated will or an efficiently<br />
resolved rental dispute, peace of mind<br />
comes in all manner of forms.<br />
To help provide justice, it is important<br />
that the bench and the bar have a strong<br />
professional relationship. This is true from<br />
both sides of the equation. In these days<br />
of budget cuts and furloughs, Judges more<br />
than ever have to rely upon attorneys to<br />
act as the best officers of the court possible.<br />
When the Judges know they can<br />
trust an attorney to follow through on his<br />
or her word and treat all other parties with<br />
respect, it is much easier to resolve the<br />
matters before them. This benefits everybody<br />
involved.<br />
How can Judges build this trust in<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> attorneys? By taking<br />
part in local <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
events, either through the <strong>Bar</strong> <strong>Association</strong><br />
or the American Inns Of Court, that allow<br />
the bench and bar to build stronger relationships.<br />
The benefit for the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
practitioner is even greater. I know from<br />
personal experience how nerve-wracking<br />
it is to appear before a Judge you've never<br />
met before. These days, fewer and fewer<br />
attorneys appear enough times in front of<br />
the same Judge to build any real modicum<br />
of a professional relationship. The opportunity<br />
to build that relationship outside<br />
of the courtroom is invaluable for the<br />
attorney. Fortunately, <strong>Contra</strong> <strong>Costa</strong> is a<br />
county that provides many opportunities.<br />
Besides the Inns Of Court, another<br />
popular event is the "Get To Know Your<br />
Judges" evenings. A local law firm hosts<br />
an event after work where attorneys and<br />
Judges can mingle. Seeing a Judge in a<br />
relaxed atmosphere with a cocktail in hand<br />
can help remove a lot of the intimidation<br />
of seeing a Judge in a formal atmosphere<br />
with a gavel in hand. A pleasant discussion<br />
at one of these events can help quell<br />
the butterflies before a Court hearing days,<br />
weeks, or even months later.<br />
More than ever, the bench and bar need<br />
to work together to provide justice for the<br />
citizens of <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. With<br />
the economic uncertainty, these can be<br />
disconcerting times. Providing peace of<br />
mind to an unsettled populace is one of<br />
the greatest roles the bench and bar can<br />
play. Working together, we can do just<br />
that. u<br />
— Wanted —<br />
Will/Estate Contests<br />
Conservatorships<br />
You handle the estate, we do the contest.<br />
Cases, except conservatorships, often<br />
handled on a contingent fee basis, but can<br />
be hourly. Referral fee where appropriate.<br />
Pedder, Hesseltine,<br />
Walker & Toth, LLP<br />
oldest partnership in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong><br />
(since 1955)<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 />
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 />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 25
Gagen, McCoy, McMahon, Koss, Markowitz & Raines<br />
provides Generous annual Court<br />
Scholarship<br />
On August 13, 2010, the Court Scholarship Fund<br />
Committee and the <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> <strong>Bar</strong><br />
<strong>Association</strong> honored five rehabilitated criminal<br />
offenders with scholarship awards at the annual<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Court Scholarship ceremony presided over<br />
by First District Court of Appeal Justice James Marchiano.<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> Court Scholarship program was<br />
established in the early 1990’s by the local Bench and <strong>Bar</strong>. It has<br />
always been, and continues to be, the intention that this scholarship<br />
be re-named the Judge Arnason Scholarship upon his “actual”<br />
retirement from the Bench. It is his dedication to the justice<br />
system that prompted the legal community in <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong> to establish this scholarship in the first place.<br />
Scholarship Awards are generously provided by the Gagen,<br />
McCoy, McMahon, Koss, Markowitz & Raines law firm, which<br />
has participated as an annual awards sponsor for over a decade,<br />
the Tom Oehrlein Award in memory of a former public defender,<br />
Sheriff’s Charities Inc., and by individual contributions and proceeds<br />
from fundraising events.<br />
The purpose of the program is to provide much-needed financial<br />
assistance to people who have previously come before the<br />
criminal justice system and have set new goals to keep themselves<br />
out of the system in the future. Individual scholarships are granted<br />
to pay for tuition, books, childcare and other expenses related to<br />
their continuing education. u<br />
For more information about the Court Scholarship program,<br />
contact Michele Vasta at mvasta@cccba.org, or 925/370-2548.<br />
Judge Arnason (center) and Justice Marchiano (right) address<br />
Scholarship recipient Quintina Clark (left, seated) during the 2010 Award<br />
presentation.<br />
2010 Court Scholarship<br />
REcipients<br />
• Quintina Clark, who has been attending Los Medanos<br />
Junior College, and started her first semester at <strong>Contra</strong> <strong>Costa</strong><br />
College in Spring 2010. She is currently working towards her<br />
Bachelors Degree in Business Administration with a focus in<br />
Accounting.<br />
• David Turner, who is currently enrolled at Diablo Valley<br />
College and is working towards an A.S. Degree in Addictive<br />
Studies and an Addiction Counseling Certificate.<br />
• Caroline Mattie, who is attending Los Medanos Junior<br />
College and has almost completed her Welding Certification.<br />
• Keneithia Resino-Hopkins, who will start her first<br />
semester at <strong>Contra</strong> <strong>Costa</strong> Community College and is working<br />
towards getting her AA and BA to become a case manager.<br />
• Randy Gatewood, who is working towards his BS in<br />
Electrical Engineering while attending both Laney Community<br />
College and <strong>Contra</strong> <strong>Costa</strong> Community College.<br />
26 September 2010
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www.gtplawyers.com<br />
1800 Sutter Street, Suite 730 • Concord, CA 94520<br />
Phone: 925.459.8440 • Fax: 925.459.8445 • Email: eportillo@gtplawyers.com<br />
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<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 27
Pro Bono Spotlight:<br />
Frank Acuña<br />
by Craig Nevin & CCCBA staff<br />
This month, the <strong>Contra</strong> <strong>Costa</strong><br />
<strong>County</strong> <strong>Bar</strong> <strong>Association</strong>, The<br />
Law Center and <strong>Contra</strong> <strong>Costa</strong><br />
Senior Legal Services would<br />
like to acknowledge Frank Acuña. Frank<br />
and his entire firm embody a deep commitment<br />
to pro bono legal help, especially<br />
as it relates to helping seniors and their<br />
families.<br />
For the past four years, Frank Acuña<br />
and his staff have been supporters and<br />
volunteers at the Durable Power of Attorney<br />
Workshops. These clinics usually<br />
begin by focusing on both the events and<br />
the ways that elders can protect themselves<br />
and their families in case of incapacity,<br />
namely, Powers of Attorney and<br />
Advance Health Care Directives. Participants<br />
have the opportunity to have<br />
their questions answered and, if appropriate,<br />
set appointments to have simple<br />
incapacity documents prepared for them.<br />
Frank recalls how it all started, over<br />
pizza:<br />
“About 3 or 4 years ago, Virginia<br />
George, who was a professor at JFK at<br />
the time, and two of her students, Jackie<br />
Klein and Kwi Yong Lee, came to me and<br />
explained that they wanted to set something<br />
up for seniors who couldn’t afford<br />
legal services. They asked me, ‘Are you<br />
interested?’ So we met over pizza and<br />
started kicking around ideas on how to<br />
make this work. After that initial meeting,<br />
Virginia started recruiting the promotions<br />
team while we, as a law firm, committed<br />
to simply put together the nuts and bolts<br />
– coming up with the forms and the data<br />
files and so forth. Since then they’ve been<br />
recruiting attorneys in the community to<br />
where now the program has got legs and<br />
they don’t really need us anymore – we’re<br />
now just ordinary volunteers, which is<br />
great. We’re simply the troops.”<br />
Mr. Acuña, as many of you know, has<br />
been practicing Estate Planning and Elder<br />
law in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong> since 1991.<br />
When asked why, over the last 4 years,<br />
he and his firm have not just been supporters<br />
of - but also volunteers - at these<br />
clinics, Frank explains:<br />
“I am an Estate Planning and Elder<br />
Law attorney. I make a good living helping<br />
people, doing their wills, their trusts,<br />
their Powers of Attorney but there are so<br />
many people who can’t afford my services,<br />
especially seniors. And that’s what the<br />
motivation is. I also have great staff.<br />
Everybody here in the office has volunteered<br />
- whether as a copy clerk or a<br />
notary public or an attorney – everybody.<br />
It’s just something everybody here is<br />
passionate about, so all I had to do was<br />
say ‘yes – sure, we’ll do it’"<br />
Asked to elaborate on his deep commitment<br />
to helping seniors in particular,<br />
Frank continues:<br />
“Doing something for somebody else<br />
gives life meaning. Helping elders is<br />
especially rewarding because when you’re<br />
older, everything is about losing something:<br />
‘I’ve lost my husband, I’ve lost my<br />
wife, I’ve lost my ability to walk, I’ve lost<br />
my ability to drive, I’ve lost my neighborhood<br />
because I had to move to this new<br />
place’ and so on. Everything is related to<br />
loss, so there’s a lot of fear there. When<br />
you can work with an elder and explain<br />
things and take some of that fear away,<br />
that’s work that has real meaning.”<br />
By participating in these workshops,<br />
28 September 2010
Mr. Acuña knows that he not only helps<br />
the individual with whom he meets. Helping<br />
seniors helps alleviate the fears and<br />
worries related to facing end-of-life challenges<br />
for the whole family. Frank recalls<br />
some of the most troubling obstacles<br />
families face: "How do I take care of mom<br />
and dad when the hospital won’t talk to<br />
me? The doctors won’t talk to me because<br />
they’re afraid of liability for violating<br />
privacy rights. How do I help mom and<br />
dad pay their bills when the bank won’t<br />
talk to me?”<br />
With respect to volunteer work, and<br />
doing Pro Bono legal work, Frank likes<br />
to point out that attorneys have a special<br />
opportunity and obligation to give back<br />
to their communities: “When you are a<br />
lawyer – truthfully – you are a member<br />
of a very privileged part of this society.<br />
You understand how the game is played.<br />
You can manipulate the game. You have<br />
that special knowledge. With that comes<br />
an obligation and that obligation goes<br />
beyond doing it for a fee. You have got<br />
to give something back. This doesn’t<br />
necessarily just apply to attorneys – I<br />
think everybody has an obligation to make<br />
this a better place.”<br />
Youngman, Ericsson & Low, LLP<br />
1981 North Broadway • Suite 300<br />
Walnut Creek, CA 94596<br />
Tax <strong>Lawyer</strong>s.<br />
As with so many of our Pro Bono<br />
champions, this is not Frank’s only volunteer<br />
work. Before entering law school,<br />
Frank worked as a Junior High School<br />
teacher. Going back to his teaching background,<br />
he still enjoys working with kids,<br />
coaching soccer and working with junior<br />
High school youth clubs. “It makes Walnut<br />
Creek a better place to live and it<br />
gives the kids a better experience.”<br />
When Frank is not working or volunteering,<br />
he enjoys spending time with his<br />
family, especially his morning hikes in the<br />
Walnut Creek Open Space with his wife<br />
and their two border collies.<br />
The <strong>Contra</strong> <strong>Costa</strong> <strong>Bar</strong> <strong>Association</strong>, The<br />
Law Center and <strong>Contra</strong> <strong>Costa</strong> Senior Legal<br />
Services would like to acknowledge Frank<br />
Acuña for his dedication to providing Pro<br />
Bono legal work. For those readers who<br />
have not yet made or fulfilled their own<br />
Pro Bono commitment for 2010, Frank<br />
Acuña helps us recognize some of the<br />
many ways in which attorneys can assist<br />
indigent parties and assist their families<br />
in navigating through very difficult and<br />
emotional issues. For further information<br />
on how you can make and fulfill your Pro<br />
Bono commitment, please contact Craig<br />
Nevin at cnevin@LawNRS.com. u<br />
Frank R. Acuña, Managing Partner, at the<br />
Northern California Business & Real Estate<br />
Group of Kimball, Tirey & St. John, LLP, specializes<br />
in estate planning, probate, inheritance<br />
contests, and wealth transfer issues. Formerly<br />
known as Acuña & Casas, P.C., Frank Acuña's<br />
business joined forces with Kimball, Tirey & St.<br />
John, LLP of the Northern California Business<br />
& Real Estate Group to provides a broad spectrum<br />
of services for individual property owners and<br />
small business owners.<br />
(925) 930-6000<br />
Pro Bono<br />
How Pro<br />
Bono<br />
Benefits you:<br />
Increase your visibility in<br />
the legal and general communities<br />
| Gain valuable<br />
legal experience & expertise<br />
| Give back to the<br />
community | Earn good<br />
PR, possibly even State<br />
<strong>Bar</strong> awards and recognition<br />
| Increase respect for<br />
and appreciation of our<br />
profession | Expand your<br />
network of contacts | Add<br />
valuable community service<br />
commitments to your<br />
resumé<br />
How to Get<br />
Involved:<br />
Find out more at<br />
www.cccba.org under<br />
build-your-practice/<br />
pro-bono<br />
Call Michele Vasta<br />
Education & Programs Coordinator<br />
/ Section Liaison<br />
at<br />
(925) 370-2548 or<br />
mvasta@cccba.org<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 29
New members<br />
Sung Bae Park<br />
(559)908-2628<br />
William Briggs<br />
(530)640-1506<br />
Kathryn Clayton<br />
Kathryn Clayton Consulting<br />
(925)389-7319<br />
Max Cline<br />
The Cline Law Group<br />
(510)464-8068<br />
Robert Endries<br />
(925)683-9670<br />
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Favaloro & Associates<br />
(925)382-6287<br />
John Furstenthal<br />
Furstenthal Law Office, Inc.<br />
(925)284-1718<br />
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(925)429-5713<br />
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(510)273-2435<br />
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(415)577-6261<br />
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(415)205-5602<br />
Leora Lubliner<br />
(925)284-1075<br />
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(925)254-3398<br />
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(510)530-8865<br />
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(520)975-4261<br />
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(925)726-9220<br />
Anne Swanson<br />
(925)287-1065<br />
Emily Vance<br />
Fox & Bank<br />
Elizabeth Woods<br />
(707)373-3850<br />
2011<br />
Membership renewal drive<br />
starting 11/1/2010<br />
Renew online - It's fast and easy!<br />
The 2011 Membership renewal drive<br />
starts soon - We will send out an<br />
email broadcast reminding you to<br />
renew online at www.cccba.org/<br />
attorney.<br />
The first 250 members to renew online<br />
will be entered into a drawing.<br />
Details will be announced in the<br />
broadcast.<br />
30 September 2010
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 />
Konstantine A. Demiris<br />
Ruth Koller Burke<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> 31
The Law Offices of David M. Lederman<br />
Why YOU<br />
should make<br />
referrals to<br />
CCCBA’s<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 />
LRIS<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 />
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 />
as 20. Most people with Alzheimer’s don’t die from<br />
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 />
need caregiving and legal advice. According to the<br />
Alzheimer’s <strong>Association</strong>, approximately one in ten<br />
families has a relative with this disease. Of the<br />
four million people living in the U.S. with<br />
Alzheimer’s disease, the majority live at home —<br />
often receiving care from family members.<br />
If the diagnosis is Alzheimer’s,<br />
call elder law attorney<br />
Michael J. Young<br />
Estate Planning, Disability, Medi-Cal,<br />
Long-term Care & VA Planning<br />
Protect your loved ones, home and independence.<br />
n<br />
925.256.0298<br />
www.YoungElderLaw.com<br />
1931 San Miguel Drive, Suite 220<br />
Walnut Creek, California 94596<br />
• Our LRIS is the only<br />
State <strong>Bar</strong> certified &<br />
ABA approved lawyer referral<br />
service in our county<br />
• Our LRIS has been providing<br />
quality referrals as<br />
a public service since<br />
1978 • LRIS panel attorneys<br />
are required to meet<br />
specific experience requirements<br />
as a prerequisite to<br />
joining the service • Every<br />
LRIS attorney is required<br />
to carry malpractice insurance<br />
• Our LRIS has an<br />
experienced, friendly<br />
and knowledgeable staff<br />
to assist you!<br />
For more information,<br />
call LRIS Coordinator<br />
<strong>Bar</strong>bara Tillson<br />
at 925.370.2542<br />
32 September 2010
2011Membership Renewal<br />
starting November 1 st<br />
Renew Online -<br />
It's Fast & Easy !<br />
We will send out an email<br />
broadcast reminding you to<br />
renew online at<br />
www.cccba.org/attorney<br />
It's fast and easy:<br />
• Click the “Renew” link in the<br />
top right corner.<br />
• Log-in to your personalized<br />
application.<br />
• Review your current membership<br />
information and<br />
make any necessary changes.<br />
• Then fill-in the secure payment<br />
section using a major<br />
credit card, click “Submit<br />
Form” and you are renewed.<br />
• Renew early and you might<br />
win! The first 250 members<br />
to renew online will be<br />
entered into a drawing.<br />
First 250 members to renew on-line will be<br />
entered into a drawing.<br />
Details will be announced in the broadcast.<br />
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 33
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Roger F. Allen .....................13<br />
Armanino McKenna LLP ............14<br />
<strong>Bar</strong>r & <strong>Bar</strong>r Attorneys ..............31<br />
Diablo Valley Reporting Services......36<br />
Law Offices of Arlene Segal ..........25<br />
Law Offices of David M. Lederman....32<br />
Littler. ...........................27<br />
Mechanics Bank ...................19<br />
Mullin Law Firm ...................19<br />
Mark V. Murphy ...................12<br />
Myers-Stevens-Mello & Co...........35<br />
Palmer Madden ADR Services........30<br />
Pedder, Hesseltine, Walker & Toth ... 20,25<br />
David Pingitore, PhD ...............33<br />
Erika Portillo ......................27<br />
Paul Saad, Financial Advisor .........14<br />
Scott Valley Bank ..................34<br />
Candice Stoddard. .................20<br />
West .............................2<br />
Michael J. Young. ..................32<br />
Youngman, Ericsson & Low, LLP ......29<br />
Zandonella Reporting Service .......31<br />
Concord Law Offices Available<br />
Prestigious Trembath-McCabe building has<br />
multiple offices, two with fireplaces.<br />
Elegant Tudor style with fire resistant<br />
vault document storage. Ample parking.<br />
Please call Paul, 925.687.0111.<br />
Downtown Walnut Creek Office<br />
Local Walnut Creek business law firm has<br />
a lovely 130 sq' office for lease in professional<br />
and prestigious office suite with<br />
nice conference room. Office has access<br />
to receptionist, reception area, kitchen,<br />
copier, and spacious balcony overlooking<br />
downtown. Potential support staff desk.<br />
Central location close to shopping, dining,<br />
and BART. Building is handicap accessible<br />
and has lush central courtyard with<br />
fountain. Cleaning provided. $750/mo.<br />
Contact Jenny Cash at 925-944-3300/<br />
jenny@delahousayelaw.com.<br />
2 DOWNTOWN WC Offices –<br />
Large $1,345 - Small $850<br />
Cordial Walnut Creek Law Suite Downtown<br />
Kitchen + Conf. Rooms + Secretarial<br />
Poss. Overflow Call 925-935-5566<br />
professional announcements<br />
Probate paralegal to attorneys<br />
Joanne C. McCarthy. 2204 Concord Blvd.<br />
Concord, CA 94520. Call 925.689.9244.<br />
Private Investigator<br />
Bob Bailie Investigations can help to find<br />
that witness and confirm facts. Over 30<br />
years of experience. Call 925.934.4904<br />
or email bailiepi@aol.com for a seasoned<br />
professional. Lic. #2328. Get it done<br />
right!<br />
Eco office signage<br />
Signs for office, building, door and windows<br />
by 30-year experienced local sign company<br />
— www.EcoSignworks.com features new<br />
eco-friendly materials. Call 925.945.0700.<br />
To place an ad, please contact:<br />
Kerstin Firmin<br />
Communications Coordinator<br />
925.370.2542 | kfirmin@cccba.org<br />
34 September 2010
<strong>Contra</strong> <strong>Costa</strong> <strong>Lawyer</strong> 35
DIABLO<br />
VALLEY<br />
REPORTING<br />
SERVICES<br />
Certified Shorthand Reporters<br />
Serving the entire Bay Area<br />
• Deposition Reporting<br />
• Experienced Professional Reporters<br />
• Computerized Transcription<br />
• Deposition Suites Available<br />
• Expeditious Delivery<br />
• BART Accessible<br />
2121 N. California Blvd.<br />
Suite 310<br />
Walnut Creek, CA 94596<br />
925.930.7388<br />
fax 925.935.6957<br />
dvrs2121@yahoo.com