• B U L L E T I N • - San Bernardino County Bar Association

Transcription

• B U L L E T I N • - San Bernardino County Bar Association
•BULLETIN•
of the San Bernardino County Bar Association
Vol. 44, No. 7
Our 141st Year
From the
President’s Desk
by Victor J. Herrera
M
ay is here and we are rapidly approaching the halfway point for our calendar
year. In the past few months a lot has already
happened in our community. We have had
tragedy and triumph already. The mass shooting a few months ago in San Bernardino hit us
in our collective psyche, but we are stronger
than that. We have shown that as a community
we are tough and able to get behind those in
our community who have been injured. On
the positive side, our very own Judge Slough
was appointed to the appellate bench and our
county budget for the court continues to grow
and get in line with the budget realignment put
forward by the governor and legislature a few
years ago.
In January we had our first criminal law
symposium in years. February saw a very
successful family law symposium. April had
a civil law symposium dealing with security
concerns and its intersect with civil rights and
our community. Coming in June is the Probate
Symposium to be held at Castaway Restaurant
in San Bernardino. It is generally well attended
and you should sign up early to ensure access.
On another note, I encourage you to fill
out the questionnaire that was emailed to the
membership last week. (If you need to receive
the survey by snail mail, please contact the bar
office.) The Bar Association periodically sends
out questionnaires to the membership for a
variety of reasons. As I have previously mentioned, it is my belief that our Bar Association
must adapt and grow to better reflect the trends
that are now dominating the legal profession.
However, in order to properly serve our members, we need to know what you want and/or
expect from your bar membership.
(Continued on page 2)
May 2016
The San Bernardino County Bar Association and the California
Superior Court, County of San Bernardino are pleased to present...
2016 BENCH-BAR SYMPOSIUM:
PROBATE PRACTICE ISSUES
Thursday, June 2, 2016
5:30 to 9:00 p.m.
Trial Preparation & Procedures
(Speakers to be announced)
The Castaway Restaurant
Kendall Drive, San Bernardino
$50 members (SBCBA, RCBA & WSBCBA), $60 non-members
Cost includes dinner buffet and materials.
Call in with your credit card information (909/885-1986); OR send your
name, firm, and list of attendees with your check payable to SBCBA to:
SBCBA Symposiums
555 N. Arrowhead Avenue • San Bernardino, CA 92401
or go to http://www.sbcba.org/rsvp.html
One Hour ETHICS included!
3.0 hours MCLE: San Bernardino County Bar Association, a California State
Bar-approved MCLE provider, certifies that this activity is approved for 3.0
hours MCLE credit which includes one hour of Ethics Credit.
TrueFiling Training Provided by the
Fourth District Court of Appeal, Division Two
In June 2016, e-filing through ImageSo�’s TrueFiling system will be mandatory
for all a�orneys in the Court of Appeal, Fourth District, Division Two. The court
will offer free user training to the legal community on May 24, 2016.
Filers are invited to learn more about the TrueFiling product and e-filing. Training will be held on May 24th from 12:00 pm-1:30 pm at the Riverside County Bar
Associa�on, in the Gabbert Gallery on the third floor, 4129 Main Street, Riverside,
CA 92501. A�orneys, legal secretaries, paralegals and any addi�onal office staff
involved with filing eDocuments are welcomed and encouraged to a�end.
If you plan to a�end the in-person training, please register by sending an email
with your name, job �tle, professional affilia�on, to [email protected]
m or call 951-682-1015 for reserva�ons.
For those filers that cannot a�end, ImageSo� will be offering a WebEx of the
training session:
To register for the webinar, please visit
h�ps://a�endee.gotowebinar.com/register/6624342427154813700
for the May 24th session at 12:00 pm.
San Bernardino County Bar Association
2
...President’s Desk
(from page 1)
It is a virtual certainty that the State Bar Association will
split into two parts, one a mandatory Bar association that will
handle dues and the regulation of attorneys (mainly discipline
issues) and a voluntary Bar Association that will likely be
composed of the various sections that many of us ascribe.
These voluntary Bar Associations will be the organizations
that provide CLEs, training, and direction for the membership
for years to come. What we as a local Bar Association need to
determine is where we fit in the larger scheme of things for our
membership. It is my belief that we can work with the sections
to create a comprehensive and seamless series of services that
meet the needs of our various Bar members. The information
provided in the questionnaire will be invaluable to the Bar
Board in charting the course of Bar Association for the upcoming years.
This month I would like to talk about a very useful attorney service, one that most of us try to avoid talking about.
The Other Bar. The Other Bar’s website can be found at
www.otherbar.org and its physical address is 235 Montgomery
St. 19th Fl., Sacramento CA. 94104. Its phone number is 1800-222-0767.
The Other Bar helps attorneys with a host of issues. These
include the following:
•
Alcohol abuse and addiction
•
Gambling abuse and addiction
May 2016
•
Suicide Prevention
•
Stress and Depression
These services are offered both to attorneys and judges. The
services and advice offered by Other Bar can be a life saver.
I can guess that many of us have faced issues relating to the
above mentioned problems or possibly know someone who is
facing these problems. It is worth reaching out to your colleague and let them know that they can receive anonymous
help before it’s too late. It would be tragic for any competent
attorney to lose their license due to one of the above mentioned
problems. In fact, the Other Bar might be the single best resource available to attorneys. Many of us can learn or figure
out a new area of law, how to handle a case, how to handle
a client, a complex litigation strategy or what trend a law is
going to take and plan to capitalize on it. However, many of
us are our own worst enemy and our best laid plans can go to
ruin because we are unable, unwilling, or incapable of seeing
the problem when the problem is ourselves. Reaching out to
Other Bar can help address that problem and prevent you from
becoming your own worst nightmare. I encourage those of you
who need the help or might know someone who needs help to
reach out and contact Other Bar.
It is my goal to continue to provide you with information
about organizations and groups that provide a service to our
members. If you are a member of a group or know of a group
that assists attorneys or those in the legal profession, please
email me at [email protected].
May 2016
“The oldest continuously active bar association in California”
3
The San Bernardino County Bar Association, High Desert Bar Association,
and the Hon. Joseph B. Campbell American Inn of Court
cordially invite you to attend the
17th Annual
Kaufman-Campbell Awards Banquet
acknowledging
THE HONORABLE JOHN P. VANDER FEER
Judge of the Superior Court, County of San Bernardino
Thursday, May 19, 2016
Social 5:30 p.m. - Dinner 7:00 p.m.
DOUBLETREE BY HILTON - SAN BERNARDINO
285 East Hospitality Lane - San Bernardino, California
Please reserve________ dinner tickets @ $70 each. OR... please accept my sponsorship for (circle):
Diamond
$1,250 -- table for 10
Silver
$500 -- includes 4 meals
Platinum
$1,000 -- includes 8 meals
Bronze
$250 -- includes 2 meals
Gold
$750 -- includes 6 meals
Solo Sponsor
$125 -- includes 1 meal
We are providing a full buffet - something for everyone.
Name(s)___________________________________________________________________________________
Please list additional names:
__________________________________________________________________________________________
__________________________________________________________________________________________
Phone________________________________________
Amount Enclosed $_____________________________
Indicate special accommodations below (special menu, allergies, wheelchair access, etc.):
__________________________________________________________________________________________
Please return this card by May 16, 2016 with your check made payable to the San Bernardino County Bar Association.
OR you may RSVP by calling 909/885-1986 with your credit card info;
or by going online to http://www.sbcba.org/kc.html
4
San Bernardino County Bar Association
PAST PRESIDENTS
OF THE
May 2016
SAN BERNARDINO COUNTY BAR ASSOCIATION
1939-1940: Martin J. Coughlin, Twelfth
San Bernardino County Bar Association President.
by Michael Reiter
O
ur twelfth (known) San Bernardino County Bar President
was Martin James Coughlin. With
Justice Coughlin, we come into
the modern era of our Bar Association, because he is the first to
have a tribute in our existing Bar
Bulletins: “the death of Martin J.
Coughlin . . . marked the passing
of one of the truly great leaders of the community of San Bernardino.”
Martin J. Coughlin was born in San Bernardino on August 30,
1901. His father was also Martin J. Coughlin, a native of Ireland, and his mother was Elizabeth Beattie, who was a native of
Washington D.C. They married in San Bernardino in 1900. His
father was a retail clerk in a women’s dress shop, and later was
a ready-to-wear storeowner. The elder Martin Coughlin immigrated from Ireland in 1888, and arrived in San Bernardino in
the 1890s. The elder Coughlin died in 1910, leaving a widow
and two children. Elizabeth Coughlin was the administrator of
the estate, and she was represented by the San Bernardino law
firm of Curtis and McNabb.
Martin J. Coughlin was our first president born during the
20th Century, and the second born in the City of San Bernardino. He attended St. Catherine Convent School in San
Bernardino and graduated from San Bernardino High School,
where he was proclaimed by the Sun as “one of the most able
speakers.”
After graduating from the San Bernardino High School, Martin J. Coughlin attended the University of California Berkeley,
receiving his undergraduate degree in 1923 and his law degree
in 1925. At the time, law school was a two-year program at the
University of California. While at Boalt Hall, the California
Law Review, in its 13th volume, printed his comment “Torts;
Distinctions Between Trespassers, Licensees and Invitees.”
Martin J. Coughlin was admitted to the California Bar on August 31, 1925, one of 70 admitted by the Second District Court
of Appeal in Los Angeles, and received bar number 3389. A
contemporary account stated that he passed the bar examination on his first attempt.
In his personal life, he married Irene C. Carroll on November
14, 1927 in Oakland, California, and he had two children, Martin J. Coughlin Jr. and Carroll Coughlin.
In his life as a private attorney, Martin J. Coughlin had a
general practice, with probate, civil, criminal, family, corporate
and real estate matters noted in the paper. For example, in 1929,
Martin J. Coughlin defended two women who were acquitted
in the Police Court in Colton. They were charged with stealing
linens and other furnishings from the home of Mrs. Maysel
Reyman on East E Street in Colton. The two women were
prosecuted by our then-President and Colton City Attorney
P.N. McCloskey. The jury, the first Colton Police Court jury in
thirty-two months, acquitted the women.
Martin J. Coughlin began his legal career practicing with
Walter E. Bryne and later formed a partnership with him. Martin J. Coughlin partnered with Fred A. Wilson following Walter
Bryne’s death in 1935. They merged their offices in the Andreson Building in San Bernardino. Martin J. Coughlin’s tribute
in the May 1983 Bar Bulletin said that he “established himself
as an outstanding and highly competent trial lawyer and was
considered one of the finest of the trial lawyers in Southern
California.”
At a luncheon meeting on December 5, 1938, Martin J.
Coughlin was nominated to be our Bar President. On January
9, 1939, Martin J. Coughlin was installed as President, Carl B.
Hilliard was installed as Vice President, and John P. Knauf was
installed as Secretary. The rest of the board consisted of Lowell
Bartlett, Paul B. Wilson, Waldo Willhoft, and Harry Wedell.
A highlight of Martin Coughlin’s tenure as President of the
San Bernardino County Bar Association was a banquet held on
November 1, 1939 in Fontana honoring the tenth anniversary
of the founding of the Fourth District Court of Appeal. H.R.
Griffin, then San Bernardino’s City Attorney, was elected to
succeed Martin J. Coughlin as Bar President at a meeting on
December 11, 1939.
Governor Earl Warren appointed him to the San Bernardino
Superior Court Office 1 on December 17, 1945, replacing
Charles L. Allison, who resigned because of health issues.
Judge Coughlin was the seventh Judge in Superior Court Office 1 since the creation of the position in 1891.
In Judge Coughlin’s retention election in 1946, the community of lawyers supported him with an advertisement that said
that the “attorneys in the County of San Bernardino, know him
to be outstandingly qualified for the position he now holds . . .
.” The advertisement was signed by many if not most contemporary San Bernardino County lawyers.
May 2016
5
www.sbcba.org
The list included past and future San Bernardino Bar Association Presidents W. H. Weddell, Frank A. Leonard, James L.
King, Waldo Wilhoft, John B. Surr, Martin C. Casey, John P.
Knauf, William H. Wilson, Lawrence A. Hutton, Karl F. King,
Henry M. Busch, Thomas C. Parry, Fred Duffy, Robert Beloud, Alden Reid, Robert Mack Light, Carl B. Hilliard, John B.
Lonergan, Robert J. Farrell, and Donald S. Gillespie. The advertisement was signed by almost every County Bar President
from 1937 to 1962. The exceptions were Stanley Mussell (a
sitting judge who could not endorse), H.R. Griffin and Lowell
Lathrop
Judge Coughlin was elected Presiding Judge four times, in
1946, 1949, 1954 and 1958, as well as Presiding Judge of the
Appellate Department from 1952 to 1960. In 1958, there were
only six Superior Court judges, three of which had been added
since his appointment, with a seventh added later in his term,
which accounted for why he was Presiding Judge so many
times.
By the time of his appointment as Presiding Judge in 1958,
Judge Coughlin was the senior judge. Our Bar Bulletin said
“he was always in his chambers or on the bench from 8:00
a.m. to 5:00 p.m., five days a week” and more importantly,
“he was particularly thoughtful, kind and considerate to young
attorneys and whenever when they had a problem they would
call upon Judge Coughlin for help and guidance and he would
patiently listen and help them with their problems.”
Governor Pat Brown elevated Judge Coughlin to Associate
Justice of the Fourth District Court of Appeals on January 20,
1960, and Justice Coughlin was sworn in the next day. He took
the position vacated by his Bar President predecessor, Stanley
Mussell.
Justice Coughlin was retained by the electorate in elections
held in 1960 and 1970 (and presumably 1962 and 1966) and
he retired on August 30, 1971. On his retirement, he was replaced by Justice Gordon Cologne. After retirement, he was
one of three former judges appointed by the California Supreme Court to serve as a special master for redistricting in
1973 (which you can read about in the case of Legislature v.
Reinecke (1973) 10 Cal.3d 396)
Like all of our presidents, Justice Coughlin was heavily involved in our community. He was a member of the Kiwanis
Club of San Bernardino, returning on October 9, 1968 to give
a speech to the club at the National Orange Show fairgrounds.
In reference to the turbulent times of 1968, Justice Coughlin
stated: “Our government is founded on the concept that the
will of the majority, subject to the limitations imposed by the
Constitution for the protection of designated individual rights,
provides the rule of life to which all must conform, not only
those who agree with it, but those who disagree.”
At the time of his appointment to the Superior Court, Judge
Coughlin was director of the San Bernardino chapter of the
American Red Cross, and the Community Chest (the fore-
runner of today’s Arrowhead United Way), chairman of the
Catholic Welfare Bureau, Grand Knight of the Knights of
Columbus, and active in other lay Catholic affairs.
He was chairman of the Friends of the Library during the
time the City sought to replace the old Carnegie Library with
a new library at the former site of Community Hospital of San
Bernardino at 4th Street and Arrowhead Avenue in downtown
San Bernardino.
Judge Coughlin was chairman of the advisory board of St.
Bernadine’s Hospital during the time of its expansion in the
late 1950s. He was co-chairman of the local chapter of the National Conference of Christians and Jews. He was on the Board
of the San Bernardino County Law Library in the 1950s.
In January 1957, the San Bernardino Exchange Club gave
Judge Coughlin its highest honor, the Book of Golden Deeds
award. County Bar Association President John P. Knauf said
at the award ceremony that as a lawyer, Judge Coughlin “was
a hard-working lawyer. When he came into court his cases
were always well prepared. He always argued his case on its
merits, and not on the demerits of his opponent... As the good
lawyer that he was, he turned out to be a good judge. He’s still
Martin Coughlin; he never let the official in him swallow up
the man.”
Justice Coughlin was the last of the circuit riding justices
appointed, as the Fifth District in Fresno was created in 1961.
While an appellate justice, he sat with the California Supreme
Court from September 22, 1969 to November 30, 1969. After
being appointed to the Fourth District, he resided in La Jolla.
He died in Berkeley, California on March 22, 1983.
Next month, we will continue with the presidency of H.R.
Griffin, the last of our hidden presidents. I have heard from
some of you in person, or indirectly regarding this series. If
you would like to write to me about this series or a particular article, please call me at (909) 708-6055, email me at
[email protected], or write me a letter at 300 E.
State Street, Suite 517, Redlands, CA 92373.
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San Bernardino County Bar Association
6
Meet the
Candidates
California will hold general elec�ons for
local judicial offices on November 8, 2016.
There will be a primary on June 7, 2016.
Contested races will appear on the primary
ballot on June 7. Any candidate winning
a majority of the vote in the primary will
automa�cally win the general elec�on. If
no candidate wins a majority, the top two
candidates will advance to the general
elec�on. Susan Slater, Soheila Azizi, Denise
Trager Dvorak and Dieter Carlos Dammeier
are running in the elec�on for Office 24 of
the San Bernardino County Superior Court,
to fill the vacancy which will be le� by Judge
Mary Fuller’s re�rement.
Unopposed candidates will not appear on
the ballot and will be automa�cally reelected following the November 8th elec�on.
As a service to our readers, the San Bernardino County Bar Associa�on Board of
Directors developed a short ques�onnaire
which was sent to each of the candidates
running for judicial office. Published here
are the responses to that request.
NOTE: Candidate Dieter C. Dammeier was
inadvertently le� off the original request to
the candidates. He was no�fied of the ques�onnaire only days before our deadline but
there was not enough �me for him to respond for inclusion in this issue.
The candidates’ statements are presented
alphabe�cally; ques�ons are provided within each statement for your convenience.
May 2016
Soheila S. Azizi
Soheila S. Azizi & Associates, PC
#1) What experience do you have, in
your practice, with volunteer groups
or other activities interacting with pro
per litigants, and how do you plan on
handling them in the courtroom?
My experience in dealings with pro
per litigants is as follows: Presiding
over matters as a Judge Pro Tem in
small claims court for over 15 years;
Pro Tem assignments in family law and child support courts;
over 20 years of experience through my private practice in the
areas of family law and civil litigation and dealings with pro
per litigants as opposing parties; handling thousands of pro
per litigants outside the court room as an ADR professional
on civil and family law mediation panels in San Bernardino,
Los Angeles and Riverside Counties; handling court-ordered
and private mediations and county and state mandatory fee
arbitrations with pro per parties. The diversity and the wide
scope of my litigation and dealings with pro per litigants, has
provided me incredible opportunities to master the necessary patience, fortitude, temperament and time management
skills required in dealing with pro per litigants, both inside
the court room and in other out-of-court settings. For a more
detailed list of my professional experience in dealing with pro
per litigants, refer to the relevant sections of my C.V. recited
below:
1999 to Present: Serving as Temporary Judge and Settlement Officer in San Bernardino County Family Law, DA Child Support,
Small Claims and Superior Courts; 2000 to Present: Arbitrator for
State and County Bars’ Mandatory Fee Arbitration Programs; 2006
to 2008 : Settlement Officer, CRASH Settlement Program, Los
Angeles County; 2007 to Present: Temporary Judge Judicial training & Certification in Bench Conduct Demeanor ; 2008 to 2011:
IVJC (Also known as CEDRS) Mediator and Arbitrator, MCLE
and Mediator Training Courses’ Co-Presenter; Supervising Mediation Panelist & Court ADR Liaison; San Bernardino County Court
ADR Program: “Triage Program” Developer and Presenter for
IVJC; 2011 to Present: California Arbitration & Mediation Services
(C.A.M.S.), Co-Founder, Board President and Panelist, a private
and nonprofit Mediation and Arbitration practice for Civil, Probate
and Family Law cases; 2010 to 2011: R.D.O.C.S. ADR Services
(predecessor of C.A.M.S.), Co-Founder, Owner & Panelist; 2006
to 2009: IVAMS (Inland Valley Arbitration & Mediation Services),
Mediator and Arbitrator, MCLE Co-Presenter; 2010 to Present:
Civil and Family Law Mediation Panel, Riverside Superior Court;
2010 to Present: Civil and Family Law Mediator, Dispute Resolution Services, Riverside County Bar Association; 1993 to Present:
Law Offices of Soheila Azizi & Associates, P.C., Private Practice:
Civil Litigation with emphasis on areas of Medical and Professional
Malpractice, ADR, Business, Family Law, Immigration Law; 1993
to 1997: Law Offices of Abbas Hadjian & Associates, Civil Litigation Practice with emphasis on Personal Injury, Immigration Law
and Business Litigation); 1992 to 1993: San Bernardino District Attorney’s Office, Certified Law Clerk/Intern, conducting Preliminary
Hearings and Research; 1992 to 1993: Riverside Public Defender’s
Office, Certified Law Clerk/Intern, representing Defendants on
non-felony charges.
(Continued on page 8, col 1)
May 2016
7
“The oldest continuously active bar association in California”
Susan Slater
Law Offices of Susan Slater
Denise Trager Dvorak
Supervising Deputy District Attorney, San Bernardino
#1) What experience do you have, in
your practice, with volunteer groups
or other activities interacting with pro
per litigants, and how do you plan on
handling them in the courtroom?
#1) What experience do you have, in
your practice, with volunteer groups
or other activities interacting with pro
per litigants, and how do you plan on
handling them in the courtroom?
One of the fields of law I currently practice is Unlawful Detainer
wherein commonly the opposing
party is In Pro Per. I have practiced
Family Law as well. In Family Law, many times, the opposing party is In Pro Per. In these two areas of law I represented
my client but also worked with the opposing In Pro Per litigant in an effort to resolve the issues of the case. Therefore,
as an attorney working with an opposing party In Pro Per
litigant I have a lot of experience as opposing counsel to the
In Pro Per litigant.
I am on the Board of Directors for the High Desert Bar Association. Every year the High Desert Bar Association conducts “Law Day” in which attorneys volunteer their time to
render advice to people, some being In Pro Per litigants. Over
the years I have volunteered many times by participating in
Law Day and rendering advice to In Pro Per litigants.
I was the Managing Attorney for the Rancho Cucamonga
branch of Inland Counties Legal Services. Part of what
Inland Counties Legal Services does is assist In Pro Per
litigants with advice and preparation of paperwork for their
case. As the Managing Attorney, I assisted countless In Pro
Per litigants with their cases through advice and preparation
of documents and therefore have substantial experience with
In Pro Per litigants as an advisor.
I also volunteered as Judge Pro Tem in Rancho Cucamonga,
Victorville and Barstow. I volunteered for approximately 1
1⁄2 years presiding over Small Claims and Unlawful Detainer
matters. All the cases in Small Claims were In Pro Per litigants and the majority of the time, at least one party, in the
Unlawful Detainer matters were In Pro Per. Therefore, I also
have experience with In Pro Per litigants from a bench standpoint as well.
As stated above, I have experience as a Judge Pro Tem handling In Pro Per litigants in the courtroom. In the past I have
done that by instructing the parties on the procedure of the
Court hearing, i.e. who goes first and that they should allow
the other party to view any documents to be offered to the
Court as evidence. I let the parties know they will both have
the opportunity to be heard and to remain silent while the
other party is speaking. I ask questions if I need information
to make a ruling and the parties haven’t covered those areas
in their moving papers, testimony or cross examination. Basically, if permissible, I help the parties get the facts of their
case out to the Court so I can make an informed ruling.
As a full-time prosecutor, working with pro per litigants is problematic. As public officials, we
have policies that limit outside
work, and we are prohibited by
statute from representing any person accused of any type of
crime. It is unethical to represent them in criminal matters,
and we often have limited expertise in other areas of the
law. However, the District Attorney’s Office does encourage voluntary community outreach efforts. I was actively
involved in our Mock Trial Program which has encouraged
many high school students to pursue careers in law. Additionally, I have spoken to numerous school classes on
careers in law by discussing with the students the role of
a prosecutor and I have actively worked with Victim organizations. I have also made presentations to community
groups, elementary, high school and college classes on various legal topics.
The question focuses on how to deal with the pro per issues that face the courts; There are too many unrepresented
litigants in the courts, with Family Law being an excellent
example. This slows down our busy court calendars and involves the judge in the cases that come before them, making
the court less efficient. The efforts of our Bar Association
in bringing legal services to pro pers through its support of
Legal Aid and pro bono services makes a genuine contribution in addressing this critical issue.
Pro Pers must be treated with the same respect that all our
citizens are due in the courtroom. The courts are a portal
for those who have less financial resources to resolve issues
that affect their daily lives. I commit to working with the
Bar, Legal Aid and others to bring these needed services to
our communities.
#2) What is your judicial philosophy on the Court’s involvement in a case prior to an actual hearing on a motion, trial,
contested hearing, or other adversarial hearing? (More, or
less, involved?)
(Continued on page 9, col 1)
#2) What is your judicial philosophy on the Court’s involvement in a case prior to an actual hearing on a motion, trial, contested hearing, or other adversarial hearing? (More, or less, involved?)
As the Bar Association is well aware, the Inland Empire
Courts are more heavily impacted than any area in California. Recent surveys have shown that our County’s caseloads
justify 143 judges, however we have just 86. Our calendars
are far too large, and the necessity to keep cases moving creates the danger of poor decisions. Accordingly, our courts
have little choice other than to be actively involved I pretrial settlement efforts.
(Continued on page 9, col 2)
8
San Bernardino County Bar Association
Meet the Candidates...
Soheila S. Azizi
(Continued from p. 6, col 2)
#2) What is your judicial philosophy on the Court’s involvement in a case prior to an actual hearing on a motion, trial,
contested hearing, or other adversarial hearing? (More, or
less, involved?)
My answer would depend on the type of involvement by
the Court. In appropriate settings, and upon stipulation of parties, a proactive Court should utilize the Court’s authority and
power to closely monitor and manage the efficient progression of cases, only if it can do so without losing its neutrality
and independence as a finder of facts. In other settings, and
when dealing with evidentiary issues in contested factual matters, prior exposure to facts and involvement by the same judicial officer who will hear the matter should be avoided. The
Court’s involvement in those settings should be limited to the
leadings and evidence submitted before it, and any attempt at
pre-hearing resolutions should be handled by judicial officers
or resources as may be available to the court.
#3) In 250 words or less, explain what our Bar membership
should know about you, and why you feel you would be the
preferred candidate for the judicial position.
May 2016
I have long prepared for a judicial seat and for what I believe
is the pinnacle of my professional and personal life. After 22
years of pursuing a successful career in law, and having presided over disputes of thousands of conflicted parties, I am
ready to pursue my highest aspiration and serve our communities in response to my true calling. Inspired by the success of
many collaborative court models in California, I am able and
ready to expand the reach of these models into more courts in
San Bernardino County. I also bring 33 years of community
building and collaboration experience to enhance the court’s
problem solving role and in building stronger communities. A
proactive court, equipped with tools based on best practices,
expertise and resources, can have more options to address
problems of litigants in the areas of juvenile delinquency,
domestic violence, mental health, substance abuse and homelessness. These Court models are proven to help reduce crime
and recidivism, shape individual lives, strengthen families,
and build better communities, while also saving dollars for tax
payers. My goal is to increase public’s access to justice while
enhancing the public’s experience with the Courts. I am committed to the highest level of integrity, honor, compassion,
dedication, commitment to excellence, service efficiency and
effectiveness. As for management of my calendars, I have an
innate ability, skill and love for finding simple but creative
solutions to difficult situations, and would love to implement
easy and self-sustaining procedures to help reduce the calendar overload. I feel, and believe, that I am the preferred and
most qualified candidate for the judicial position for which I
am running.
May 2016
www.sbcba.org
Meet the Candidates...
Susan Slater
(Continued from p. 7, col. 1)
My philosophy on the Court’s involvement is that the
Court should be more involved. In my opinion it is always
better for the parties to maintain control of the outcome of
their case, no matter what area of law it is, Family, Civil,
Criminal, etc. If the parties can agree on some sort of settlement that resolves the case (or at least an issue in a case,
for example, as it pertains to Family Law), it is better for
all the parties because then it is the parties that are in control of what happens with their case, not the Court. Once
the Court is involved, whether to rule on a motion, preside
over a trial, have a contested hearing or other adversarial
hearing, the case is taken out of the hands of the parties
and placed into the hands of the Court. This causes the
parties to lose the certainty of the outcome of their case. In
my opinion, the Court should assist the parties in coming
together in resolving their case, if that’s possible. However
sometimes, for various reasons, it’s not possible. When it’s
not possible then there is a need to have a motion heard,
the case tried, etc. but I think it’s in the best interest of the
parties to have Court involvement prior to the Court making any formal rulings to give the parties a chance to help
them resolve their matter.
#3) In 250 words or less, explain what our Bar membership should know about you, and why you feel you would
be the preferred candidate for the judicial position.
Collectively, I have been practicing law for the last 18
years. I practiced Labor Law for 7 years, Employment Law
for 4 years, Family Law for 4 years and Elder Abuse for 2
years. Currently, for the last 8 years, I have been practicing
Criminal and Juvenile Law as a defense attorney while still
practicing Unlawful Detainer Law for the last 12 years. I
have represented clients in arbitrations, bench trials, family
law trials, civil and criminal jury trials and as mentioned
above, for 1 1⁄2 years I volunteered by presiding over Small
Claims and Unlawful Detainer cases as a Judge Pro Tem. I
also want everyone to know that I consider the job of being
a Superior Court Judge just that, a job, which the voters
would have entrusted to me in service of the people of the
County of San Bernardino and I would treat it as such. I
consider the business of litigation to be stressful for all involved and I as a Judge I would be respectful and courteous
to all involved.
Why do I feel I would be the preferred candidate for the
judicial position? I have no agenda. Therefore, I would not
approach a case with a preconceived notion thus allowing
me to be fair and impartial. Having served Pro Tem before,
I already know how to keep control of the courtroom and
move cases along while still giving each case the necessary
attention the parties deserve. Being well rounded, I am flexible and could serve in many different assignments for the
People of San Bernardino County.
Meet the Candidates...
Denise Trager Dvorak
(Continued from p. 7, col. 2)
I strongly support the court’s current efforts at pretrial settlement, including civil mediation, Family
Court Services and pre-trial calendars to continue to
focus on settlement to keep our court system from
bogging down. But while the court is in a unique
position to encourage settlement, a judge should
not cross a line that creates a coercive or threatening atmosphere for parties who feel settlement offers are unfair and wish to exercise their legal right
to trial. Judges should be strongly encouraging to
give settlement every opportunity, but never threatening.
#3) In 250 words or less, explain what our Bar
membership should know about you, and why you
feel you would be the preferred candidate for the
judicial position.
I have had the privilege of public service for nearly
30 year as a prosecutor. I have presented numerous
jury trials and have handled thousands of criminal
cases at all stages of the proceedings. I have handled
cases in every court in the County, including the
now-closed courts in Big Bear, Twin Peaks, Redlands and Needles, giving me a good understanding
of the needs of our large county. As a supervisor
since 1998, I have assumed the responsibility for
managing caseloads and assisting our attorneys
both in the juvenile and adult courts. I make every
effort to bring a sense of justice to our victims, and
fairness for defendants. Throughout the process, I
keep foremost in my mind that each case has a major impact on the lives of our citizens.
Having worked in the courts for nearly three decades, I have a unique background in handling and
managing large caseloads. Over half of the court’s
filings are traffic, juvenile or criminal, so I am already particularly qualified to handle the majority
of cases now before the courts. I have always been
intrigued by the law and that interest was recognized when I was made the D.A.’s Office Training
supervisor. I have enjoyed training in new areas of
the law including child abduction, consumer protection, insurance fraud, and environmental law
-- many of these cases being civil actions. If elected
judge, I look forward to learning and becoming
proficient in areas of the law new to me.
9
10
San Bernardino County Bar Association
O
ntario, California, 117.39 West, 34.4
North. All times Pacific Daylight Time
(PDT), which is minus seven (7) hours from
UTC (Universal Time Coordinated).
May Sky: The May Full Moon is called
the “Full Milk Moon.” The recently Full
Egg Moon rises at 7:48 p.m. on May 21,
having gone full at 2:15 p.m. Mars, Jupiter,
and Saturn rule the night sky. Venus is not
visible in May, as it is headed for a superior
opposition in June.
Mercury v. Mars: Battle of the Planets!
Mercury: On May 9, Mercury will transit the
Sun. The sweet spot for viewing the transit
will be from Western Europe to the Eastern
North America, as you can see the entire
transit, only by the use of an expensive solar
filter telescope. Don’t look directly at the
Sun! In our area, the transit will be visible
after sunrise in progress from about 6:00 a.m. until 11:42, a.m.
when Mercury finishes the transit. A transit of Mercury is a
somewhat rare phenomenon, Mercury passes between the Earth
and the Sun about 13 or 14 times per century. A transit of Venus
is even rarer. Venus transited in 1882, 2004 and 2012 and will
not do so again until 2117.
Mars: Due to a much more elliptical orbit Mars will be closest
(apogee) to Earth (apogee) on May 30 and at opposition (Earth
directly between Mars and Sun) on May 21. Look for that angry
red planet in the rising in the eastern sky about 2 hours after
sunset in early May and just after sunset by May 22. Of course,
you won’t need a $700 solar scope to see Mars on display. Did
you notice how the “Most Interesting Man in the World was just
sent off an one way mission to Mars? Viya con dios, mi amigo!
Garden Notes: Time to think about some summer flowers.
Sunflowers, Asters, and Zinnias all do very well in the hot
summer months to come. Zinnias are super easy to grow and will
provide bold color, especially when it gets hot in the summer.
All do well in containers and are super easy to start from seed.
I use Botanical Interests seeds (Mt. Fuji in Upland; Armstrong
May 2016
Garden Centers) and get fantastic results. The
sunflower mixes are all terrific. For Zinnias,
“Solar Flare” and “California Giant” lived up
to the name. Asters very nice as well. Flowers
are not high nitrogen users, so don’t overdo
the fertilizer.
May Recipe: Albacore Sandwich Mix.
Mother’s Day, Sunday, May 8. I am truly
blessed. Even though we lost my mom
in 1996, we still have my mother-in-law,
Mary Gatti. Mary is a kind and generous
woman. She is a world class horse trainer
and successful business woman. Here is
her simply fabulous recipe for Albacore
Sandwich Mix. This is enough for 12-14
sandwiches. You can also serve a scoop for a
“big salad” or make a killer tuna melt in your
cast iron skillet. So rather than taking mom
out to a crowded brunch, consider having a
fancy lunch at home. Last month’s Potato
Leek soup (cold version) would go also be great. Your favorite
White Wine will work quite nicely with this. Fresh Berries and
whipped cream for a simple yet elegant lunch.
Mary Gatti’s Albacore Sandwich Mix
(3) 12 oz. cans of Albacore (Water packed only) Starkist or
Chicken of the Sea or Bumblebee.
(2) 8 oz. cans of Water Chestnuts, finely chopped.
(1) cup of finely diced Celery
24-30 oz. of Best Foods Mayo.
(1) 8 oz. can of Salted Cashew Pieces (Planter’s is the best).
1/4 cup finely minced Onion.
Wheat Bread, toasted if you like.
Mix all chopped ingredients together with Mayo. Drain
Albacore well and combine . If you have any left, cover tightly
with plastic wrap or sealed container and it will keep in the
fridge for a two or three days. Have a Happy Mother’s Day.
Buon Appetito! Tony Sears
ALMANAC
by Tony Sears
!
"##$
May 2016
www.sbcba.org
11
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San Bernardino County Bar Association
12
Beyond the Brief:
May 2016
Hidden talent within the SBCBA
S
everal years ago (ok, five), Past President Dick Lister sent
me a copy of his new book, The Third Team: NFL Officials,
Their Lives, Their Stories. Knowing I was a voracious reader
and assuming I was somewhat of a critic, he figured I would either feature it in the newsletter or redline the entire thing (well,
after attempting to edit nearly 300 President’s columns, I was
gaining a reputation). I promised to read and profile it in the
Bulletin the following month. That was my intention. Really.
Well, that review was (seriously) delayed for several reasons,
not the least of which was the time it took for me to get the
book out of my husband’s greedy little hands. After that I have
no excuse. I finally pulled it out of the bookshelf last month
and dusted it off to share with all of the football fans in our
membership.
After discovering two more bar members whose talents extend
“beyond the brief”, and who have recently been published, I
thought it would be a nice way to recognize our members and
The
Third
Team:
NFL OFFICIALS
Their Lives, Their Stories.
by Richard Lister
From the author:
A
thirty-nine year journey in the practice of law can lead to
surprising places. Having been a part of so many people’s
lives and stories and telling them to an audience of jurors, it
seems natural move toward writing about people and their experiences outside the law.
In 2010 I followed that curiosity and interest to write: The
Third Team: NFL Officials, Their Lives, their Stories. The
following is a summary of the book by Bill Carollo, NFLRAExecutive Director and NFL Official, 1989-2008; Coordinator
of Football Officiating, Big Ten Conference:
“They are the most common refrains heard around stadiums, sports
bars and family rooms from September through February every
year—“Are you blind?” “You’ve got to be kidding me!” “Get a
life!” NFL officiating, even though accurate more than 98% of the
time, draws ire from fans, players, coaches and commentators with
the regularity and certainty of a Bill Belichick mumble or a Rex
Ryan profanity. Yet, away from the cursory reactions and behind
the scenes, officiating professional football has proven to be one
of the most demanding—physically, intellectually and emotionally—jobs that exist. The judgment and precision required are for
only the most dedicated types; the tenacity and courage for only
the most disciplined of souls. And all this for a part-time job!
make for a pleasant diversion in our newsletter.
Featured here is former Bar Bulletin Editor, Michael Arkin,
who served in that prestigious position from 1972 to 1974.
Mike is now practicing law and writing in New Mexico. Our
other author is another long-time member of the association
who helped us on our fee arbitration program for over a decade,
Dan Gentile. Dan is practicing law and writing in our very own
High Desert.
I have not yet had the pleasure of reading the two books of fiction, but they are both on my wish list, and will be in my greedy
little hands soon.
I trust that I haven’t taken too much liberty with your Bar Bulletin, and that you enjoy hearing about your fellow bar members. And I promise to acknowledge Dick’s new book as soon
as it comes out. Really.
Happy reading!
The Editor
“In his book, The Third Team, Richard Lister artfully illuminates
what is normally the background and skillfully debunks many of
the myths that surround the responsibilities of those privileged to
be NFL officials. More than that, he takes the reader to a world
unknown by many outside the profession—the world officials live
in the other six days a week. What many will find surprising is that
this world is filled with studying and preparing. Like players and
coaches, officials spend countless hours reviewing plays, studying
rules and test themselves to get closer and closer to 100% accuracy.
And, just like players and coaches, officials are constantly driven
to succeed, but without any of the glory. Lister shares the agony
of wrong calls and the analysis of high-definition instant replay in
a way that makes you feel as though you’re making the call. And,
get ready, because there’s no other profession where a two percent
mistake rate is as scrutinized as this.
In addition to getting to understand the complex world of officiating in the NFL, the readers will get an inside look at some of the
greatest officiating commissioners of professional football, not to
mention some of the legendary coaches of all time. Hearing what
it is like to work on the field with Coaches Shula, Parcells, Holmgren, Mariucci and more is the real bonus of this book. Never
will you feel closer to the NFL than after reading these gridiron
tales.”
I am now co-authoring with Howard Mudd, a renowned
former NFL player and offensive line coach, View From the
O-Line: Football According to NFL Offensive Linemen and an
Uncommon Coach. I wrote with (for) Howard Mudd, longtime
offensive line coach (and chief protector of Peyton Manning
during the Colt years.) It has Howard and 20 past and present
offensive linemen telling stories about who they are and what
they do. It is scheduled for release in the Fall 2016 by Skyhorse
Publishing (It is up for presale on Amazon).
My interest in the law, though, has not waned. I am presently
writing and editing legal content and case law reviews for
attorneys and law firms through Vox-Lex Legal Communications.
Dick is alive and well and living in Texas. You can reach him
by email at [email protected]
May 2016
“The oldest continuously active bar association in California”
13
J������� I�����������
�� M������ A����
JB Stillwater Publishing Company (Bookworks, Treasure House, Amazon.com, Barnes
and Noble)
Released: December 15, 2015
A Crime Thriller With a Western Flair – Local Lawyer Accused of Heinous Murder –
A Matt Lucas Novel
T
he Santa Fe Trail sets the scene for drug running, money laundering, treachery, murder, and challenges to character, as Judicial Indiscretion plays out in the cactus-studded New Mexican Rio Grande Valley landscape. A highly respected judge is murdered
in Mimbres County, New Mexico and local attorney David Madrid is arrested for the
crime. San Diego Times investigative reporter Linda Lawson prevails upon long time
friend Matt Lucas to assist in the defense of David, her brother. In this second of the Matt
Lucas series, take the ride of your life through the underworld of crime, deception, and
injustice.
“Judicial Indiscretion is a legal thriller, written by a practicing lawyer who has seen and done it all. Michael Arkin is a great wordsmith - no surprise there. More to the point, he knows the law, and like Atticus Finch in To Kill a Mockingbird, has figuratively
walked in the shoes of his fictional characters. I read this book in two sittings - I couldn’t put it down.” - Colin Wied, former
President of the State Bar of California
Michael Arkin, a former US Department of Justice trial lawyer, has been practicing law in California and New Mexico for over
50 years. As lawyer, pro-tem judge and full time hearing officer, his fiction is based upon a combination of the real stories of his
clients, the persons who appeared before him, his imagination, and his studies of human nature.
the candle room
by daniel k. gentile
Available on Amazon and Kindle
F
resh out of law school, Zach Morgan abruptly quit his position with an insurance defense
firm to hang his own shingle and open a private practice. His first client was a transient who
just learned that he was the sole beneficiary of his estranged brother’s multi-million dollar estate.
His brother was brutally murdered and the alleged killer was on trial in what appeared to be an
open and shut case. Zach observed the riveting courtroom drama as the case unfolded and in the
process, discovered a dark, deadly secret left by the murder victim. He soon learned that he was
way over his head in his new practice and that his first case could cost him not only his career but
his life.
Excerpts from a recent review of this book by IndieReader:
“THE CANDLE ROOM excels as a realistic example of how justice is carried out through the
widely accepted, albeit flawed legal system. The scenes throughout the book involving the accused
murderer and the prosecution poised to convict him are nearly flawless. One feels as if they are in the courtroom themselves,
eagerly awaiting the verdict. As a character, Zach is intriguing in that his confidence in his abilities to assist in any legal case-whether it be property crime or a murder trial--is often feigned and brittle at best. The author’s background in handling property
matters and civil litigation also helps prevent the novel from becoming a cliché battle of good versus evil. The final result is a
riveting and authentic portrayal of how the justice system is sometimes shockingly unjust.”
“THE CANDLE ROOM is a spellbinding legal thriller that unveils the twisted depths of the criminal mind while cleverly
exposing the inadequacies within the American justice system.”
~IndieReader
14
San Bernardino County Bar Association
May 2016
A DARK DAY IN SAN BERNARDINO COUNTY
By Jacqueline Carey-Wilson
T
here are certain events in life that stand out as benchmarks, after
which one’s world is never the same. December 2, 2015, was such
a day for many of us in the Inland Empire, in particular for employees
with the County of San Bernardino. As I pause to remember that fateful
day and offer some personal reflections, I am reminded that it is in the
wake of the darkest adversity that sometimes the human spirit shines
most brightly.
On December 2, 2015, around 11:45 a.m., my husband Doug called
me urgently to ask if I was safe. I had just arrived at my office in the San
Bernardino County Government Center from court and was surprised
by his concern. He said that the news had just reported a shooting at a
government building in San Bernardino. I told him that the shooting had
not taken place at my building, but I would work on finding out where.
The next update came from the office of Greg Devereaux, the County’s Chief Executive Officer. Mr. Devereaux reported that some County
employees had been shot. Doug called again to say that a shooting had
occurred at the Inland Regional Center (IRC), only about three miles
from my office, and that the shooters had left IRC before law enforcement arrived. Mr. Devereaux’s office then issued another email advising all County employees in San Bernardino to stay in their buildings
for safety.
About 1:50 p.m., the County employees who worked in San Bernardino and who were not responding to the incident were released
from work for the reminder of the day. When I left the building, security
personnel were not allowing anyone into the building without proper
identification. While driving on Fifth Avenue toward the 215 freeway,
I noticed the local Post Office was closed, along with numerous other
businesses. When I arrived home, the incident was all over the television. The shooters had been killed in a shootout with law enforcement.
Questions raced through my mind: What had happened? How could
this occur?
In the days following this tragic event, the story unfolded. Employees
from the Division of Environmental Health Services (EHS) of the San
Bernardino County Department of Public Health had rented a conference room at IRC to hold their annual training session, along with a holiday luncheon. Syed Rizwan Farook, a public health inspector with the
department, arrived in the morning at approximately 8:40 a.m. He carried with him a bag containing three galvanized steel pipes with smokeless powder that was attached to a remote-control toy car. According to
the Federal Bureau of Investigations, the bomb was “armed and ready
to detonate.” Farook abruptly left the gathering at approximately 10:40
a.m., leaving the bag with the bomb under the table and his jacket on the
chair where he had been sitting. At about 11:00 a.m., Farook returned
with his wife, Tashfeen Malik and possibly a third individual. All were
armed with semi-automatic pistols and rifles. They shot 65 to 75 rounds
at Farook’s co-workers. All were dressed in black tactical gear and
wore masks. Farook and Malik had left their six-month old baby girl
with Farook’s mother, who lived with them in their Redlands home.
Immediately before they attacked, Malik in an online posting pledged
allegiance to an Islamic leader. Thirteen County employees and one
IRC employee were killed. Twenty-two others were physically injured;
most were County employees. Law enforcement, including officers
from the San Bernardino Police Department and the San Bernardino
County Sheriff, and medical staff from Arrowhead Regional Medical
Center and other local hospitals, by all accounts did an exemplary job
in responding to the incident. But the fact that the worst terrorist attack
on American soil since September 11, 2001, had occurred so close to
home was starting to sink in.
The County Board of Supervisors closed all non-essential County
offices on December 3 and 4. County employees returned to work on
Monday, December 7, except those who were employed with EHS.
Grief counselors were available if needed for County employees. On
December 7, Supervisor James Ramos, Chair of the Board of Supervisors, came through the County Counsel offices and let staff know we
would get through this difficult time. EHS is located directly below the
County Counsel offices in the Government Center. Many in my office
had personal connections with the victims.
My office was faced with a mundane but appropriate question given
the circumstances. The Office of County Counsel had a holiday party
scheduled on Friday, December 12. We all agreed with County Counsel
Jean-Rene Basle’s decision to cancel the party and donate the funds collected for it to the victims of this tragedy.
Members of the community outside the County family showed their
spirit of generosity in a variety of ways. Arrowhead Country Club,
where our holiday party was to be held, waived the mandatory deposit
so those funds could be donated to the victims. Costco and Stater Bros
allowed the gifts purchased for the holiday party to be returned for a full
refund, which was given to the victims. The office received messages of
support from colleagues in and out of the County.
To remember the victims, County Counsel staff decorated two trees
and placed the names of the fourteen people who had died on ornaments. On one tree, the ornaments were placed on the tree and on the
other; the ornaments were displayed on a wall next to the tree.
The County distributed two different pins to employees to commemorate the victims and demonstrate unity. One pin has a diagonal black
band over an outline of the County arrowhead logo. The other has the
words “SB STRONG” inside the County arrowhead logo, with a heart
replacing the “O” and the date “12.2.15” underneath. These small pins
worn by County staff have been a unifying force for the employees,
remind us of the victims and the loss suffered by survivors and family,
and represent a resolve to stand together at a time of sorrow.
IRC offices reopened on January 4, except the building where the
shootings occurred, and many of the EHS employees also returned to
work. Kristina Robb, the deputy county counsel who advises the Department of Public Health, received donations from our office, as well
as from Starbucks and Panera Bread, to give an assortment of comfort
items, like coffees, teas, snacks, candles, and lotions to the returning
employees. Kristina brought the gifts, along with a large framed card
signed by County Counsel staff members, to show support for the EHS
employees.
At 2:00 p.m. on January 4, the County held a memorial service for
the victims at Citizens Bank Arena in Ontario. County employees were
invited to attend the service.
At the beginning of the memorial service, Chairman James Ramos
welcomed those in attendance. Supervisor Josie Gonzalez read a poem
entitled “We Remember Them” from Rabbi Sylvan Kaman, while the
names of the victims scrolled on monitors in the front of the arena.
Many other elected representatives attended, including Governor Jerry
Brown and Attorney General Kamala Harris.
May 2016
15
“The oldest continuously active bar association in California”
The first speaker was author and pastor Rick Warren.
Pastor Warren talked of having the strength to go on
after such a terrible loss. He counseled that trauma is
a dividing line, “We are never the same after a trauma
occurs—we are permanently different.” Pastor Warren
said that there is no expiration date on grief - one just
gets through; the goal is to survive. He encouraged the
survivors and others in attendance to release their grief.
If we leave grief bottled up, it is like a can of soda placed
in a freezer--you just explode. Pastor Warren shared that
his son, who struggled with mental illness, took his own
life. For Pastor Warren, it was important that people who
cared about his son just showed up to offer empathy to
those who loved him. This is what he advised us to do for
others who are grieving. For Pastor Warren, grief is both
a good thing and the only appropriate response to a great
loss. He also gave the following recommendations:
• Do not isolate yourself — God never meant you to
handle grief on your own;
• To someone going through a difficult time, never ask
“How are you handling the situation” or say “I know how
you feel” or “At least you still have your other child”;
What you can say is, “I am truly sorry for your loss”;
We Remember Them
Robert Adams 40
Isaac Amanios, 60
Bennetta Betbadal, 46
Harry Bowman, 46
Sierra Clayborn, 27
Juan Espinoza, 50
Aurora Godoy, 26
Shannon Johnson, 45
Larry Daniel Kaufman, 42
Damian Meins, 58
Tin Nguyen 31
Nicholas Thalasinos, 52
Yvette Velasco, 27
Michael Raymond Wetzel, 37
To see photos and biographies of the victims, please go to the following:
http://www.latimes.com/local/lanow/la-me-ln-san-bernardino-shooting-victims-htmlstory.html
Photos by Jacqueline Carey-Wilson.
• Reject vengeance and bitterness, as they will not
change what happened; let law enforcement administer
justice.
In closing, Pastor Warren read Psalm 23, “The Lord is
my shepherd; I shall not want . . .” and shared with those
assembled that “Even though I walk in the valley of death
I fear no evil. The violence that happened on December
2 was evil, but do not stay there. Keep walking. As a
child I feared shadows. Where evil is, a shadow is there.
However, where there is a shadow, there is light and how
you get out of the valley of death is that you walk toward
the light.”
Pins distributed to San Bernardino
County employees to commemorate
the victims of December 2.
Memorials near the Inland Regional Center
The second speaker at the service was former Mayor
of New York Rudy Giuliani. Mayor Giuliani shared personal stories of courage, kindness, and resolve of New
Yorkers following the attacks on 9/11. Mayor Giuliani
encouraged those in attendance to remain strong and
fight this evil.
Five months have passed since the December 2 shootings. This tragedy could have happened to any of us. Our
hearts are forever broken for the family, friends, and colleagues whose lives were taken much too soon. There
are many unanswered questions surrounding the attack,
but we do know that the Inland Empire community will
never be the same after December 2. We also know that
many of us came together to support one another in the
wake of this tragedy, and for that we are grateful and
stronger.
Jacqueline Carey-Wilson is a deputy county counsel with
San Bernardino County, editor of the Riverside Lawyer, and
past president of the Riverside County Bar Association and the
Inland Empire Chapter of the Federal Bar Association.
Special thanks to the following who contributed to
the article: Patricia Cisneros, Kenneth Hardy, Mitchell
Norton, and Ramona Verduzco.
Please see page 17 for information on how you can
help the families with your donation.
Christmas trees on the third & fourth floors at the offices of San Bdno County Counsel
16
San Bernardino County Bar Association
May 2016
May 2016
“The oldest continuously active bar association in California”
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17
San Bernardino County Bar Association
18
May 2016
CLASSIFIED ADS
SERVICES
Registered process server and paralegal services.
Reasonable rates, local serves start at $40.00 909-4519819 Ask for Carol
EXP’D FAMILY LAW PARALEGAL/ Legal Secretary
available on a contract basis. For immediate assistance,
call (951)805-4735 or e-mail [email protected].
REAL ESTATE APPRAISALS - Estate, Trust, Divorce
and Bankruptcy. Experienced, SRA Member of Appraisal
Institute, Can do complex properties. Call 323-229-1924
NOTICES
LEGAL SECRETARY IN UPLAND. Ellie’s Legal
Secretarial Service. Preparation of most court forms,
Guardianships, Family Law, Probate, Evictions, Grant
Deeds, Restraining Orders, Notary Public. 909 885-1725 /
email [email protected]
NEED INVESTIGATIVE RESULTS? Stewart Investigative
Services, Inc./S.I.S. Investigations Lic. Private Investigation
Firm for 27 years - Criminal, Civil, Insurance & Corporate
Investigations - www.sisinvestigations.net (909) 484-1500
CONFIDENTIAL HELP! Judges & Attys in
trouble w/alcohol, drugs. 800/222-0767; 909/
683-4030, 24 hrs-7 days a week.
SBCBA MEMBERS: Advertise FREE for 6
months in Classifieds. Continue ad for $10
per month in advance. Non-members $10
a month in advance. 909/885-1986 or email
[email protected].
EMPLOYMENT
WORKERS’ COMP SPECIALIST: Free consult for clients
injured on the job, or fired because they reported a work
injury: Nancy Wallace 909-381-2771 http://www.imhurt.info
Full time Plaintiff Personal Injury Litigation
Secretary needed w/a minimum of 5 years of
experience for busy law firm in Rancho Cucamonga
/ Riverside. Knowledge in preparing/filing complaints,
discovery requests/responses, minor’s compromises,
pleadings, helpful. Heavy litigation experience an
absolute must. Bilingual in Spanish helpful. Submit
salary history and resume to fernando@vargaslaw
office.comLAW FIRM IN RANCHO CUCAMONGA
seeking experience Family – Civil Litigation Attorney.
Please Fax your resume to (909) 484-0120.
LAW OFFICES OF GERARD R. DAGONESE and
Conflict2Peace Ministries: Experienced attorney and
Certified Christian Conciliator™ provides mediation,
arbitration, and reconciliation services under the Rules
of Procedure for Christian Conciliation. Contact Gerard
Dagonese (909) 742-7154 for more information.
HIGH ENERGY criminal defense law firm in San
Bernardino is seeking an extremely motivated,
detail oriented legal assistant/case manager with
a minimum of three years experience in criminal
defense. Please fax your Resume to (909) 381-1077
to the attention of Dondra Ferris.
REAL ESTATE & APPRAISAL SERVICES-Specializing
in Residential Properties Discreet professional w/ superior
client / customer relation skills. Certified Appraiser 2001/
Real Estate Broker 1992 / Sales 1978 Expert Witness
2003 Grand Prix Fire/ Claremont (42 Homeowners) CalPoly Pomona BS 1989 & Chaffey College-AA 1984 Inland
Empire Resident since 1959 J. A. Kent / Claremont, Ca.
909-559-6971 or [email protected]
LOCAL REAL ESTATE BROKER & CPA, Court-Appointed
Expert and Receiver for Property Sales and Management,
available to sell and manage properties for your Clients.
Howard Friedman, Broker, CPA, Realicore, 909-486-2960.
CPA FORENSIC ACCOUNTANT, Kathy Johnson.
Business Valuations, Cash Flow, Separate vs. Community
Prop. Tracing. Court-Appointed Expert, Receiver, Special
Master. Call 909/889-8819, Fax 909-889-2409 363 W.
Sixth St., San Bdno, CA 92401.
EXPERIENCED IMMIGRATION ATTORNEY – Expertise
in Criminal/Immigration Defense. ICE Holds? Immigration
Bonds? Deportable Convictions? Immigration Court
hearings? Call Today! Rogelio V. Morales, Esq. •
11801 Pierce Street, Suite 200 Riverside, CA 92505 •
951-710-3039 (office) • Serving Riverside & San Bernardino
Counties.Se Habla Español
BOOKKEEPING services 15+ yrs exp. working in the legal
field. For additional information please contact me @ (951)
236-1822 or email [email protected].
ROVING REPORTERS, Cert’d Shorthand Reporters.
We provide exp’d., highly qual. crt reporters srvg all So.
Ca.; LiveNote/Realtime hookup; video, interpreter service
avail. We use latest in tech. incl. ASCII disks & condensed
transcripts always free of charge w/your transcript. 25th
year in business. 800/955-7969.
FAMILY LAW - CIVIL LITIGATION ATTORNEY w/multiple
years exp. avail. for depos and appearances including
federal court throughout SO CA. Please call Shauna M.
Wickham - 951/440-6938.
FAMILY LAW - CIVIL LIT. ATTORNEY avail. for contract
work: court higs, research, trial assist., prep of motions,
mediations. Ugo-Harris Ejike: 909/890-9082.
CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W.
Hodge, Attorney at Law. 15490 Civic Dr. #204 Victorville,
MISCELLANEOUS
CA 92392 760/951-8773.
NEEDED IN NEEDLES: Free (or LOW COST) Law
Books for local attorneys to use. Bender’s Forms of
Pleading and Practice and Bender’s P’s & A’s. Older
volumes (3 yrs or so) ok. Barbara Beard, 877-7116429 or [email protected]. You may
contact the SBCBA for pick up or drop off. 909/8851986 or [email protected].
OFFICE SPACE
BANNING OFFICE FOR RENT - $1,200 per mo.
Three offices, lobby with fireplace, small kitchen,
bathroom. Handicapped walkway and bathroom.
Large parking area. Call (909)725-3121 and ask for
Ben.
AVAILABLE
OFFICE
FOR
RENT,
VERY
REASONABLE: In prime San Bernardino Area: 1
office available in 1109 sq. ft. office area. Monthly
rent is negotiable and includes internet, reception
area, access to copier and kitchen. Great for Start-up
or Solo! You must see to appreciate. Call 909/9106773.
FOR SALE
FOR SALE: Office computers, fax machines, chairs,
credenza, book cases, desk, filing cabinets, paintings.
Call 909/889-5512 or (cell) 909/213-7375.
FOR RENT in DOWNTOWN SAN BERNARDINO: 3,500
square feet office building, single story with plenty
of parking located within walking distance to the
Court. Just drive by 472 N. Arrowhead to see if you
like location and call to make appointment to view.
Howard Friedman, Broker, CPA, Realicore, 909-4862960.
SUCCESSFUL DUI TRIAL LAWYER
- Practice Limited to DUI Defense
- Extensive Knowledge Behind the Science
- Trained in Field Sobriety Testing
- Well Versed in DMV Licensing Issues
- Referrals Accepted
PATRICK J. SILVA
ATTORNEY AT LAW
788 N. Arrowhead Ave.
San Bernardino, CA
909-888-7992
www.pjsduilaw.com
May 2016
“The oldest continuously active bar association in California”
Paid Advertisement
19
20
San Bernardino County Bar Association
BULLETIN
Workers’ Compensation
of the
San Bernardino County
Bar Association
or
Social Security Disability
“California’s Oldest Continuously Active
Bar Association”
Issue?
Organized December 11, 1875
MAYBE WE CAN HELP!
In Affiliation with the
High Desert Bar Association
2015-2016 Board of Directors
OFFICERS
Victor J. Herrera
President
May 2016
Francisco T. Silva, Scott M. Rubel, Don Featherstone
Darla A. Cunningham, Donald F. Cash
We have over 70 years of experience in representing injured and disabled workers before the
Workers’ Compensation Appeals Board and Social Security Administration. If you have clients who
need help with Workers’ Compensation or Social Security problems, please have them call our office
for a free consultation. We pay referral fees in accordance with State Bar Rule 2-200(A).
Michael P. Reiter
President-Elect
Eugene Kim
Vice-President
Barbara A. Keough
Secretary-Treasurer
Jack B. Osborn
Immediate Past President
DIRECTORS-AT-LARGE
Christopher Gardner
Joyce M. Holcomb
Kerrie C. Justice
Justin H. King
Derek S. Raynes
John W. Short
Josefina L. Valdez
Bradley R. White
Executive Director
Claire E. Furness
“The mission of the San Bernardino County Bar
Association is to serve its members and
the community and improve
the system of justice.”
555 North Arrowhead Avenue
San Bernardino, CA 92401-1201
(909) 885-1986 Fax: (909) 889-0400
E-mail: [email protected]
Web: www.sbcba.org
T
he Bulletin of the San Bernardino County Bar
Association is published 11 times a year. Our
circulation is approximately 1,000, including: our bar
membership of 800, 100 state and federal judges, state
&local bar leaders, legislators, media, and businesses
interested in the advancement of our mission.
Articles, advertisements and notices should be
received by the bar office no later than the fifteenth
of the month prior to the month of publication. For
current advertising rates, please call the number listed
above. Please direct all correspondence to the above
address.
WORKERS’ COMPENSATION LAW CERTIFIED SPECIALISTS
STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION
Lerner, Moore, Silva, Cunningham & Rubel
Ph: 909/ 889-1131• Fax: 909/884-5326
141 North Arrowhead Avenue, Suite 1
San Bernardino, California 92408-1024
www.injuryatwork.com