Res Ipsa Loquitur The Official Publication of the Kern County Bar Association

Transcription

1 Res Ipsa Loquitur The Official Publication of the Kern County Bar Association THE HONORABLE GARY T. FRIEDMAN, KERN COUNTY SUPERIOR COURT, RECEIVES 2005 BENCH & BAR AWARD By Brenda A. Enderle The Kern County Bar Association's list of past Bench & Bar Award recipients represents the best and the brightest in the Kern County legal community, both past and present. On Thursday, May 5, 2005, members of the legal community and distinguished guests gathered at the Petroleum Club as the KCBA added yet another distinguished name to that list: the Honorable Gary T. Friedman of the Kern County Superior Court. Bench & Bar Award Program Chair Susan Gill and KCBA President Thomas Clark emceed the event. The Honorable Louis Etcheverry, Judge Friedman's cousin, gave the invocation. Mayor Harvey Hall declared May 5, 2005, as Gary T. Friedman Day in Bakersfield for Friedman's many contributions to the community and to the legal profession. State Bar of California President John Van de Kamp traveled to Bakersfield to congratulate Judge Friedman and provide remarks on the state of the legal profession. Stephen Clifford of Clifford & Brown, the 1998 Bench and Bar Award Recipient, warmly introduced Judge Friedman, a friend whom Clifford has known for many years. Clifford regaled the audience with anecdotes about Friedman, including his Vol. XXVII Issue XXIX O June 2005 upbeat personality, his love of food and his tendency to offer a Diet Pepsi to guests in his chambers. Friedman is known for his gracious and courteous treatment of everyone who enters his courtroom. He also is known for his settlement conferences, which Clifford noted that Friedman conducts "with the skill borne of a good, deep understanding of people and how they operate. Knowing people is Gary's strong suit." "Judge Friedman is dedicated to the furtherance of justice delivered in the most human and personal but effective and efficient way," Clifford said. Born in Bakersfield, Judge Friedman graduated from Garces Memorial High School, Bakersfield College, the University of California, Santa Barbara, and the University of California, Berkeley, Boalt Hall School of Law. Judge Friedman began his legal career in Bakersfield as a Deputy District Attorney and Special Prosecutor for the Kern County District Attorney. From , Judge Friedman was a member of the firm of King, Eyherabide, Anspach, Friedman, Robinson & Pearl. Prior to his elevation to the bench, he was a member of the firm DiGiorgio, Davis, Klein, Wegis, Duggan & Friedman and also served as a part-time U.S. Magistrate for the U.S. District Court, Eastern District of California. Bench and Bar Award continued on Page 8

2 PRESIDENT S MESSAGE Judicial Independence by Thomas S. Clark For those of you who missed our Bench and Bar/Law Day dinner, we were honored by the presence of State Bar President John Van de Kamp. Mr. Van de Kamp discussed issues of judicial independence and mentioned the recall campaign against Sacramento County Superior Court Judge Loren McMaster. A special interest group [see has targeted Judge McMaster for recall because he declined to hold that the Domestic Partnership Act was unconstitutional-a decision that was upheld by the Court of Appeal, Third Appellate District [Docket # C048378, filed April 4, 2005]. The number of political attacks against judges is increasing. As recognized by the drafters of our Constitution, our judiciary is too important to be abandoned to momentary political whims. Individuals have always had the right to criticize the judiciary, finding fault with various decisions and orders with which they disagree. We are now seeing something different-judges responsible for considering difficult legal issues subjected to criticism and pressure from special interest groups who criticize the results of the decisions rather than the legal reasoning. Judges are increasingly being held up as scapegoats over some of the hot-button social issues of our time, such as same-sex marriage, the Pledge of Allegiance, flag desecration,tort reform,etc. Some of these critics know better. The public is rarely told the truth-courts can only consider matters properly presented to them; they decide issues after careful consideration of the legal principles and precedents involved; they often present written, carefully reasoned rulings; and there are appellate courts reviewing their decisions. As a result of the attacks by ill-informed critics and special interest groups, there is a real danger that larger numbers of the public are becoming cynical about the fairness and equity of our courts. In contrast to many of the nations of the world, we are a President s message continued on page 3 IN THIS ISSUE 1 The Honorable Gary T. Friedman, Kern County Superior Court, Receives 2005 Bench & Bar Award By Brenda A. Enderle 3 Etcheverry Appointed Judge By Christopher Hine 5 The View From The Watershed By Jay Smith Solo Corner By Gabriole Zeviar-Geese 10 Leadership Bakersfield Honors Long-Term Care Ombudsman Volunteers-GLBA By Mary McCabe 11 HISTORY COLUMN By Susan Gill 13 An Appealing MCLE By Jennifer Thurston 14 The Probate Report By Susan Salvucci 15 Mentoring Organization Founded by Attorneys Adopts New Name By Susan Peninger, Program Director, VIP Kern Volunteer Attorney Program of Kern County (VAP) By Jill Platt 17 From the Circular File By F. Lee Smedley, Legal Affairs Correspondent Advocatus Caecus By C.M. (Bud) Starr II 18 Judge Anspach Appoints A CASA Volunteer To The 1000th Kern County Child By Maggie Cushine CALENDAR OF EVENTS JUNE - 18 MCLE - Substance Abuse JULY - 23 Criminal Defense Section Summer Social AUGUST - 17 MCLE - Ethics Hotline SEPTEMBER 8 - Bar Leaders' Conference California Bar Association Annual Meeting San Diego OCTOBER Judicial Appreciation 29 MCLE Spooktacular - Cal State Bakersfield Kern County Association O 1675 Chester Avenue Suite 220 O Bakersfield, CA O (661) Fax (661) info@kernbar.org O 2

3 President s message continued from page 2 nation of laws. Other countries are astounded to see that adherence to law and legal principles can lead to the resignation of a powerful President (in the Watergate scandal) or can lead to the peaceful transition of power to a new president who received less popular votes than his opponent. Mr. Van de Kamp pointed out that a Bush vs. Gore court decision in many other civilized countries would result in riots, attempted revolution, and widespread disobedience to the court's orders by numerous supporters of the adversely affected candidate. Political pressure on judges undermines the public confidence in our judicial system (without which the system cannot long be effective), jeopardizes the court's role as a neutral forum to resolve disputes, and undermines the system of "checks and balances" set forth in our Constitution.O ETCHEVERRY APPOINTED JUDGE By Christopher Hine Louis P. Etcheverry, has been appointed Kern County's newest Judge by Governor Schwarzenegger. Judge Etcheverry had previously served as a Court Commissioner after being selected by the Kern County Superior Court judges in MICHAEL BURGER & ASSOCIATES 3512-B Coffee Road Real Esate Appraisal & Consultation Commercial Industrial Agricultural Residential Apartments Right-Of-Way Estates Condemnation Divorce Family Planning Probate We Service the Entire San Joaquin Valley (661) Prior to being selected as Commissioner, Judge Etcheverry practiced law in the Bakersfield area after being admitted to the California Bar in December He practiced both civil and criminal law in state and federal court. Judge Etcheverry also acted as an Arbitrator and Discovery Referee for Kern County Superior Court and served as a Judge Pro Tem for the Family Law Department from 1979 through In addition, Judge Etcheverry served as a part-time U. S. Magistrate Judge from 1984 until he was selected as a Commissioner. Judge Etcheverry was born in Bakersfield and attended local grammar schools and Garces Memorial High School. He served 10 years in the United States Marine Corps as an aviator and was honorably discharged with the rank of Major. He received his Bachelor's Degree in Business Administration at St. Mary's College in Moraga, California and his law degree from the University of Idaho. Etcheverry continued on page 10 3

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5 THE VIEW FROM THE WATERSHED By Jay C. Smith He was born with a gift of laughter and a sense that the world was mad Scaramouche by Rafael Sabatini "Doing what's right in the only game in town." Last month I wanted to discuss a serious topic, the responsibility of lawyers to speak up to defend judges and the system because judges are so limited in the ethical responses available to them that they can't do an effective job of defending themselves. I was concerned about things like the uproar over the Schaivo case, in which the state court trial level judge was a Republican and a Southern Baptist, but whose decision was so unpopular he needed bodyguards and received a letter from the pastor of his church asking him to go to some other church. The most powerful politician in the House made a speech that said judges were gonna get what they had coming someday. Eeek. Fortunately for me, Tom Clark did an excellent job of discussing the issue in his Presidents' column. I recommend that you dig out last month's Res Ipsa and re-read what Tom had to say, and take his advice. I make this suggestion with some trepidation. First, if you re-read Tom Clark's column you may notice that the editorial board (which includes moi) let in a typo that scrambled several of Tom's lines of prose. Obviously, I stand to lose if the topic of incoherence in Res Ipsa columns comes up because the incoherence in mine is nobody's fault but my own. Next, candidly, it goes against the grain for me to defend judges. I think I am like many lawyers: even if the judge in our case rules completely in our favor we are vaguely unhappy that the judge didn't have the gumption to find a way to give us more than we asked for. I had a frustrating Con Law professor. He tried to make you think. As you may recall, all you really want to learn in Con Law is what you need to pass the bar exam, and that works out ok, since in the trenches, your need for knowledge about the subject is limited to knowing the buzz words and three part tests the trial court is likely to apply. Equal protection, due process, the Lemon Test, etc. etc. The philosophy and history of the Constitution might be useful if we were in the justice business, but we are in the law business, where such things are distracting. One thing my Con law prof said did stick with me, though. He asserted that he was willing to argue that every single decision the U.S. Supreme Court had made was wrong, but if he had to admit that the decision was right, he would be able to show that the reasoning that lead to the correct decisions was wrong. I thought he was trying to provoke us into thinking (the cur) and that he was being silly. As time went by I thought there was some truth to the assertion; and now I think it is so obviously true that it is almost trivial. Still, the system we've got is the system we've got. As the man said when confronted by the fact that the poker game he attended in his small town was rigged, "Well, sure the game is crooked but it's the only game in town." So Tom was right, no matter how uncomfortable it makes me. I guess this is another situation where something Mark Twain said is the best comment I can share: "Always do what is right. It will gratify your friends and astonish your enemies." O SOLO CORNER By: Gabriole Zeviar-Geese They slither, creep, crawl, bounce, and leap into the human heart. Man's best friend and a variety of critters often play a very important role in people's lives. Because of this interdependency, there is an emerging body of law protecting our "younger" brothers that addresses their rights in relation to their role in human life and society. "Society has come to view the bond between humans and companion animals as something that must be protected," said Rich Avanzino a lawyer and head of the San Francisco Society for the Prevention of Cruelty to Animals. Divorce disputes can broaden into custody fights over who gets the dog, the cat, or the frog. It is not unusual for parties to spend thousands of dollars in attorney fees fighting for custody of a family pet. Before Michael Douglas married Catherine Zeta-Jones he made an agreement with his ex-wife regarding their pet ocelot. Couples should consider prenuptial agreements including ownership, custody and visitation rights to the pet. Judges who used to view pets as chattels are increasingly applying "what will be best for the animal?" standard in their decisions of who gets Solo Corner continued on page 6 5

6 Solo Corner continued from page 5 the pet. In San Diego, a couple underwent a "bonding" study to determine who would get their pointer- Greyhound cross, Gigi. The court awarded temporary custody to the wife and weekend visitation to the husband. The crux of the matter is that if it makes sense to prevent cruelty to animals in criminal law then considering the needs of a pet in divorce in civil law has its place as well because the decision there can affect the pet for the rest of its life. Landlord-tenant law can be affected by the broadening definition of a service dog. Animals are being trained to assist people to deal with and recover from a variety of mental and physical illnesses such as epilepsy, stroke, and depression. Dogs are no longer just guide dogs and hearing dogs. Charlotte, the pig, is a companion animal who assists her owner suffering from a heart condition to relieve her stress. Hannah, the Pekinese, helps her owner deal with post-cancer depression. The federal Fair Housing Act and a variety of state and local civil rights laws contain definitions about who is protected and allowed to have pets or service animals in housing that has a "no pets" policy. Federal law guarantees protection for all service animals whether or not they are certified. Businesses are forbidden from asking an animal owner for proof of certification. The emotional reaction to this subject matter runs the gamut from a "Bill of Rights for Grieving Animal Lovers," to the Pet's Bill of Rights posted on a website owned and operated by practicing veterinarians, to a piece addressing the issue of "pet guardians" versus "pet owners," to law school students forming chapters interested in animal law, to a conference this past November held at Yale Law School addressing the future of animal law. Think that this sort of law is too far out? In Fall 2005 the Association of the Bar of the City of New York is holding a 3-credit CLE entitled, Representing Pet Owners; Legal Issues in Animal Ownership. The CLE will discuss such issues as providing for pets in trusts and estates, landlordtenant law regarding the rights of tenants to keep companion animals; wrongful death and damages for companion animals, animal attacks, and pet custody in divorce proceedings. O N ICHOLAS K. LOWE ATTORNEY AT LAW MEDIATION SERVICES (916) Personal Injury Wrongful Death Uninsured/Underinsured Arbitrations Medical and Dental Malpractice Insurance Bad Faith Construction Defect Litigation Discovery Referee 28 years experience as a Trial Attorney 16 years Insurance Defense 12 years Plaintiff s Personal Injury Mediator and Arbitratorin Complex Litigation Sacramento Superior Court Panel of Arbitrators 1788 TRIBUTE ROAD, SUITE 301 S ACRAMENTO, CA

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8 Bench and Bar continued from page 1 Former Governor George Deukmejian appointed Judge Friedman to the Kern County Superior Court bench in 1983, where in 1986 he served as Presiding Judge of the Superior Court and in 1995 presided over the Juvenile Court. He accepted the 2005 Bench & Bar Award on behalf of the entire Superior Court team, all of whom "enable bench officers to deliver justice fresh daily." Judge Friedman introduced and recognized his courtroom staff. He also proudly introduced his family, including his wife of over 30 years, Dr. Gloria Friedman, Senior Associate Athletic Director and Professor in the School of Physical Education and Kinesiology at California State University, Bakersfield; his daughter Lori, a fourth grade teacher in Menlo Park; and, his son Gary Jr., a senior at California State University, Fresno. Judge Friedman also introduced various other members of his Basque family in attendance. State University, Bakersfield, School of Business and Public Administration Executive Advisory Council, the Bakersfield College Foundation Board of Directors and the Rotary Club of Bakersfield. Judge Friedman also is a Past President of the KCBA. The Honorable Gary T. Friedman is a fitting addition to the KCBA's distinguished Bench & Bar Award recipient list, indeed. O Brenda A. Enderle is an Associate at Clifford & Brown Judge Friedman is active in many community organizations, including the Boy Scouts of America, the Southern Sierra Council and the Minority Outreach Committee of Scoutreach. He also serves as a member of the California 8

9 The following event sponsors add their congratulations to The Honorable Gary T. Friedman 2005 Bench and Bar Recipient PLATINUM SPONSORS Borton, Petrini & Conron Chain, Younger, Cohn & Stiles Clifford & Brown Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball LeBeau Thelen The Law Offices of Young Wooldridge GOLD SPONSORS Ganong & Wyatt Law Offices of John C. Hall Noriega & Bradshaw Law Offices of Richard J. Papst Law Offices of Edward J. Thomas SILVER SPONSORS Mediation Offices of Kenneth M. Byrum Thomas S. Clark, Esq. Law Offices of Patrick E. Jennison Law Offices of Timothy J. Lemucchi Larry F. Peake, Esq. Law Offices of David A. Torres 9

10 GREATER BAKERSFIELD LEGAL ASSISTANCE,INC. (GBLA) Leadership Bakersfield Honors Long-Term Care Ombudsman Volunteers By Mary McCabe, Director of Development Leadership Bakersfield Team 2, a program of the Greater Bakersfield Chamber of Commerce, chose as their culminating project to recognize the dedicated volunteers of GBLA's Kern County Long-Term Care Ombudsman Program. Leadership Bakersfield Team 2, who dubbed themselves "Ombies", recognized approximately 26 Ombudsman Volunteers at a formal dinner held at the Bakersfield Petroleum Club on May 3, In addition to the recognition and recruitment dinner, the Ombudsman Volunteers were presented with proclamations from the offices of Assembly Member Kevin McCarthy and Assembly Member Nicole Parra. Joe Rodriguez, Director of the California State Long-Term Care Ombudsman Office, served as a moving keynote speaker. Rodriguez spoke very eloquently about the important and meaningful work of the Ombudsman Program and its Volunteers. The "Ombies" also donated a much needed laptop computer to the Program. The primary purpose of GBLA's Kern County Long-Term Care Ombudsman Program is to increase the quality of life and care for the nearly 4000 elderly who reside in long-term care and skilled nursing facilities throughout Kern County. The Ombudsman staff and volunteers work to 1) receive (respond to complaints, problems or concerns made by or on behalf of residents); 2) investigate (help identify/monitor problems in the facility); and 3) resolve complaints (work towards their resolution). Many elderly residents are "unbefriended" and have no family members or friends to be their eyes, ears, and voice. Often, the Ombudsman is the only link residents have to the outside world. In 2004, Ombudsman Volunteers gave 2,863 hours of service. One Ombudsman Volunteer, LaVerne Andress, was one of five finalists who received the prestigious Jefferson Award in March 2005 by The Bakersfield Californian. The program is funded by the Kern County Aging and Adult Services Department, United Way of Kern County, and Friends of Mercy Foundation. We are pleased our Team could provide support in recruiting new Ombudsman volunteers and honoring those serving in the current program." GBLA extends a very heartfelt thank you to the Greater Bakersfield Chamber of Commerce Leadership Bakersfield Team 2 Ombies, for not only recognizing and honoring the meaningful and difficult work of the Ombudsman Staff and Volunteers, but for also bringing awareness to issues of elder abuse and neglect. Leadership Team 2 "Ombies" are: Diana Campbell-Rice, Matthew Clark, Jana Davis, John Jaramillo, Cathy Patton, Raj Srinivas, Dennis Thompson, and Advisor, Renee Massey. Team 2 sponsors include Dr. Vasanthi Srinivas, General Mills, Kern County Department of Human Services, KGET-17, Lamar Advertising, Occidental Petroleum, and See's Candies. O If you would like to join your colleagues in serving on GBLA's Resource Development Committee and/or in supporting the programs of GBLA please call Mary McCabe at (661) or mmccabe@gbla.org. Etcheverry continued from page 3 Judge Etcheverry and his wife, Eleanor, have been married for 39 years and have two children: Paige Etcheverry-Barnes and John Louis Etcheverry. John is a practicing podiatrist with Kaiser Permanente here in Bakersfield. From April 1997 to 2002, Judge Etcheverry practiced law with his daughter under the firm name of Etcheverry and Barnes. The Res Ipsa Loquitur Committee and the KCBA congratulate Judge Etcheverry on his appointment to the Superior Court Bench.O When speaking of recruiting and honoring Ombudsman Volunteers as a team project, "Ombie" member Diana Campbell-Rice said, "This has been an exciting and rewarding project for Leadership Bakersfield Class of 2005 Team 2. The Kern County Long-Term Care Ombudsman Program staff and volunteers serve as client advocates in quality of life issues for the elderly, particularly those living in nursing homes, convalescent hospitals, assisted living and board and care facilities. 10

11 HISTORY COLUMN By Susan Gill This column is dedicated to three friends, Robin Bunker Bishop, Jay Rosenlieb, and John Laird. We shared the same teachers and classmates on our journey from kindergarten through eighth grade. Two of us, Robin and I, were the children of lawyers, Bruce Bunker and Barney Gill. Two of us, Jay and I, became lawyers. And the other one of us, John, descended from two prominent Kern County lawyers, John Whitcomb Pierpont Laird, and Rollin McLaughlin Laird. John W. P. Laird was born in 1844 in Mount Carroll, Illinois. When he was eight years old, he immigrated with his family to El Dorado County, California. The Laird family first lived in a mining camp, where John's mother was killed by a rock blown out by an explosion of powder charges. They later moved south to Inyo County, where John assisted his father on their cattle ranch. He studied the law by campfire, and at age 30, he left the cattle business and embarked on a legal career. John W. P. Laird was admitted to the California State Bar in Shortly thereafter, he became the District Attorney of Inyo County, a position he held until In 1890, John Laird came to Kern County as a special prosecutor in a murder trial. Although he was unsuccessful in obtaining a conviction-the trial ended in a mistrial-john Laird was so enamored of Bakersfield, he moved his family here in In 1900, he was elected to the California State Assembly. As an Assemblyman, he had a prominent role in investigating a scandal in Chinatown. In1903 he began the first of two terms as the Kern County District Attorney. In 1928, Rollin Laird was elected to the position to which he had always aspired, Judge of the Kern County Superior Court. However, his premonition that he would not live to serve out his term was fulfilled within six months of his election. Shortly after the election, Judge Laird was stricken with influenza, which required several months of convalescence. Recovering from his illness, he resumed his place on the bench in April On the morning of April 29, 1929, he was in the kitchen of his home at 217 H Street, when he was stricken with a heart attack and died. He was 48 years old and left behind his widow, Grace, and two children, Frances, age 15, and Rollin, age 12. Rollin grew up and did not pursue a career in law. He served in World War II, worked for Standard Oil, and tried his hand at farming, before working for Atlantic Richfield for 30 years. He stayed in Bakersfield, married, and had children, one of whom was my classmate, John Laird. Rollin's older sister, Frances, however, stayed connected to the Kern County Bar Association, as she grew up and married John Nairn, who was a prominent lawyer and Superior Court Judge. And as for my three friends? Jay Rosenlieb is the managing partner of Klein, DeNatale, Goldner. Robin Bishop is a school counselor at Walter Stiern Middle School. And, John Laird is a fifth grade teacher at Ruth Clark Harding Elementary School - the place where we all met.o John Laird died in 1911, at the age of 67. He left a widow, several stepchildren, and three sons, Ernest, who was a court reporter in Bakersfield, Lester, and Rollin, the Bakersfield City Attorney. Rollin Laird was born in 1881, two years after his father became a lawyer. He attended the University of Washington, and he graduated from Valparaiso Law School in Indiana in He was admitted to practice law in both Indiana and California. Rollin Laird enjoyed a short stint in private practice in Bakersfield with Fred Borton before becoming the Bakersfield City Attorney in Apparently, that was not a full time position, as he also represented the Kern County Land Company. Rollin Laird left Bakersfield for five years, from 1915 to 1920, moving to Crescent City in deference to his wife's poor health. He quickly became known in that community, and he served one term as the District Attorney of Del Norte County before returning to private practice in Kern County. 11

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13 ur highly trained staff provides the most concise appraisal services available, adhering to the highest standards set by the Gemological Institute of America. We specialize in insurance coverage identification and replacement evaluation, estate settlement evaluation and retail evaluation. Other services available, please call for more information. Locally Owned 4717 Stockdale Hwy. (next to Café Med) Mon. - Fri. 10-5:30, Sat AN APPEALING MCLE By Jennifer Thurston Wendy Cole Lascher, Certified Appellate Specialist and purveyor of all things appellate, presented a lively discussion on the "nuts and bolts" of appellate practice at a recent KCBA sponsored MCLE session. The information-packed meeting discussed the appeal process from start to finish. Lascher reminded the attendees to evaluate several important issues before and during an appeal. First, an attorney should consider whether the matter is appealable. In other words, there must be a statute that allows the appeal or the client's recourse is limited to writ review. Second, an attorney must consider the impact of a successful appeal. In several high-profile cases, appellants won their appeal, but when the cases were retried the clients received verdicts that were far worse than the original. Third, the record determines whether an issue can be raised on appeal. Lascher reminded the group "if it's not in the record, it didn't happen." Lascher provided sound tips for writing a brief. Omit adjectives as much as possible. The greater the number of adjectives used, the weaker your argument appears. Never get into a spitting contest with opposing counsel. An attack on opposing counsel - or a response to such an attack - tells the Court that you have no good argument to make and are trying to hide this by name-calling. The brief should address no more than two or three issues. Be sure to discuss in your brief what you want the Court to do if it decides you are correct. Should the Court reverse? Reverse with directions? Affirm? Most importantly, always be exceedingly honest in your recitation of the facts. If the facts are not favorable to you, admit it and show the Court why you should win anyway. Misrepresenting the facts will not fool anyone and will show the Court that you cannot be trusted. Wendy Cole Lascher has the great distinction of having argued before the United States Supreme Court as well as in most, if not all, courts of appeal in California. She maintains an appellate law practice specializing in appellate law in Ventura and she teaches appellate advocacy at colleges of law in Ventura and Santa Barbara. Lascher has ties to Kern County as she is the daughter of Peggy Darling and the stepdaughter of the late Curtis Darling. O 13

14 THE PROBATE REPORT By Susan Salvucci As you may know, the Probate and Estate Planning Section of KCBA meets the second Wednesday of each month (except for July and August when we are dark because apparently we all go on vacation during those months. Oh, yeah, there's also December when we have to do extra shopping, so we are dark then, too). In any event, you will have to take into consideration that the Probate Report is, of necessity, a time-delayed report. If you want to know what is happening before it happens, you will just have to join our section, and we'll send you a monthly notice before the meeting! This April, we were honored once again by one of our esteemed local Judges, Judge Jerold Turner. Judge Turner spoke to us about Domestic Partnerships, based upon his study of the impact of the California Domestic Partner Rights and Responsibilities Act of 2003 (aka AB205), effective January 1, Now, you might wonder why the Probate and Estate Planning Section would be interested in this new law, but there are a few good reasons. First (but not necessarily foremost), is that the topic gave us our required 1-hour MCLE credit in Bias in the Profession. I have always found it difficult to find an interesting presentation in that area, but Judge Turner's presentation was most enlightening and interesting! Also, a good reason is that we want to be on the cutting-edge and ready to provide probate and estate planning for everyone. Judge Turner and the material he provided as a handout explained how the new law dovetails with other laws (such as the Probate Code), as well as how to create and terminate a domestic partnership in California. There are a number of requirements necessary to create a domestic partnership. We learned that when (1) Two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, (2) have a common residence for both persons, (3) agree to be jointly responsible for the other's basic living expenses incurred during the partnership, (4) are not married to someone else or a member of another domestic partnership, (5) are not related by blood in a way that would prevent them from being married, (6) are both over 18 years of age, (7) either or both partners are of the same sex OR one or both meet the eligibility requirements for Social Security benefits (may be same sex if one or both are over 62 years of age), (8) are both capable of consenting to the domestic partnership, (9) neither is the member of another domestic part nership that has not been terminated, and (10) both file the Declaration of Domestic Partnership with the Secretary of State, they have created a California Domestic Partnership! Because you have to register such a partnership with the California Secretary of State's office, that office has information and forms for creation and termination. Importantly, one must keep in mind that the creation of a California Domestic Partnership does not, however, impress the IRS. The IRS could care less! File your taxes and pay up as if you are single! Oh, and becoming a Domestic Partner does not change the character or interest of real or personal property, and does not create community property. Interest in property has to be created by joint title. All in all, Judge Turner's presentation was most valuable, and we do most greatly appreciate his willingness to provide us with such a wonderful opportunity to learn about this new law. Many thanks to Judge Turner! Finally, upcoming for our section is the May presentation (which will be over by the time this time-delayed piece appears in print) by Karen Gaul-Wallace and Gerald Oldfield on Estate Planning Issues in Family Law. With all the blended and double-blended families these days, estate planning is imperative to keep the peace both in the household and in the probate court! 'Til next time review your estate plan, it may need an update! O Jerry E. Randall CPA, ABV, CFP Will Duerksen CPA, ABV, CFE TRUSTED PROFESSIONALS Mayer Hoffman McCann P.C. An Independent CPA Firm Forensic Accounting Business Valuation Family Law Economic Damages Mark S.Luttrell CPA, ABV Marie Ebersbacher CPA, ABV, CFE 5601 Truxtun Avenue, Suite 200 Bakersfield, CA ph l fax

15 Mentoring Organization Founded by Attorneys Adopts New Name By Susan Peninger, Program Director, VIP Kern For the last nine years,vip Kern has been part of Volunteers in Parole, a statewide nonprofit founded by attorneys to mentor men and women on parole. Now we are participating in an historic name change: Volunteers in Parole is now officially, VIP Mentors. For those of you not familiar with VIP, we are a unique mentoring program founded in 1972 by attorneys who believed they had a professional obligation to help close the revolving door that characterizes the criminal justice system. Thirtythree years later, that goal is still extremely relevant. VIP is the only program in California that recruits attorneys to be advisors, friends and role models for parolees as they struggle to turn their lives around. VIP Kern is one of 13 VIP programs in major California counties. Our history shows that you, as an attorney, would make a great mentor for someone on parole. You are good at helping people with difficult problems. You have been trained to listen and to communicate. You are familiar with community resources, and no matter what area of law you practice, you are a natural role model for men and women on parole. VIP attorney mentors have helped thousands of former offenders begin new lives that are self-respecting, self-supporting, and crime-free. Last year, VIP provided mentors for 263 men and 180 women on parole. Only 6% experienced parole revocation or committed a new offense. Compare that to a failure rate for unmentored parolees of 70%! You could be the person who makes all the difference in the world and all it takes is a few hours a month. According to Riverside attorney, John Vineyard, the statewide Chair of VIP Mentors, "The point is simply to be there for someone who is trying to make important changes in his or her life, no more or less than I would do for any other friend." Mentors check in with their mentees weekly, spend time together on activities and act as advisors and friends. Most important, they serve as someone with whom parolees can share success, analyze setbacks, learn to cope with crisis, and expand horizons. Why change our name? We wanted to make the point that VIP has evolved into an exceptional organization with a mission that is still timely. VIP Mentors celebrates what we do best-mentoring. It pays tribute to our excellent volunteer attorney mentors and parolee mentees as each is a Very Important Person. The new motto captures in just three words why VIP is such a great service to the community and why we are dedicated to be-partners in Success! VIP Kern needs you to become a mentor! For additional information, visit VIP's website at contact Kern's Program Director Susan Peninger at x 232 or vip-kern@bak.rr.com. We can't do this without YOU! O Volunteer Attorney Program of Kern County By Jill Platt, Private Attorney Involvement (PAI) Coordinator Periodically, the Volunteer Attorney Program attempts to procure assistance from the private bar for cases under review at Greater Bakersfield Legal Assistance, Inc. Cases may arise from any of several GBLA programs, including the Community Homeless Law Center, Legal and Social Services for Victims of Domestic Violence, Seniors Law Center, Kern County Long-Term Care Ombudsman Program, Housing Services, Family and Children Services, and Kern Health Consumer Center. GBLA's Volunteer Attorney Program wants you to know that not all cases require a large amount of time and resources. Sometimes GBLA attorneys simply need an advisory opinion when the issue extends beyond our knowledge in a particular area of law. Other cases require brief services like writing a letter on behalf of the client. Some cases require a private attorney to serve as co-counsel and mentor a young GBLA staff attorney. However, some cases are complicated and require extensive litigation. Often the litigation we encounter provides an opportunity to collect attorney's fees. Although GBLA itself may not recover attorneys' fees, the Volunteer Attorney may! The Volunteer Attorney Program also has funds available to reimburse for necessary costs incurred while representing a GBLA client as a Volunteer Attorney. Without the generosity and kindness of the private bar, GBLA would not be able to meet the civil legal needs of our growing low-income community. If you would like to meet and discuss how you can volunteer, please give me a call: Jill Platt at (661) or send an to: jplatt@gbla.org. O 15

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17 From the Circular File... By F. Lee Smedley, Legal Affairs Correspondent Lately where I work we have all been receiving a daily e- mail message from the Safety Department. Most of the s point out ways we can prevent or avoid accidents at work. Helpful information. No doubt beneficial for all of us worker bees and for the administration of the hive. Here's an example: "Prevent an accident this week... If you see an object on the floor or a spilled liquid stop and clean it up...the next person through the area may not see it We had over 303 slip trip and fall accidents the last fiscal year at a cost of nearly $1,389, Be safe out there." Okay. Next time I spill water lifting the fifty-pound Sparkletts bottle onto the dispenser, I'll take an extra moment from my busy schedule to wipe up the gallon left on the floor. Of course, I recall an directive regarding the fiftypound Sparkletts bottle: "Prevent an accident this week... If you change the fiftypound Sparkletts bottle because some inconsiderate coworker left the bottle empty... stop and do it slowly... lifting it and flipping it over onto the water cooler too quickly may cause water to spill out...we had over 3000 gallons spill on the floor last fiscal year at a cost of nearly $577, of wasted bottled water. Be H2O frugal out there." But wait there once was an message about hydration at work: "Improve productivity this week... Remember to keep yourself properly hydrated during the work day stop and drink an eight-ounce glass of water several times a day...not drinking enough water causes you to lose focus during the workday We lost over 30,000 work hours due to employees who lost their focus and played solitaire on their work computer instead of doing work last fiscal year at a cost of nearly $6,861, of wasted labor costs. Be productive and quenched out there." With all of the regarding drinking water at the office, I expect to see this one soon: "Prevent an accident this week... If you are entering the restroom, open the door slowly into the restroom and when entering the toilet stalls... somebody may be just on the other side of the door... the swinging door could smack them and cause a serious injury... We had over 302 swinging restroom door and stall door accidents the last fiscal year at a cost of nearly $2,700,000. Be safe out there." Here are some topics I'd like to see addressed in the future: Avoiding paper cuts by switching to an all e-document world. Walking with the pencil pointed downward after using the electric pencil sharpener. Reducing eyestrain by deleting all safety tip s before reading. O Advocatus Caecus By C. M. (Bud) Starr II In 330 B.C., Alexander the Great was completing his conquest of the known civilized world; he was twenty-six years old. In the summer of 1905, Albert Einstein published three brilliant scientific papers, including his description of the theory of special relativity; he was twenty-six years old. In December of 1955, Dr. Martin Luther King, Jr. was selected to head the boycott of the public bus service in Montgomery, Alabama, which launched his career of non-violent, justice-based, civil disobedience; he was twenty-six years old. This summer, approximately 8,000 men and women will take the California Bar Examination. If history repeats itself, about half of those candidates will pass the examination and be admitted to practice law in California. A great many of those men and women will be around the age of twenty-six. Justice Oliver Wendell Holmes taught that "the life of the law has not been logic: it has been experience." As lawyers, we often refer with pride to our number of years of experience. No doubt we have some pride in our triumphs, some of our failures, and even our gray hair. As we look forward to absorbing new young men and women into our profession this summer and fall, we should be happy to share the benefits of our experience with these new, eager minds. At the same time, we should not fail to acknowledge that among those fresh, new lawyers, we will find genius, creativity, and a special few who may greatly surpass our achievements. O 17

18 JUDGE ANSPACH APPOINTS A CASA VOLUNTEER TO THE 1000th KERN COUNTY CHILD By Maggie Cushine Terry Foley, Susan Gill, Judy Newman, Cindy Stiles and Suzan Hopper began meeting with Judge Robert Anspach in 1992 to bring the CASA (Court Appointed Special Advocate) Program to Kern County. In September 1994, the first CASA volunteer, Colleen McGauley, was appointed to the first child. Since that time CASA has trained 344 CASA volunteers. On May 10, 2005, CASA of Kern County reached a major milestone. In the courtroom crowded with CASA volunteers, board members, friends and the founders of CASA, Judge Anspach signed the 1000th CASA appointment order. Judge Anspach indicated that he was now looking forward to signing the 2000th appointment order! CASA of Kern County is a non-profit organization that trains community volunteers to speak for the best interests of abused and neglected children in court. Currently, there are over 3,400 children in the Juvenile Dependency System and more CASA volunteers are needed. The next CASA training begins on May 24, Please call 631-CASA (2272) and visit the CASA website "Stand up for children, so they'll stand a chance."o Request For Proposals... HEARING OFFICERS DISABILITY RETIREMENT The Kern County Employees' Retirement Association (KCERA) is seeking qualified legal professionals to serve on its panel of hearing officers to preside over administrative hearings held for the purpose of determining eligibility for disability retirement. Applicants must be a member of the State Bar of California and should have a minimum of five years experience in administrative agency proceedings. Prior experience in a judicial or quasi-judicial position is desirable. Hearing officers are engaged as independent contractors for a period of five years. Interested candidates will find the Request for Proposal on the KCERA website: Responses must be postmarked no later than Monday, June 20, OFFICE SPACE AVAILABLE 1400 CHESTER AVENUE. PRIME DOWNTOWN LOCATION. WALK TO COURTHOUSE. NEW OWN- ERSHIP. LOTS OF PARKING SF. REMOD- EL TO SUIT. FULL SERVICE OFFICES. PLEASE CON- TACT RICH KRIZO AT (661) WORKERS' COMPENSATION ATTORNEY The Office of County Counsel is seeking a Workers' Compensation defense attorney with a minimum of two to five years experience in the practice of Workers' Compensation law. Please send a resume to B.C. Barmann, Sr., County Counsel, 1115 Truxtun Avenue, Bakersfield, CA Any questions should be directed to Karen Kitchen, Sr. Paralegal at (661) LOCAL ATTORNEY LARRY PEAKE IS SEEKING A PART-TIME WORD PROCESSOR (IN CIVIL LITIGATION). We are accepting resumes from typists with a minimum of 2 years experience typing or word processing (60+ wpm). Resumes may be faxed to Wall, Wall & Peake at , attention: Kandis Peake. 18

19 THE KERN COUNTY BAR ASSOCIATION Provides leadership in advancing the professional interests of the membership and serving the legal interests of the community. Goal I: Promote professional development and improve participation by all members. Goal II: Foster cooperation and goodwill between the legal profession and the community and disseminate information to the public. Goal III: Build and maintain programs to assure financial stability. Goal IV: Facilitate the use of technology in the practice of law. RES IPSA INSERT POLICY Preprinted 8 x 11 ½ single page circulars may be inserted for a charge of $140 per publication. If you wish KCBA to print the copies, the cost will be $175 per issue. Prices include postage & handling. Res Ipsa Loquitur Article and Letter Submission Policy The Res Ipsa Loquitur Editorial disc in addition to a hard copy. Board always welcomes the submission of articles and letters to the words in length. Articles should be no more than 750 editor from our readership. To submit either an article or a letter to the editor for consideration for publication in an issue of the Res Ipsa Loquitur, please send your submission in Office 95, Office 98, Office 2000 version of MS Word or WordPerfect formats to the Kern County Bar Association. You may your submission to info@kernbar.org. You may send your submission via regular mail to: 1675 Chester Avenue, Suite 220, Bakersfield, California, If you send an article via regular mail, also send a copy of the submission on The party submitting any article or letter to the editor agrees that by submitting the same they expressly grant the Res Ipsa Loquitur Editorial Board the right to edit or alter the article in any manner deemed necessary. The Res Ipsa Loquitur Editorial Board reserves the right to refuse to publish the submitted article or letter. Any submission of an article or letter to the editor becomes the property of the Kern County Bar Association and can be reprinted at the discretion of the KCBA without further approval from the submitter. ANNUAL AWARDS LUNCHEON AND INSTALLATION OF OFFICERS Featuring a Surprise Guest June 9, 2005 The Kern County Paralegal Association presents its annual awards luncheon and installation of officers for 2005/2006 on Thursday, June 9, Awards for Paralegal of the Year and Outstanding Member of the Year will be presented. Please join us to honor the achievements of these fine paralegals and have some fun with a surprise guest. The luncheon will be held at 12:00 noon at Coconut Joe's, 4000 Easton Drive, Suite B, Bakersfield, California. Coconut Joe's is located just west of the intersection of Easton Drive and Chester Lane. Park behind the old Mervyn's Plaza movie theater and walk across the street to the "club." Watch for the tiki torches! The cost is $16.00 to KCPA members, and $20.00 to attorneys and nonmembers. Please RSVP by June 7, 2005, to Aneta Adams (KCPA Programs Director) at (Arrache, Clark & Potter), or her at aadams@acplaw.com.o KCBA CHARITABLE FOUNDATION Donations for May 2005 Michael Adamson Sandra Kuhn McCormack KCBA Staff Addresses Suzan Hopper: shopper@kernbar.org Wendy Ash: wash@kernbar.org Robert Young: ryoung@kernbar.org Tina Calistro: tcalistro@kernbar.org Michelle Rohatsch mrohatsch@kernbar.org 19

20 2005 SCHEDULE OF MEETINGS JUNE 1 KCBA Charitable Foundation Meeting 7 Executive Committee Meeting 8 Res Ispa Loquitur Newsletter Deadline 14 Board of Directors Meeting 17 Res Ispa Loquitur Committee Meeting Kern County Bar Association 1675 Chester Avenue, Suite 220 Bakersfield, CA (661) FAX (661) info@kernbar.org Officers President...Thomas S. Clark President Elect...Catherine E. Bennett Vice President...Steven M. Katz Vice Presicent...David A. Torres Past President...Richard J. Papst Board John R. Brownlee...Frank Butkiewicz Larry L. Fields...Susan M. Gill Tony K. Heider...Gael G. Mueller Robert J. Noriega...John R. Szewczyk Jennifer L. Thurston...Paul A. Welchans Executive Director...Suzan D. Hopper IDP Administrator...Robert M. Young Kern County Bar Association 1675 Chester Avenue, Suite 220 Bakersfield, CA PRSRT-STD U.S. Postage PAID Bakersfield, CA Permit # 947 Staff Wendy M. Ash Tina A. Calistro Michelle Rohatsch Res Ispa Loquitur Committee Steven M. Katz, co-chair Frank Butkiewicz, co-chair Larry L. Fields Brenda Enderle C. W. Hine Suzan D. Hopper Jay Rosenlieb Jay C. Smith Gabriole Zeviar-Geese 20