• 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. NOTICE Ifyouwishtohaveanarticle,notice,oradvertisementpublishedintheBulletin,pleasesubmitittothebarof�icebythe15thofthemonth priortopublicationmonth.Spaceforcamerareadyadsmustbereservedbythe10thofthe monthprior,adcopysubmittedbythe15th. (Itemssubmittedwillbeaccepteddependingon availablespace.) 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 �������������������������������������������� ������������������������������������ The Only ABA-Approved Law School in Inland Southern California ������������������������� ���������������������������� �������������������������� ����������������� ������������ �������� ����� ��� ����� �������� ��� ���� �������� ����� ���� ���� ���� ���� ������� ��� ������������� ���� ����� ���������� ������ ����� ���� ���������������� ���������� ��������� ����������� ����� �������� ���� ������������������������������������������������������������������ �������������������������������������� �������������������������������������������������������������������� ����������������������������������������������������������������������� ������������������������������������������������������������������� ������������������������������������������������������������������������ ��������������������������������� ������������������������������������� �� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � � � � � � � 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” �������������� ������������������ ���������������������� ������������������������������������������ ������������������������������������������� ���������������������������������������������� ���������������������� � ������������ ������������������ ������������������������ � � � ������������������� �������������������������������� � �������� �������������������� �������������������������������������������� ���������������������������������������������� � � � � � � � � � � � � � �� � � � � � � �� � � � � � � � � � � � � � �� � � � � � 17 San Bernardino County Bar Association 18 May 2016 CLASSIFIED ADS SERVICES Registered process server and paralegal services. 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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
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