Nevada. County. Bar Association Journal Post Office Box 1473 Nevada City, CA October President s Message

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1 October 2012 Nevada County Bar Association Journal Post Office Box 1473 Nevada City, CA President s Message By Mike Cobden There are two important fundraising items to mention this month. First, a reminder that Monday, October 8th the NCBA is hosting a fundraiser for the NU Debate Team at the Stonehouse Restaurant in Nevada City. There will be three rounds of lively debate between student advocates, audience cross-examination, and voting by donations. We expect that this will be a very interesting and fun event that benefits a very important and successful program. The NU Debate Boosters also want you all to know they will be rolling out a sponsorship program for attorneys and firms to more closely support individual teams on their way to regional tournaments. The sponsors will have opportunities to have their names associated with the team in press releases, announcements, and at the tournaments themselves. Contact the boosters for more information: NUDebate.org We are also asking for donations for prize money for the NCBA Law Day Essay Contest that is currently underway. Many of you donate every year, and we are very thankful for your continued support. We would like to encourage more folks to donate smaller amounts, so that we do not lean so heavily on the same generous few every year. Please consider donating $50 - $100 toward our $1700 goal. Your name (or that of your firm) will be printed in the program for the Law Day Dinner as a supporter of the event. This year we have some very exciting changes in mind for the Law Day dinner on NOvember 13 at the Holbrooke, so stay tuned for updates on the event next month. As always, please send us your thoughts on the work we are doing, your MCLE needs, and anything else you would like us to know. The State Bar of California 2012 Annual Meeting Pre-Registration is Still Open Register Today The State Bar of California will hold its 2012 State Bar of California Annual Meeting in Monterey, from Thursday, October 11 through Sunday, October 14. Meeting registration and tickets to the special events are available for purchase through October 1. Sign up now before the event sells out. Pre-registration deadline extended to October 1 Act today before classes sell out. 142 Education Programs 18.5 Hours MCLE Credit 3 Education Tracks Keynote speakers include John W. Dean, III, Morris Dees, Professor Jack Lerner, Congresswoman Jackie Speier, and Jeffrey Toobin. The State Bar honors Professor Jesse H. Choper, UC Berkeley Boalt Hall School of Law, with the 2012 Bernard E. Witkin Medal at the State Bar Luncheon on Friday, October 12. Tickets are available. For information call or visit The 85th Annual Meeting of the State Bar of California will showcase an education agenda comprised of 142 seminars offering up to 18.5 hours of MCLE credit and legal specialization. The Annual Meeting advances the State Bar goals to provide services to meet the membership's professional development, business and personal needs, and to provide low-cost programs and materials by which members may meet their continuing education requirement. Annual Meeting registration fees are used to support the administrative costs of the Annual Meeting, and go to no other entity. Do you have an article or news of interest? Submit to Helen Cavanaugh : Helen.cavanaugh@nevadacountycourts.com

2 Nevada County Bar Association Journal October 2012 Page 2 Lawyer Referral Service Lawyer Referral Service Mail: 578 Sutton Way, PMB 140, Grass Valley, Ca Lawyer Referral Newsletter Service LRS Holds Strategic Planning Mail: 578 Sutton Session Way, PMB Why 140, Contact Grass Valley, LRS: CA Our Message Office: to Clients 120 N. Auburn St., Ste Voice: (530) Fax: (530) NCLawyerAcc lawyer for your case. LRS/NCBA Hosts 6 Appellate Justices October, 2012 Office: 120 N. Auburn St.,Ste 214, Grass Valley, CA (530) (530) Fax NCLawyerAccess@gmail.com Mail: 578 Sutton Way, PMB 140, Grass Valley, CA Office: 120 N. Auburn St., Ste 214, Grass Valley, CA Voice: (530) Fax: (530) NCLawyerAccess@gmail.com Reported by Bobbie Swanson, LRS President On September 21, 2012 the LRS Board of Directors held an extremely successful Strategic Planning Session on a lovely Friday evening when we all would rather have been somewhere else. This event was facilitated by consultant Janet Cohen, who did a great job of focusing our energy and attention on how our non-profit organization can survive in this economy. LRS needs all the help we can get to be able to continue to assist attorneys in building their practices, as well as helping the public acquire the tools of justice that we all see as a right of citizenship. Six 3rd District Court of Appeal Justices attended the annual have been screened by us joint meeting of the Northern California for Lawyer any disciplinary Referral record Service (LRS) and the Nevada County with Bar the Association State Bar. (NCBA) on March 22 at the Holbrooke Hotel in Grass Valley. needs. Keynote speaker Justice Ronald B. Robie spoke on barriers to Access to Justice, and was accompanied for your legal by five troubles. other LRS is here for you! Court of Appeal Justices, including former Nevada County Judge M. Kathleen Butz, who served as Master of Ceremonies. To that end, the LRS Board has decided to increase the forwarding fees paid by LRS panel attorneys for client fees over $300 to fifteen percent, beginning October 1, This amount is consistent with most of the other LRS programs in the state, and should make a difference in our revenues that we so badly need. Our new Administrator, JoAnne Stone, has been updating our files and data system so that we can more accurately report our successes. In the near future, you will be receiving a donation request to which we hope you will give some special thought and consideration. Access to Justice in our rural counties is our goal, but it can only be achieved with your help and participation. Thanks so much for all you do for our clients and community, and please call us if you have suggestions or concerns. The California State Bar's 85th Annual Meeting in Monterey, October 11-14, 2012 will offer many 3rd Distr. Court of Appeal Justices Andrea opportunities Lynn Hoch, for Ronald attorneys B. to Robie, earn MCLE credit, including: George Nicholson, M. Kathleen Butz, Vance W Raye, Elena J. Duarte Understanding Attorney Client Trust Accounts Use of Discovery in Unlawful Detainer Defense Litigation Legal & Ethical Implications of Loan Modifications and The California Commission on Access to Justice, chaired by Other Mortgage Rescue Services Access to Justice: Critical Issues & Recent Developments Justice Robie, works to improve access to civil justice for Californians living on low and moderate For more info incomes. or to register: The Commission was instrumental in establishing the $10 million Equal Access Fund for civil legal services to the indigent, and works closely with the Judicial Council to improve access to the courts. LRS and NCBA support these efforts, and were LRS Board President Bobbie Swanson and Guest Consultant Janet Cohen at the Sept. 21 LRS Strategic Planning Session LRS guides you to the right LRS refers you to lawyers who are experienced in the area of law you need, who LRS Attorney V LRS answers your questions about your legal LRS responds promptly and with compassion Current Top Referral Sources for LRS Forwarding Fees 1. Another Attorney 2. Internet 3. Courts (especially Placer County) Top Referral Areas for LRS Forwarding Fees (July and August 2012) 1. General Civil 2. Labor/Employment 3. Family Law 4. Estate Planning 5. Business/Contract Law State Bar s Annual Meeting to Offer MCLE Credit LRS Panel Attorney A voted Best Attorney 2011 Best of Nevada LRS Launches F LRS has recently expan with a page on Faceboo photos, and information Like us at California-Lawyer-Refer or search Facebook for Referral Service. ABA PAR Cons LRS has requested a P Review (PAR) visit from which will take place Mo The ABA supports the g as a method of providin and helping the public lo individual needs. The PAR visit will provid observe and review the Following the visit, the P aspects of the LRS prog recommendations for ch make LRS even more e

3 Nevada County Bar Association Journal October 2012 Page 3 CRC CONFLICT RESOLUTIO N CENTER 308 Main Street #5 Nevada City, Ca Are you a good listener? Want to improve your negotiation skills? Learn to be a Court mediator? 25 HOUR MEDIATION TRAINING October 18, 19, AND 20, :30AM to 5:30 PM DAILY $ (includes snacks and lunch each day) CEUs available for Attorneys Training to be held at: Nevada County Association of Realtors Building Esterly Hall 336 Crown Point Circle, Grass Valley Please RSVP at: What you will learn: Stages of a mediation How to convene and open a mediation Facilitating communication Encouraging problem solving Using intangible interests to overcome impasse Facilitating closure Balancing neutrality and fairness Managing emotions Ethical concerns of mediators and advocates Internship hours available for trained mediators Refunds will not be given. If you are unable to attend, CRC will provide you with a donation letter for your taxes. Thank You! Mediation is the most important job skill in today s market Laree Kiely, PhD. NAME PHONE 3_DAY MEDIATION TRAINING TRAINING REGISTRATION SHEET ADDRESS ENCLOSE: *$200 NON-REFUNDABLE REGISTRATION FEE: *$75 Scholarship fee (pre-approved only): Sorry, CRC is unable to process credit or debit cards. NCBA is co-sponsoring this event as the CLE provider There is an additional charge for those wanting *CLE credit. Please contact CRC for more information, and plan to pay for CEUs at the door. Thank you! Please mail your check(s) and registration form to CRC at: 308 Main Street #5 Nevada City, Ca CRC TRAINING offers 8 hours MCLE for an additional $150 payable to NCBA. Tuition for training made payable to CRC. Great opportunity for local MCLE. Did you Know???? Through its Grants Program, the California Bar Foundation funds projects that further its mission to champion full and equal access to the justice system, invest in the next generation of California s lawyers, educate Californians about their rights and responsibilities under the law, and promote philanthropy throughout the legal community. The Grants Program is open to nonprofit organizations serving the public of California, local, minority, and specialty bar associations, the State Bar of California and its entities, and California courts. Funding is project-based. Application Information: Application Deadline The 2012 Application Deadline is 4:30 p.m. on Wednesday, October 10, Questions? Our new Program & Policy Director, Natalia Merluzzi, will begin her position with the Foundation on August 14. At that time, she can be reached at , ext. 302 or nmerluzzi@calbarfoundation.org. Until then, please feel free to address questions to California Bar Foundation staff at or grants@calbarfoundation.org. Grant recipients will receive an award letter setting forth grant payment arrangements, and will also receive a Grants Condition Form setting forth the terms and conditions of the grant.

4 Nevada County Bar Association Journal October 2012 Page 4 Save the date! October 13, 2012 from 6-9pm Annual ACFLS State Bar Reception Hotel Pacific, Monterey, CA October 18, 19, 20, Hour Mediation Training by CRC. 8:30-5:30 PM Daily, CLE credits available. See info below and registration form on Page 3 October 19, 2012 Custody Evaluator & Mediator/Child Custody Recommending Counselor (CCRC) Training. This one-day training is designed for mental health professionals who serve, or are seeking training to serve, as custody evaluators and/or mediators/child custody recommending counselors (CCRC), and attorneys who represent clients involved in custody disputes. This program has been created to satisfy the annual (8 hours) training required by California Rules of Court Sections and October 19, 2012 from 8:30 a.m. to 5:30 p.m., Lake Natoma Inn, Folsom Registration Materials will be available after August 2, November 13, 2012 Law Day Dinner - 5:30 pm Holbrooke Hotel INTERCEPT OFFENDER MONITORING PROGRAM ALTERNATIVE TO INCARCERATION SCRAMx -24/7 Alcohol Monitoring for your DUI offenders or family court custody cases Also has house arrest capabilities Meets FRYE-DAUBERT Standard NO SECONDARY TESTING REQUIRED! Visit our website at Sacramento please call (916) Reno & Northern Nevada (775) Ask us about our FREE monthly CLE Substance Abuse Classes News from AOC We hope that you are aware of the new optional form FL-107 that went into effect on July 1, 2012 which is designed to provide very basic information to litigants regarding the court process and options in a divorce proceeding. This form was created to address the recommendations of the Elkins Family Law Task Force to provide more information to litigants about the dissolution process. We are now working on information for par- Be Advised Remember Court closed October 9 in honor of Columbus Day Court closes at 2 pm on Fridays Civil Clerk now closed 12:00 1:30 for lunch until further notice. Reminder from the Civil Clerk: Check tentative rulings. Tentative rulings are available on all law and motion and case management hearings. Public Law Center no longer preparing Deeds. Law Library has MCLE CDs and certificates available for check outs. ties considering filing an FL-200 Petition to Establish a Parental Relationship. Judicial Council Update Uniform Bail & Penalty Schedules The Judicial Council adopted the July 2012 Uniform Bail and Penalty Schedules, effective July 13. The schedules are revised to conform to recent legislation that increased the state DNA penalty assessment on criminal offenses. Contact: Courtney Tucker, AOC Office of the General Counsel, Mechanic s Lien Effective July 1, 2012 SB 189 made significant changes in notice procedures and new requirement to file a lis pendens within 20 days after filing an action to foreclose on a mechanics lien. Also code sections governing Mechanic s liens has been moved from CC 3082 et seq. to CC 8000 et seq. and CC 9000 et seq. Notice and Opportunity for Comment on Proposed Amendment to Eastern District of California Local Rule 230(l) Pursuant to 28 U.S.C. 2071(b), comments are invited on the proposed modification to Eastern District of California Local Rule 230(l). The proposed changes may be viewed, and comments may be submitted, at: Please provide comments no later than October 26, 2012.

5 Nevada County Bar Association Journal October 2012 Page 5 Jamie Hogenson has left the office of Anna Ferguson and now works as an associate for Diamond Baker LLP, and Kyra Patterson has been promoted to take her place. Welcome to our new Deputy District Attorneys, DDA III Jennifer Ow and DDAI, Jesse Wilson. Congratulations are also in order to both Raymon DeJesus and Kyra Patterson who have both promoted to the position of DDA II. Jennifer Ow has been a prosecutor for 17 years. She was born on the island of Hawaii and grew up in Honolulu where she attended the University of Hawaii, obtaining her law degree in She began her career as an attorney at the Honolulu Prosecutor s Office, where she worked until moving to California in After a brief stint as a civil attorney in San Francisco, Jennifer joined the San Mateo County District Attorney s Office Comings & Goings in Most recently, Jennifer was the Deputy in Charge of the Redwood City Branch of the SMCDA s Officer. Prior to that, she was assigned to the Felony Sex Assault Unit for over 4 years and trained law enforcement officers in San Mateo County Sex Assault Protocol. In 2010, Jennifer received the Prosecutor of the Year Award for her successful prosecution of a number of violent sex offenders, including a Sexually Violent Predator with over 15 prior sexual assault convictions against 6 different young girls. Following the trial, he was committed to the Department of Mental Health for an indeterminate term. Jennifer worked in San Mateo until 2012, when she accepted a position with the Nevada County District Attorney s Office. Jennifer began at Nevada County DA s Office in April and is in charge of prosecuting domestic violence and sexual assault of both adults and children. She will also lead the Multi Disciplinary Interview Team and represent the Office in Mental Health Court. Jennifer is married and has two children. Jesse Wilson was born and raised in Sacramento, California where he currently resides with his wife and young son. He completed his undergraduate work at the University of California at Davis where he obtained a bachelor s degree in Sociology. He began attending McGeorge School of Law in His law school highlights include being recognized on the Dean s list for academic success and receiving Honors marks for his achievements in community-based legal clinics. During his second summer at McGeorge, he began to intern at the District Attorney s office in Nevada County. He enjoyed the work and did an excellent job as an intern. He then continued to volunteer after graduating school and passing the State Bar in In the spring of 2012, he was given the opportunity fill in as a part time employee. During this time, Mr. Wilson continued to develop as a Deputy District Attorney and eventually, when a full time position recently became available, he was hired on as a full time employee. He is excited about his position as a Deputy DA and looks forward to working in Nevada County. Dispute? Resolution! Judge Albert P. Dover (ret.) Please call: (530) or at al@adrwithdover. com Visit the website for information on rates, fees, and services:

6 Nevada County Bar Association Journal October 2012 Page 6 Family Law Section Thank you to Nanci Clinch for delivering a very informative and interesting presentation on Comparative Justice in Cuba! Our next meeting is tentatively scheduled for the first week of October. Please stay tuned to your s for further details. SAVE THE DATE: Custody Evaluator & Mediator/Child Custody Recommending Counselor (CCRC) Training This one-day training is designed for mental health professionals who serve, or are seeking training to serve, as custody evaluators and/or mediators/child custody recommending counselors (CCRC), and attorneys who represent clients involved in custody disputes. This program has been created to satisfy the annual (8 hours) training required by California Rules of Court Sections and October 19, 2012 from 8:30 a.m. to 5:30 p.m.lake Natoma Inn, Folsom VOLUNTEER OPPORTUNITY Interested in assisting pro per family law litigants in resolving their cases? Lorraine Reich is spearheading a volunteer program where family law attorneys would meet with parties in an effort to reach agreements regarding their family law cases. Stay tuned for more information. ADR Section SCBA s ADR Section will meet Thursday, October 18, 2012 in the Golden Eagle Room at the Firehouse Restaurant, 1112 Second Street, Sacramento, 12-1:30 p.m. Topic: MED/ARB: WHEN CAN A MEDIATOR BECOME AN ARBITRATOR IN THE SAME CASE? The Bowers case upholds binding mediation. How does this work? What happens when a party seeks to vacate the award? Are there alternatives to litigation, beyond arbitration? Speaker: MICHAEL CARBONE, a distinguished San Francisco Arbitrator, Mediator and Referee, will discuss the Bowers and Nemecek cases and alternatives to litigation. Price: $25.00 SCBA members, $30.00 SCBA non-members Entrée Choices: Jamaican London Broil, Salmon Chilpachole, Vegetarian Involtini RSVP with payment and entree choice by Oct. 10 to: Heather Haynes, c/o SCBA, 1329 Howe Ave., Suite 100, Sacramento, CA 95825, (916) , Ext. 209, rsvp@sacbar.org. MCLE: 1.0 hours MCLE credit pending. Contact Rosemary Metrailer if you d like to carpool there. Malpractice Insurance Nevada County s only insurance brokerage specializing in legal malpractice insurance. Our goal is to save you money while keeping it simple. Over 25 years serving all your insurance needs. Nielsen & Geenty Insurance License # 0D12175 NCBA Contact Information OFFICERS Michael Cobden - President (530) cobdenlaw@gmail.com Valerie Logsdon- Vice President (530) valerielogsdon@sbcglobal.net Paul Johnson - Secretary (530) paul@pauljohnsonlaw.com Nancy Christie - Treasurer (530) nancychristielaw@gmail.com Peter C. Bronson - Past President (530) pbronson@pbronsonlaw.com MEMBERS AT LARGE Joe Bell (530) attorney@bellslaw.com SECTION & COMMITTEE CHAIRS Rosemary Metrailer ADR Section Chair (530) rmetrailer@metrailer.com Jennifer Granger Criminal Law Section Chair (530) Jengranger04@yahoo.com Susan Corcoran Family Law Section Chair (530) scorcoran@scorcoranlaw.com Andy Harris Fee Arbitration Program Admin. (530) andy@andrewaharris.com Judicial Officers Nevada City Branch Dept. I: Dept. II: Dept. III: Dept. IV: Dept. V: Dept. VI: Judge Heidelberger Judge Judge Thomsen Presiding Judge Anderson Commissioner Durant Judge Dowling Truckee Branch Dept. A (Truckee Branch) Judge Tamietti Dept. B (Truckee Branch) Commissioner Durant Newsletter Helen Cavanaugh - Newsletter Editor (530) , helen.cavanaugh@nevadacountycourts.com Lindsay s Custom Printing - (530) jklindsay@comcast.net

7 Nevada County Bar Association Journal Superior of the State of Dear Ladies and Gentlemen of the Nevada County Bar Association and the Tahoe-Truckee Bar Association: California On behalf of the Presiding Judge of the Nevada County Superior Court, Nevada City and Truckee branches, we are seeking new applicants for Judge Pro Tems and we are also requesting current Judge Pro Tems to provide updated continuing education certifications required by CRC Rules 2.812, et seq. In and For COURT ADMINISTRATION JUSTICE CENTER DRIVE ROSEVILLE, CALIFORNIA (916) FAX (916) October 2012 Page 7 The County of Court Roseville, Placer California PRO TEM TRAINING Course: Bench Conduct and Demeanor Per Rules of Court 2.812(c), and 2.813(a), all temporary judges must complete a three hour Bench Conduct Training Course. The Superior Court of Placer County will offer this course on: OCTOBER 19, :00 p.m. 4:00 p.m. Department B Avenue, Auburn, CA Please note that class enrollment is limited to 30 people and seats will be reserved on a first come, first served basis. To reserve a space, please contact Yvonne Yoshikawa via phone or . Phone: (916) , yyoshikawa@placer.courts.ca.gov **Eligible for California MCLE Credit** Attached here is a flyer regarding continuing education and training on Bench Conduct and Demeanor offered by Placer County Superior Court (space is limited). Directly below is the link to the Administrative Office of the Courts Education Division website for Temporary Judge Training and other resources, including certificates of training compliance, per Rules of Court. Please copy this link into your web browser to view.

8 Nevada County Bar Association Journal Post Office Box 1473 Nevada City, CA Need to change the way you receive the N.C.B.A. News? or US Mail? Let us know. Send an to: