February Bar Association Journal

Transcription

1 February 2015 Nevada County Bar Association Journal President s Message Notice: Nevada County Law Library no longer provides Westlaw or Shepard s due to budgetary restraints. Many of you of revenue for the law library Board of up. Please note that Auburn Law Library by Old Courthouse does WestlawNex and Nexus Shepard s for patrons. They are open Monday Friday 8-5 and Tuesdays 8-8. A big thank you to Peter Bronson for taking over the Fee Arbitration Chair and another big thank you to Maralee Nelder for her service as the Chair for the last several years. Fee arbitration is a valuable service and we would not want to lose the local ability to handle those issues. Congratulations to Judge Tice Raskin who has been assigned to Department Two. We are working on redesigning our website. Bids were received from three providers; and our budget was amended to provide up to $4,500 for the website redesign and update. The bids for new design which contain desired components were higher than expected and budgeted. Financial Report: The total 2014 income as $15,705, expenses were $11,014, leaving a net ordinary income of $4,691. Proposed budget was amended: CLE estimated income was reduced to $1,000 and $4,500 was added for Website redesign and development. Law Library dues allocation continues at about $685 per year. M/S/A of the proposed budget, as amended. As of December 31, 2014, we have $18,000 in the bank. If you are on a probate or family law panel, do not forget to file your Judicial Council yearly report, Annual Certification of Court Appointed Attorney, GC 010 and GC 011 (for probate matters). SAVE THE DATE: ANNUAL MEETING MAY 14TH Be Advised Comings and Goings closed his practice as of December - he's back on track with his health and ready to have an appropriate send off into Retirement Land. - New revenue in governor s budget boosts judicial branch spending By Laura Ernde, Cal Bar Journal Staff Writer Gov. Jerry Brown earmarked $3.7 billion for the judicial branch in his budget introduced last month, which represents an additional $180 increases that were adopted during leaner times. The proposal, which will be vetted by the legislature in the coming months, includes $90 million to boost trial court operations that was promised last year as part of a two-year commitment. The plan also calls for: $42.7 million to cover the increased costs of pro- employees. $19.8 million to make up for a drop in revenue $26.9 million to account for the increased workload caused by the passage of Proposition 47 last year, which requires courts to reclassify some low-level drug and theft crimes from felonies to misdemeanors. Chief Justice Tani G. Cantil-Sakauye pointed out that this would mark the third year of new investments I welcome the continued and additional investments, she said in a statement. I look forward to continuing the dialog and discussions with the administration and the Legislature about the new investment needed for the courts to deliver timely and meaningful access to justice in California. The cuts of previous years have taken a toll, forcing the closure of hundreds of courtrooms throughout the state. But at a Judicial Council meeting last month, Cantil- Sakauye said she was optimistic about the future. Previously, she has outlined an approach, which she system by ensuring three levels of access: physical, remote and equal. Also last month, the chief formed a working group to take a close look at a report by the California State Auditor that questioned $30 million in expenditures over a four-year period. Cantil-Sakauye noted that some of the auditor s recommendations have been in process since 2012, sive review by the Strategic Evaluation Committee (SEC) that she commissioned. Every organization should constantly re-assess and continuously improve itself, she said. We still have work to do. Our new Administrative Director, Martin Hoshino, has substantial governmental experience, and both the SEC report and the audit will be helpful resources for him as he continues that assessment. The chief talked at length about the audit and the state of the judiciary with NBC4 Los Angeles Conan Nolan. Hoshino said the audit outlined some good recommendations, some of which can be done quickly and others that will require a longer analysis. I will give it the attention it fully deserves, he said.

2 The investiture of the Honorable S. Robert Tice-Raskin Photo credits Angela Bohannon and Nancy Mitchell - looking on Back Row: Second Row: Front Row: Parker

3 candidates for Supreme Court appointment to the State Bar Board this year. nating Committee established by the Supreme Court shortly after the governance reform the Court to develop a robust recruitment process in order to increase the number of applicants. Also attached for your reference is a one-page document that contains information about the application process. ties to submit an application. Please let me know if you have any questions regarding the attached. Thank you. SUPREME COURT STATE BAR TRUSTEES NOMINATING COMMITTEE 180 HOWARD STREET, 10th FLOOR, SAN FRANCISCO, CALIFORNIA (415) FOR SALE January 27, 2015 To: Fr: Re: Members, State Bar of California Board of Trustees Honorable David De Alba, Chair Honorable Holly Fujie, Vice-Chair State Bar Trustees Nominating Committee 2015 Supreme Court Appointments to State Bar Board of Trustees Dear Trustees: walnut executive desk with matching - I started using it. Desktop has some visible mars from use. Most hardware work table / small conference surface. As you are aware, the California Supreme Court is charged with appointing five members of the State Bar of California s Board of Trustees. Pursuant to Rule 9.90 of the California Rules of Court, the Supreme Court has created the State Bar Trustees Nominating Committee to solicit, receive, screen and evaluate all applications for appointment or reappointment to the State Bar Board of Trustees and to make recommendations to the Supreme Court. The California Supreme Court s State Bar Trustees Nominating Committee is seeking qualified candidates to serve as Board of Trustees of the State Bar of California. In 2015, one Board of Trustees positions will be filled during this process. We need your assistance in identifying candidates and encouraging them to submit an application. The application deadline is Friday, March 20, You know the value and importance of serving as a Trustees, and consequently, if there are individuals that you know of whom may be interested in serving on the State Bar Board of Trustees, please encourage them to apply. For more information, including an application, a fact sheet and more details about the duties of board members, please see the State Bar website: Thank you for your consideration and helping us promote the importance of these appointments by the Supreme Court. Sincerely, ail wrsugnet@gmail.com Honorable David De Alba, Chair State Bar Trustees Nominating Committee Honorable Holly Fujie, Vice-Chair State Bar Trustees Nominating Committee

4 New attorneys learn resilience in incubator projects he wanted his own practice but the idea of launching it was daunting. Aid Society of Orange County s clinic and - experience while assisting low and modestmeans clients. Through the so-called incubator program ence in different areas of the law and even represented clients in court. you going to get that training? he said. - state. Los Angeles and a fourth covering rural counties in Northern California. The goal of the Modest Means Incubator program is to train lawyers to create sustainable law practices providing affordable legal services. - applications from every corner of the state. It was very gratifying. There was a large she said. There s a mix of players involved in the in- Alameda County Bar Association s Volunteer Services Corp. and the following law schools: - entities include the Contra Costa County Bar - service providers. County Incubator Consortium will bring Los Angeles County Law Library as well as - Services of Los Angeles and Public Counsel. One of the things we are most excited the national incubator movement. Although there are no law schools in the recruit new graduates from other parts of the state along with local attorneys with less than two years of experience. Participants will a storefront in Nevada County in California s and resource center. The storefront will also can reach every rural county in Northern participants will be able to start earning fees representing modest-means clients. to better serve the folks with modest means while at the same time providing mentoring to new lawyers. the only grant recipient with an incubator program to partner with four local law schools in Orange County. The new grant money will the grant expires. Legal Aid provides everything from management and case reviews. Whereas the program had previously focused on getting participants into court early while training them in family to include more areas of the law and to teach new lawyers the nuts and bolts Directing Attorney William Tanner. Lots of modest-means folks are going to be served because lawyers have has also been tapped to provide guidance to the Los Angeles County incubator. Though it will now hone in on training new lawyers to become better prepared to strike has a successful track record when it comes market. They re competing with other people who ve opened up their own practices and vation and what we have helped them to do. he s not sure how long it would have taken him to do one otherwise. the experience going to court and having a team members also helps. added. launched his law practice thanks to the support and training he s received. attorney and business has been going gang- - early on in his career. Incubator Director William Tanner works with trainees Emily Hetu (left) and Aida Angelique Khamis. Photo by Hugh Hamilton.

5 mediation training program in Corte the mediation process from initial contact to settlement and will include extensive practice sessions with observation and feedback by experienced practitioners. The training has been approved for Continuing Legal Ph.D. Psychologists and MFCCs. Further info: Do you have an article or news of interest? Submit to : newsletter@nevadacountybar.com suite near the Courthouse. Off street parking, reception area, Call (530) SUPREME COURT TRUSTEES NOW The Supreme Court of California State Bar Trustees Nominating Committee (TNC) seeks applicants for appointment to the State Bar Board of Trustees. In 2015, there is one position available for appointment by the Supreme Court to the State Bar Board of Trustees. Pursuant to Rule 9.90 of the California Rules of Court, the Supreme Court created the State Bar Trustees Nominating Committee to solicit, receive, screen, and evaluate all applications for appointment or reappointment to the State Bar Board of Trustees and to make recommendations to the Supreme Court. Your Role As a Supreme Court appointee and vital member of the State Bar Board of Trustees, you will: Establish and monitor policies which implement the mission, goals and objectives of the State Bar in protecting the public. Establish policies, programs, and services which benefit and advance the interests of the public, the members of the State Bar, the justice system, and the legislature in access to justice and ethical, competent and professional legal services. Adopt, evaluate, and modify a long- range plan that addresses both present and future challenges and opportunities for the State Bar. APPLICATION DEADLINE: MARCH 20, 2015 Questions? Contact the Supreme Court Trustees Nominating Committee at tnccae@calbar.ca.gov Your Credentials Note that each eligible candidate need not meet all desired qualifications. The Supreme Court seeks to complement and strengthen the composition of the current board through increasing diversity and consideration of area of expertise. Eligibility: To be eligible to serve on the Board of Trustees, the applicant must be an active licensee, in good standing, of the State Bar of California. Desired Qualifications: To be considered a qualified candidate, the applicant should: Be passionate about regulating the legal profession to ensure protection of the public Be passionate about the legal profession Be dedicated to furthering the goals and mission of the State Bar Have a history of professional achievement and/or civic involvement Have previous board and fiduciary experience To view a complete description and to apply, please visit the State Bar at: ments.aspx

6 back about the current Family Law system. We are very interested in hearing your thoughts. The questionnaire is also being distributed to local bar associations and Nichole Rapier Counsel Dispute? Resolution! Judge Albert P. Dover (ret.) or at Visit the website for JOB TITLE: LOCATION: JOB OPENING: 3953 Council s efforts to improve the quality of and other users of the California courts. CFCC provides programs and education to address cases involving domestic disseminating research and publications. CFCC is accepting applications for an Attorney to serve as a statewide expert and resource for the courts on policies and procedures;; court forms;; legislation and rules of court;; and education addressing the Supplemental Questionnaire. download a copy from the Careers page on our web site under the Special Access Application link OR visit: Resources Device for the Deaf

7 OF Valerie Logsdon- President (530) Michael Cobden - Vice President (530) cobdenlaw@gmail.com Joe Bell - Secretary (530) attorney@bellslaw.com Nancy Christie - Treasurer (530) nancychristielaw@gmail.com Paul Johnson Gabriel Lenhart O 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 Judicial Of 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 Truck Dept. A (Truckee Branch) Judge Tamietti Dept. B (Truckee Branch) Commissioner Durant Newsletter Kathy Lindsay - Newsletter Editor (530) newsletter@nevadacountybar.com Lindsay s Custom Printing - (530) jklindsay@comcast.net TRIALS DIGEST: Summary of Trials, Awards, Settlements and Arbirations Verdict: $185,872, Verdict: $15,313,703 - Settlement: $5,000,000 - and speech therapy and resulting a permanent disability during her C-section birth Settlement: $3,250,000 Motorcyclist Fatality Settlement: $1,000,000 denly and without warning in front of decedent motercyclist who was proceeding straight Verdict: $323,600 - Settlement: $300,000 Uninhabitability Settlement: $271,000 Wage/Break Violations Settlement: $250,000 - Settlement: $4,500,000 An adult male computer systems administrator reportedly suffered a skull fracture to his facial orbital bone and violations of his civil rights as a result of being struck by 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

8 Nevada County Bar Association Journal Need to change the way you receive the N.C.B.A. News? or US Mail? Let us know. Send an to: