Nevada County. Bar Association Journal. September President s Message. Congratulations to. Child Advocates of

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1 September 2014 Nevada County President s Message Bar Association Journal Essay Scholarship Contest and Awards Dinner. The NCBA invites all high school students residing in Nevada County, who are in grades 9 through 12 as of August 13, 2014, to submit an essay for this contest. We are working on the High School Essay Contest and Awards Dinner. This year s theme is American Democracy and the Rule of Law: Why Every Vote Matters. Please mark your calendar and plan on joining us on November 6th. In addition, we will be honoring Hon. Sean Dowling for his decades of work on the bench. Steve Baker and Paul Johnson are heading this committee. If you would like to assist with fundraising or other general help, please contact them to see what they need. It is very inspiring to hear our young adults struggle with legal concepts and articulate their position. Please join us at the Holbrooke for dinner on November 6th. Please submit an essay of 500 words or less, to the following prompt: Rule of law and respect of law creates stability, continuity, and legitimacy of government. On occasion, however, disobedience of law has been used as a means for effecting change. Using examples from history what do you perceive to be the proper balance between respect for the law and disobedience to it? Looking into the future, do you perceive any issues where the balance between rule of law and disobedience may become an issue of importance? Submissions are due by October 6, First place essay contestant will receive a $1000 dollar scholarship, second place contestant a $500 scholarship, and third place contestant a $250 scholarship. The contest will culminate in an Awards Dinner at the Holbrooke Hotel on November 6, 2014, at 6:00 p.m. where the Honorable Sean Dowling, will be the guest speaker for this event. Members of the public are invited to attend the Awards Dinner. Tickets for the dinner cost $50 each. First, Second, and Third place winners, plus one guest of each, will be admitted into the Award s Dinner for free. The NCBA will notify the winners the week before the dinner that they have won a scholarship. The ranking of First, Second, and Third place will be revealed at the Award s Dinner. More details on Essay Submissions and the Awards Dinner, including information for obtaining tickets, can be found at nevadacountybar.com. CRC will hold their popular three-day mediation training on October 16, 17, and 18, 2014, from 8:30 a.m. to 5:30 p.m, at the Association of Realtors Building, Esterly Hall, 336 Crown Point Circle, Grass Valley. During this 25- hour basic mediation skills training, participants will learn how to convene and open a mediation, facilitate communication, encourage problem solving, balancing neutrality and fairness, and much more. Participants will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide participants with core mediation skills and training and hands-on experience as a mediator in a variety of simulations. Registration fee is $260 and includes lunch each day. Sign up online at Congratulations to Child Advocates of Nevada County CASA of Nevada County CASA Support for Services to Abused and Neglected Children recipients of a 2014 California Bar Foundation Grant

2 Nevada County Bar Association Journal Healthy Family Systems in Family Law How Do We Get There From Here? October 24 at Arden Hills Resort and Spa The Family Law Section of the Sacramento County Bar Association puts on a multidisciplinary training every October. This year we feel very fortunate to have Matt Sullivan, Steve Friedlander, and Bill Eddy with us to spend the day discussing their The Joint Working Group for California s Language Access Plan is seeking public comment through Sept. 29 on a draft Strategic Plan for Language Access in the California Courts. Following the public comment process, the plan presented to the Judicial Council for its review and adoption. Instructions for submitting comment are on the court s website. Enjoy a week in Legal London Want to visit London and learn about the inner workings of the English legal system? Now in its 26th year, the Litigation Section is hosting A Week in Legal London, April 19 through 24, 2015, giving participants the chance to expand their litigation skills and engage in thought-provoking discussions with members of the London legal community. Participants will attend sessions at the Supreme Court, the Royal Courts of Justice, and the Old Bailey, and attend luncheons at the historic Inns of Courts generally only open to the British legal community. The week concludes with a gala dinner in the House of Lords private dining room. In an effort to keep the program intimate, the cap on participants is 60, so register early. Go to for additional information about educational programs, registration and travel arrangements. For questions, contact Michelle McFadden at legallondon@mosaicevents.com or Use this form for fee disputes with clients As of July 1, attorneys who encounter a fee dispute with a client are required to use the State Bar s updated version of the Notice of Client s Right to Fee Arbitration form. The form, approved by the State Bar Board of Trustees on March 7, incorporates a handful of changes, including clarifying who can request fee arbitration and making it clear that more than one bar association may have jurisdiction to hear a fee dispute. The new version also contains the State Bar seal, a change made to ensure lawyers are providing clients with the correct form. Business and Professions Code the notice to their clients before or at the time of initiating a lawsuit, or other action to collect fees. Attorneys are legally required to use the State Bar s form not their own version put on Mandatory fee arbitration is designed to reduce the number of fee disputes that end up in court. The vast majority of fee disputes handled through the mandatory fee arbitration process are FAMILY LAW ATTORNEYS that are members of the LAWYER REFER- RAL SERVICE Panel: Representation in Family Law matters is the area must requested by potential clients at Lawyer Referral Service. Many of the requests start out with I don t have the money to hire an attorney. While a number of clients are able to access funds for representation at the going rate, there is a rising demand for moderate means representation. LRS has started a sub-panel of family law attorneys who have restricted their or no court appearances, or limited offer a lower hourly rate to the client. Following the lead of other counties, such as Contra Costa County, we will see if they are eligible to be referred to attorneys on this panel. You are currently on our family law panel rotation for full-fee referrals and we will continue to send you full-fee clients as they contact us. Are you also interested in receiving information about our proposed modest means subpanel? If so, please contact Jo Anne Stone, LRS Executive Director for details: superior court, saving the courts valuable time and money, said Doug Hull, director of the State Bar s Mandatory Fee Arbitration Program. - - During the Week, programs and activities designed to educate lawyers, parties, general public about mediation, and to promote the use of mediation are held throughout the world. This Year's theme is Stories Mediators Tell From Rookie to Veteran, Exploring the Spectrum of Mediation. The goal is to share inspirational stories of practitioners who want others to learn more about the art and science of mediation. The Section has produced an electronic toolkit with program / activity planning guides, talking points, theme, videos, mediation brochures that inform parties how to prepare for mediation in general civil, family, and commercial cases, sample proclamations and links for additional resources and other materials. It can be accessed at: dispute_resolution/events_cle/media- In addition, the Section is providing funds to promote Mediation Week. and the deadline is September 8, If you are interested in sponsoring an event, please apply for a grant to support it at americanbar.qualtrics.com/ SE/?SID=SV_9ytUDPrLVWmCukR.

3 Nevada County Bar Association Journal pre-admission competency training. TFARR developed a report proposing three competency training recommendations: 1. Pre-Admission: 15 Units of Practice-Based Experiential Training in Law 2. Pre-Admission and Post-Admission: 50 Hours Pro Bono/Reduced-Fee 3. Post-Admission: 10 Hours Competency Training MCLE/Mentoring Option TFARR released the report and recommendations to various stakeholders for unof- - for the three recommendations. Consistent with prior practice, TFARR II is releas- ment. TFARR II will review and discuss any feedback received at its next public hearing which is scheduled for Tuesday, Sept. 16 from 10:00 a.m. 3:00 p.m. in comment period and Board consideration. In particular, we thought you would be interested in the following proposed State new requirement for 50 hours of pro bono or reduced fee services and 15 hours of practical experience in order to be licensed for the bar. Obviously, it will be the choice of the court to determine if they would want to take on such an extern, but this may be a source of assistance for programs in the future. support center,8 a court-based self-help center,9 a law school legal clinic or law 6 Rule California Rules of Court, rule Please comments by Monday, Sept. 15 to: Teri Greenman Staff, Task Force on Admissions Regulation Reform Teri.greenman@calbar.ca.gov Dispute? Resolution! Judge Albert P. Dover (ret.) 2235 or at al@adrwithdover.com Visit the website for information on rates, fees, and services: Be Advised Notice: Nevada County Law Library no longer provides Westlaw or Shepard s. Please note that Auburn Law Library by Old Courthouse does provide Westlaw, WestlawNex and Nexus Shepard s for patrons. They are open Monday Friday 8-5 and Tuesdays 8-8. FYI: For parties petitioning for multiple siblings or minors. A separate Guardianship set for each minor must be We have selected Quest Intelligence Service to conduct conservatorship investigations for the court. They have been providing this service on an interim basis since November of 2013 and will continue doing so on a more long-term contract.

4 Nevada County Bar Association Journal EXPERIENCED ASSIGNMENT COURSES OCTOBER 6 10, 2014 JUDICIAL COUNCIL, SACRAMENTO FOR JUDGES, COMMISSIONERS, REFEREES, PROBATE EXAMINERS AND PROBATE ATTORNEYS (Monday Wednesday) This course is designed for judges, commissioners, probate attorneys and probate examiners who have been in their assignment for more than 2 years. Topics will include: accountings, capacity and science of aging, elder abuse, ethics, LPS, and a legal update on probate and mental health. FOR JUSTICES, JUDGES, COMMISSIONERS, REFEREES, AND COURT ATTORNEYS (Thursday Friday) This course will provide judges and court attorneys with a procedural and substantive framework with which to analyze and efficiently deal with the issues presented by a challenge made under CEQA to the approval of a public or private project. FOR JUDGES, COMMISSIONERS, AND REFEREES (Monday Wednesday) This course focuses on evidence topics and issues which are common in both civil and criminal cases and will include breakout sessions emphasizing matters exclusive to each assignment. --

5 Nevada County Bar Association Journal PS: Visit the very impressive & informative Nevada County Historical Society website at or our YouTube site to view our Oral Interviews at LOOKING FOR WAYS TO EXPAND YOUR CLIENT BASE? Family Law Fast Track Training - Trauma Informed Advocacy On October 18, 2014, Domestic Violence Sexual Assault Coalition (DVSAC) is offering a FREE workshop, with limited civic commitment, from 9:00a.m. to 5:00p.m.for attorneys interested in such an opportunity). Lunch is included. If you attend only for the MCLE units, this training is $75. Benefits of workshop completion include: Placement on the DVSAC Trauma-Informed Attorney Referral List* Fulfillment of your State Bar pro bono recommendation Trauma-Informed Domestic Violence Fast Track Certificate Inclusion on the LRS Referral List as having attended DVSAC is a non-profit organization that offers resources for building healthy relationships and works with community partners to provide services for healing the effects of interpersonal violence.once a month, DVSAC offers a free family law legal clinic for victims of domestic violence. This Fast Track training provides the required Trauma-Informed teaching for attorneys who desire to work with victims of domestic violence. *Attorneys who have completed this training and volunteer at the legal clinic a minimum of three timesa year will also be included on the DVSAC direct attorney-referral list. The DVSAC legal clinic provides legal information and document review for all family law matters (restraining orders, dissolution of marriage, separation, annulment, parentage, child custody, child visitation, child support, spousal support, and property division). On Thursday October 23, 2014 (10 a.m. to 2 p.m.), all training participants are invited to attend the legal clinic for experiential training with clients. If you're new to family law, this would be a great way to learn the complexities of family law with a variety of cases. If you're an experienced family law attorney, we could use your wisdom and insight in guiding participants through the legal process. Historic structure built by famous Gold Rush attorney, Judge Niles Searls in cupancy of three generations of Searls lawyers for 53 years, including one Chief Justice and one Associate Justice of the California Supreme Court. This 142- year old iron-shuttered brick building is located conveniently directly opposite the Courthouse. Searls Historic Library is moving to a new location and the property must be sold. Asking price is $249,900 and is negotiable. Library is open 1-4 pm, Monday- Saturday, so stop in for a tour and viewing. Contact Historical Society Daniel Ketcham for more prop- at President@NevadaCountyHistory.org

6 Nevada County Bar Association Journal BY PAUL PAYNE THE PRESS DEMOCRAT An East Bay lawyer convicted of having methamphetamine at the Sonoma County courthouse was arrested Tuesday on new drug charges when deputies searched her car after being notified of a dog locked inside, a sheriff s sergeant said. Attorney Shell Kaminsky, 34, of Pleasanton was at the courthouse to be sentenced for the July 2013 incident in which witnesses said she tried to pass through court security with drugs in her purse. Judge Julie Conger ordered her to attend a drug treatment program after throwing out a more serious trespassing charge that could have made her eligible for jail. But while Kaminsky was in court receiving her sentence, courthouse deputies responded to a report of a dog locked in a running car outside the Hall of Justice, Sgt. Dave Thompson said. Deputies searched the car after discovering its registration was invalid and found small amounts of what appeared to be meth, heroin and marijuana, as well as more than 20 syringes, Thompson said. This thing kind of snowballed, said Thompson. Kaminsky was arrested when she emerged from court. Baggies filled with prescription pill bottles, cash and other items, including a license plate, lay scattered across her hood as she sat in a nearby patrol car. Thompson said the dog was unharmed. The car s air conditioning was left on as temperatures reached into the 80s. Kaminsky was to be booked on multiple counts of felony drug possession but not animal abuse, Thompson said. She made headlines last year after getting caught with drugs on her way into the courthouse. She was representing a man being tried in a Santa Rosa car show beating at the time. In the 2013 case, witnesses said Kaminsky fled, leaving her bags behind, after a security guard found drugs in her purse or briefcase. She was arrested in a nearby parking lot after trying to walk away from deputies, police said. She was convicted of two counts of misdemeanor drug possession earlier this summer at her court trial. But Conger found her not guilty of attempting to avoid a security screening. Kaminsky received her license to practice law in It remains active with no record of discipline, according to the state bar website. By MAURA DOLAN A federal appeals court unanimously overturned a Southern California man's second-degree murder conviction Tuesday, ruling that a Los Angeles prosecutor improperly struck a prospective juror because she was a Latina. The U.S. 9th Circuit Court of Appeals said Anthony Castellanos, convicted of second-degree murder for a fatally shooting a 12-year-old, deserved a new trial because the prosecutor used a factually erroneous reason for removing the woman. During jury selection in 2005, Castellanos lawyer argued that the prosecution struck four prospective Latino jurors because of their ethnicity. The prosecutor denied the discrimination, and the trial judge allowed the strikes. The jury that eventually convicted Castellanos had seven Latinos, four non-latino whites and one Asian. Castellanos argued on appeal that the four Latinos had been removed because of race, which the U.S. Supreme Court has prohibited. The 9thCircuit said the removal of only one juror because of race was enough to grant Castellanos a new trial and based its ruling on the strike of the woman. The three-judge panel said the prosecutor's reason for the strike was not supported by the evidence. Castellanos, a resident of Bell Gardens, was 17 at the time of the crime. He was in his apartment with two neighbors, Joey and Nicky Holguin, ages 11 and 12. Prosecutors said Castellanos shot Nicky in the head because he refused to join a gang. Castellanos was sentenced to 25 years to life. The three-judge panel s ruling overturned decisions by a California state appeals court and a federal district judge.

7 Nevada County Bar Association Journal Valerie Logsdon- President (530) Michael Cobden - Vice President (530) cobdenlaw@gmail.com Jon di Cristina - Secretary (530) jdcristina@cllaw.us Nancy Christie - Treasurer (530) nancychristielaw@gmail.com Joe Bell (530) attorney@bellslaw.com Paul Johnson Rosemary Metrailer ADR Section Chair (530) rmetrailer@metrailer.com Jennifer Walters Criminal Law Section Chair Susan Corcoran Family Law Section Chair (530) scorcoran@scorcoranlaw.com Maralee Nelder Fee Arbitration Program Admin. (530) mnelder@nccn.net Dept. I: Dept. II: Dept. III: Dept. IV: Dept. V: Dept. VI: Presiding Judge Heidelberger Judge Sloven Judge Thomsen Judge Anderson Commissioner Durant Judge Dowling Dept. A (Truckee Branch) Judge Tamietti Dept. B (Truckee Branch) Commissioner Durant Helen Cavanaugh - Newsletter Editor (530) , helen.cavanaugh@nevadacountycourts.com Lindsay s Custom Printing - (530) TRIALS DIGEST: Summary of Trials, Awards, Settlements and Arbirations Verdict: Defense Plaintiff allegedly denied promotion due to disability, terminated for reporting misconduct;; defendant denied any discrimination and/or retaliation and alleged plaintiff was terminated due to her own action of deliberately and fraudulently creating false client Services Inc., Los Angeles County Superior Court, defense attorney: Margaret Manton Verdict: Defense Jury rejected driver s claims of injury from driving over county s chains;; jury found persuasive the testimony of defense expert Tack Lam, Ph.D. and M.D., a practicing physician for Kaiser who inspected and tested an exemplar van and drove it over the - Settlement: $350,000 Defendants out-of-control vehicle caused a rollover accident;; defendants did not deny Settlement: $1,500,000 Patron slipped and fell on grease spill at Nation s Hamburgers, allegedly causing Cen- Alter ego Decision: $2,192,000 Former vice president awarded commissions and salary against defendant Bernhard Keppler, individually, on an alter ego theory on a showing that the corporation had v. NLP International Corp., Butte County Superior Court, plaintiff attorney: Robert A. Decision: $6,338,491 Plaintiff alleged that an on-duty border patrol agent operating a government-issued vehicle sped through a blind turn on an unpaved mountain road at an unsafe speed and collided with plaintiff motorcyclist causing a traumatic below-the-knee amputation Settlement: $400,000 Defendant s pit bull bit plaintiffs child in the face and lip;; defendant s insurer contended - Settlement: $4,500,000 Framing worker fell through an unsecured roof opening allegedly causing traumatic brain injury and thoracic and lumbar fractures;; defendants contended that crossdefendant Bantus, plaintiff s employer, was primarily at fault for creating the opening Settlement: $375,000 Plaintiffs contended that a patient-controlled analgesia pump was not functioning properly and contended that pulse oximetry alarms were not working properly and that had the alarms been working in accord with industry standards, nursing staff would have - Editor s Note: California Bar Journal publishes this abbreviated summary of important trials in California and the nation provided by Trials Digest. To report your case results, go to or call

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