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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


“NOW WE<br />

CAN SPEND<br />

LESS TIME<br />

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© 2010 Thomson Reuters L-361643/8-10 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.


<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 />

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152 North 3rd Street<br />

Suite 603<br />

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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 />

Planning for the Inevitable – The<br />

Sale of Your Law Practice or Post<br />

Death Legal Proceedings<br />

co-sponsored by CCCBA, its CGPT, Elder Law & Taxation<br />

Sections | Speakers:<br />

Commissioner Don E. Green Ret.<br />

Carolyn L. Rosenblatt R.N., Attorney & Mediator<br />

Dr. Mikol S. Davis CA Licensed Clinical, Psychologist,<br />

M/F/C Counselor<br />

Norman C. Lundberg Masterson, Calhoun & Lundberg<br />

Mark Ericsson Youngman, Ericsson & Low, LLP<br />

Arlene Segal (Moderator)<br />

Litigating in the 21st Century<br />

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Wendy Graves Certified Reporting Services<br />

Brad Lipetz Benchmark Video Deposition Services<br />

Gender, Generations, and the<br />

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co-sponsored by CCCBA & its Women's Section<br />

Speaker:<br />

Hon. Alice Vilardi & friends<br />

A Day in the Life of a Mediator:<br />

Vignettes of What Can and Does<br />

Happen in Mediation<br />

co-sponsored by CCCBA & its ADR Section | Speakers:<br />

Hon. Richard S. Flier Ret.<br />

Claudia L. Bernard Chief Circuit Mediator, Ninth Circuit<br />

Court of Appeals<br />

Roger J. Brothers McNamara, Ney, Beatty, Slattery,<br />

Borges & Brothers, LLP<br />

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 />

Justice Stuart R. Pollak First District Court of Appeal,<br />

Division 3<br />

Gary A. Watt Chair, CCCBA Appellate Section,<br />

Partner, Archer Norris LLC<br />

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 />

Dana L. Santos CFLS<br />

David M. Lederman CFLS<br />

Carol Langford<br />

David S. Pearson<br />

From the Cradle to the Grave and<br />

Beyond<br />

co-sponsored by CCCBA & its Criminal SectionSections<br />

Speakers:<br />

David Pingitore Ph.D., Q.M.E.<br />

Patrick O'Reilly Ph.D.<br />

Make Lemonade! New Moneymaking<br />

Opportunities For Your Law<br />

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sponsored by CCCBA | Speaker:<br />

Martin Dean Essential Publishers, Inc.<br />

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 />

SEMINAR #7<br />

1 hour Substance<br />

Abuse & 1 hour<br />

General MCLE<br />

SEMINAR Credit #1<br />

SEMINAR #8<br />

0.5 hour Ethics &<br />

1.5 hours General<br />

MCLE Credit<br />

SEMINAR #9<br />

2 hours General<br />

MCLE Credit<br />

SEMINAR #10<br />

2 hours Ethics<br />

MCLE Credit<br />

SEMINAR #11<br />

1.5 hours Ethics &<br />

0.5 hour General<br />

MCLE Credit<br />

SEMINAR #12<br />

2 hours General<br />

MCLE Credit<br />

SEMINAR #13<br />

1 hour Ethics &<br />

1 hour General<br />

MCLE Credit<br />

<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 />

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AV Martindale-Hubbell<br />

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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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<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 />

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(559)908-2628<br />

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Kathryn Clayton<br />

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(510)464-8068<br />

Robert Endries<br />

(925)683-9670<br />

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(925)382-6287<br />

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(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 />

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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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ADR Services, Inc. .................12<br />

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

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