Lawyer - Santa Barbara County Bar Association

Transcription

Santa Barbara
Official Publication of the Santa Barbara County Bar Association
July 2009 • Issue 442
Lawyer
Bridging the Gap
2
Santa Barbara Lawyer
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Santa Barbara County Bar Association
www.sblaw.org
A Publication of the Santa Barbara
County Bar Association
2009 Officers and Directors
Melissa Fassett
President
Price, Postel & Parma LLP
200 E. Carrillo Street, Suite 400
Santa Barbara, CA 93101
T: 962-0011 F: 965-3978
Lynn E. Goebel
President-elect; Events Committee
Ehlers, Fairbanks & Goebel, LLP
15 West Carrillo Street, Suite 217
T: 879-7513 F: 879-4006
Mack Staton
Secretary
Bench and Bar Conference (2010)
Mullen & Henzell LLP
112 E. Victoria Street
Santa Barbara, CA, 93101
T: 966-1501 F: 966-9204
Catherine Swysen
Chief Financial Officer
Sanger & Swysen
233 E. Carrillo Street, Suite C
T: 962-4887 F: 963-7311
William Clinkenbeard
Past President
Clinkenbeard, Ramsey & Spackman, LLP
Post Office Box 21007
T: 965-0043 F: 965-8894
Lora Brown
Liaison, Legal/Community
Associations
Hardin & Coffin, LLP
1531 Chapala Street, Suite 1
T: 963-3301 F: 963-7372
Luis Esparza
Events Committee
Esparza Law Group, PC
1129 State Street, Suite 13
T: 564-1018 F: 564-1437
Saji Dias Gunawardane
Editor-in-Chief
Law In Motion, PC
924 Anacapa Street, Suite 2-J
T: 845-4000 F: 845-4867
Jennifer Kruse Hanrahan
MCLE Chair
Attorney at Law
285 Chateaux Elise, Suite B
T: 636-5566 F: 966-6407
Richard F. Lee
Liaison / Bench and Bar
Reicker, Pfau, Pyle and McRoy
1421 State Street
T: 966-2440 F: 966-3320
Donna Lewis
Special Projects
Attorney at Law
1727 Bath Street #B
T: 682-6710 F: 682-6710
Cristi Michelon
Events Committee
Eaton, Jones & Michelon
1032 Santa Barbara Street
T: 963-2014 F: 966-2120
John J. Thyne III
Law Day/Law Week
The Law Offices of John Thyne
2000 State Street
T: 963-9958 F: 963-3814
Paul Roberts
1126 Santa Barbara Street
T: 963-7403 F: 966-7869
William Duval, Jr.
Law Day/Law Week
1114 State Street, Suite 240
T: 963-9641 F: 963-4071
Elizabeth Nolan
Executive Director
SBCBA Office
123 W. Padre Street, No. E
T: 569-5511 F: 569-2888
[email protected]
©2009 Santa Barbara County Bar Association
EDITOR-IN-CHIEF
ASSISTANT EDITORS
John Derrick • Winnie Cai
SENIOR EDITOR
Lol Sorensen
EDITORIAL SUPPORT
Adam Carralejo • Jill Jackman Sadler
MOTIONS EDITOR
Justin Greene
CONTRIBUTING WRITERS
Kirk Ah Tye
Brian Burke
Jennifer Duffy
Melissa J. Fassett
Ellen Goodstein
Maureen A. Grattan
Betty L. Jeppesen
Cristi Michelon
Niki Chopra Richardson
Robert Sanger
ART DIRECTOR/COVER ART
Alessandro Casati
PRINCIPAL EVENT
PHOTOGRAPHER
Michael Lyons
CARTOONIST
Michael Ferrone
Submit all EDITORIAL matter to
Saji Dias Gunawardane at
[email protected] with
“submissIon” in the email
subject line.
Submit all advertising to:
SBCBA, 123 W. Padre Street, #E
phone 569-5511, fax 569-2888
Classifieds can be emailed to:
[email protected]
4
Santa Barbara
Official Publication of the Santa Barbara County Bar Association
July 2009 • Issue 442
Articles
Lawyer
Editor’s Message Saji Dias Gunawardane
7 Dos Pueblos High Takes County Mock Trial
Championship
8 Completing the Task
10 The Path I Chose
13 Congratulations, Local Law School Graduates!
14 May Santa Barbara Swearing-in Ceremony
16 Past-Presidents’ Luncheon: A Celebration of Past
and Future
18 Dealing with High Conflict People in Legal
Disputes
20 Legal Aid Shines Bright at 50
27 Torturing the Law of Torture
32 CRLA Reception-Fundraiser
35 A Supreme Journey
36 In Memoriam: Stanley V. Anderson:
Extraordinary Law Professor and Mentor
Departments
38 Motions
41 Classifieds
42 Calendar
JulyJuly
2009
2009
J
eremy Bentham, the English scholar famous for
his ideas on political democracy, once said that
“The power of the lawyer is in the uncertainty of
the law.” Bentham himself had studied law at the age of sixteen, was admitted to practice, but opted not to despite the
fact that his father and mentor (whom he greatly respected)
hoped his son would join him in the profession. For Young
Bentham, however, the concepts underlying the law, their
connections to communities, and the art of putting ideas into
practice were his passion.
As practitioners today, each of us has set sail on a journey
entirely our own. Not all of us aim to reshape society. Yet all
are on a path that is, in some respects, well-trodden and, in
others, uncharted. This inherrent uncertainty in our profession presents the power of opportunity and growth. And in
no instance is that power greater than at the initial stages
of the journey.
Our July issue of Santa Barbara Lawyer is dedicated to the
new local attorneys who recently entered the profession
and, thus, began their respective journeys. I had the pleasure
of meeting many of them at recent events covered in this
issue. And I say with confidence that each of them is not
only poised for success, but brings to our community great
optimism and a strong sense of purpose — strengths at the
core of all good lawyers.
This issue is also dedicated to the memory of former UCSB
professor Stan Anderson. While I did not have the privilege
of knowing Professor Anderson, I know from speaking with
his family and fellow attorneys that he was a mentor to
many in our legal community. As Betty Jeppeson and Brian
Burke note, Professor Anderson never lost his passion for the
law and was tireless in his dedication to students. (See “In
Memoriam,” p. 36.) The Editorial Board is proud to honor
Professor Anderson’s legacy with this publication’s first issue
dedicated to the theme of mentorship and growth.
As students of the law, we know well that our profession
is filled with great promise...and many unknowns. As Santa
Barbara lawyers, we value mentorship as a means to close
the divide. We hope you enjoy the events and profiles in this
issue, and encourage you to extend a hand in welcoming our
newest colleagues.
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Bridging the Gap
the defendant, Leslie Lane, and was the only defendant
to demonstrate her rap in the courtroom. Ms. Rashi Singh
played the role of the defense arson investigation expert.
Scorers noted that it was difficult to imagine that this high
school junior was not an expert in her field. She explained
“offgassing” to the court with understated authority.
Senior Corinne Dorais and junior Alexis Chasney captained the team this year and were lead defense attorney
By Maureen A. Grattan
and prosecution pretrial attorney, respectively. Dos Pueblos
was coached this year by English teacher, Bill Woodard, and
attorney coaches Joel Block, Scott Campbell, and Maureen
Grattan.
he Dos Pueblos High School Mock Trial team beat
Two other Santa Barbara schools competed in the semithe San Marcos High School team 2-0 in the Santa
finals. Laguna Blanca lost to Dos Pueblos, and Santa Barbara
Barbara County finals on February 28, 2009. The
High lost to San Marcos. A total of nine schools competed
Hon. J. William McLafferty and the Hon. Thomas P. Anin the preliminary rounds.
derle presided over the final trials. It was the first time in
According to the Constitutional Rights Foundation, “The
four years that Dos Pueblos beat its cross-town rival in the
program
was created to help students acquire a workcompetition.
ing knowledge of
Each year, the Conour judicial system,
stitutional Rights
develop analytical
Foundation sponsors
abilities and coma statewide program
munication skills,
based on a criminal fact
and gain an underpattern that is as equalstanding of their
ly-balanced as possible
obligations and rebetween the prosecusponsibilities as partion and the defense.
ticipating members
All participating high
of our society. The
schools prepare both
program currently
a prosecution and a
involves 36 Califordefense team, typically
nia counties.” Those
four attorneys and four
who have been aswitnesses. This year’s
sociated with the
defendant, Leslie Lane,
program attest to the
was charged with two
positive impact parcounts: arson and inciting riot. Leslie Lane
Juhi Khemani, left, and Rashi Singh with Judge Rose ticipation makes on
the lives of the team
was an aspiring rap
members. Many of
star and claimed that
the students write about their Mock Trial experiences in
her song “Burn ’em Out” was artistic and political in natheir college application essays.
ture and, therefore, constitutionally protected speech. The
The local program could not operate without many volprosecution contended that she exceeded the bounds of
unteers. It is coordinated by Josefina Martinez, secretary
protected speech and that her speech led to the burning of
to the Hon. J. William McLafferty and the Hon. Brian Hill.
a local cult’s community center.
Ms. Martinez is assisted by several other members of the
Dos Pueblos represented Santa Barbara County at the
court staff in running the courtrooms on competition days.
State Mock Trial Competition in Riverside on March 20Each team was coached by teacher and attorney volunteers
22, 2009. The team placed 13th out of a field of 34. Two
who started meeting in September with their teams. The
of the Dos Pueblos defense witnesses were recognized as
giving the most outstanding performances for their roles
Continued on page 19
in the entire state. Sophomore Juhi Khemani portrayed
Dos Pueblos High
Takes County Mock
Trial Championship
T
July 2009
7
Bridging the Gap
Law Week High School
Essay Contest Winners
Consider Lincoln’s
Legacy
By Christine Kopitzke
L
ocal high school students participated in Law Week
again this year by submitting essays for a contest
sponsored by the Santa Barbara County Bar Foundation. The theme for Law Week 2009, sponsored by
the American Bar Association, was “A Legacy of Liberty:
Celebrating Lincoln’s Bicentennial.” Drawing from this
national theme, the Bar Foundation asked local students
to consider and write about the topic: “What Can President
Obama do to carry forward President Lincoln’s legacy of freedom,
in our government and our society?”
Students from Bishop Diego, Carpinteria, Cate, Dos
Pueblos, Laguna Blanca, San Marcos, and Santa Barbara
High Schools were invited to participate. Forty students
from Carpinteria, Dos Pueblos, Laguna Blanca, and San
Marcos submitted essays. Essays were judged based on
adherence to the theme, content, originality, and overall
quality of writing.
This year’s essay contest winners and the awards they
received are:
First Prize: Kevin Lunn, Laguna Blanca Upper School.
Completing the Task
By Kevin Lunn
High School Student
Laguna Blanca School
I
t is a chilly November afternoon in Gettysburg,
Pennsylvania, 1863. In front of a large crowd, a
tall man with a tanned complexion steps up to a
podium. He speaks clearly and with confidence. Abraham
Lincoln, the 16th President of the United States, urges the
crowd to honor the ideals for which so many had died during the Battle of Gettysburg; to help a country founded upon
the ideas of freedom endure its greatest challenge.
8
Second Prize: Max Parker, Carpinteria High School.
Third Prize: Devin Nigro, Laguna Blanca Upper School.
Honorable Mentions: Hilary Ribbens, Carpinteria High
School; Alina Wattenberg, Laguna Blanca Upper School.
First, second, and third place winners received prizes of
$300, $200, and $100, respectively. Honorable Mention
winners received rosewood Law Day gift pens. All received
certificates to commemorate their accomplishments.
The contest was organized and judged by local attorneys Herb Fox, John Derrick, and Christine Kopitzke, all
members of the Bar Foundation Board of Directors. Herb
Fox, chair of the essay contest, noted of the winning essay,
which is published in this month’s Santa Barbara Lawyer,
“Kevin wrote an elegant and eloquent essay affirming his
hope, and that of his generation, that President Obama can
carry forward President Lincoln’s legacy of freedom in these
times of crisis and change.” The judges presented awards
and certificates to the winners on the evening of April 27
at the Santa Barbara County Courthouse.
The essay was just one of the events in a full week of
lectures and programs presented by the Bar Foundation as
part of its 2009 Law Week celebration, with the active participation of Santa Barbara County Bar Association, judges
and attorney staff of the Santa Barbara County Superior
Court, the Santa Barbara County District Attorney and
Public Defender offices, the Santa Barbara College of Law,
the Santa Barbara Legal Secretaries Association, the Legal
Aid Foundation of Santa Barbara County, the Santa Barbara
Barristers, CASA, the Santa Barbara Women Lawyers, the
Anti-Defamation League, Westmont College, and numerous area attorneys.
Through his speeches and actions, President Lincoln left
a legacy of freedom that encompasses two main ideas:
equality and justice. While Lincoln did not fully achieve
either of these during his time as President, he succeeded
in taking the first steps toward both by ending slavery in
America. His actions have inspired generations of individuals to fight for every freedom granted in our Constitution.
When President Obama delivered his inaugural address; as
he spoke to a crowd of over one million people on Capitol
Hill and millions more worldwide, he solidified a victory
for freedom in America. The fact that an African-American
has become President of a nation which upheld Jim Crow
laws until 1965 demonstrates the extent to which racism
has declined in our nation, thanks to the conviction of individuals who demanded equality and justice. But the fight
for freedoms in America is not yet over.
As Barack Obama begins his four-year term as President,
Bridging the Gap
minorities that the age of inequality is nearly over; that with
he faces many threats to justice and equality. One must
hard work and determination, anything is possible.
simply compare the city of Santa Barbara to that of HarBesides providing equal opportunity in America, Presilem to see that economic inequality plagues our country.
dent Obama must also value and adhere to the rules of
However, it is imperative that President Obama take a
justice set forth in our Constitution. When the security of
lesson from President Lincoln; that he decide not to force
American citizens is in danger, it is always tempting for
economic equality, but instead strive to create an environthe Commander-in-Chief to make exceptions when dealment of equal opportunity by bettering the nation’s public
ing with possible suspects. During the Civil War, President
education and acting as a model for all minorities. More imLincoln himself suspended the writ of habeas corpus and
portantly, however, Obama faces a decline of civil liberties
detained secessionist leader John Merryman. Historians
in the age of terrorism. With the danger of the September
have long since forgiven Lincoln for his actions because of
11th terrorist attacks constantly in memory, it has become
the just reasons behind the Civil War — the ends, they say,
far too common for the freedoms set forth in the Bill of
justify the means. After the September 11th terrorist attacks,
Rights to be sacrificed in the name of National Security.
President Bush called for similar action: around 1200 forPresident Obama must realize that any minor exception
eigners were detained and
in civil liberties decreases
their charges were never
the reliability of our Conpresented. The security of
stitution to protect the
American citizens, argued
freedoms which so many
Bush, was far more imporhave fought and died for.
tant than ensuring the rights
Currently, the level
of possible terrorists.
of economic inequality
President Obama will face
among Americans is quite
similar decisions as President
apparent. However, as
Bush. He may have the opLincoln noted during a
Contest finalists, from left to right: Hillary Ribbens from Carpenteria High portunity to deny suspects
New Haven speech in
March of 1860, it is not the School (Honorable Mention), Devin Nigro and Kevin Lunn from Laguna Blan- the right to a speedy and
ca Upper School (Third Place and First Place, respectively), and Max Perkins
duty of the government from Carpinteria High School (Second Place). Not pictured: Alina Wattenberg, public trial, suspend the writ
to condemn all economic
also from Laguna Blanca (Honorable Mention). Photos: C. Kopitzke of habeas corpus, or refuse
them equal treatment. But if
inequality: “I don’t believe
President Obama values the
in a law to prevent a man
freedoms which America was founded upon, he must find
from getting rich, it would do more harm than good. So
ways to keep our country secure without making excepwhile we do not propose a war on capital, we do wish to
tions to the Bill of Rights. It is hypocritical for a nation that
allow the humblest man an equal chance to get rich with
holds its constitution so dear to damage the very freedoms
anybody else.” (Padover 173.) Lincoln knew that even in
which the enemies of America stand against. Benjamin
a perfectly equal society, some people would take advanFranklin said, “Those who would give up essential liberty
tage of their opportunities to become financially successful
to purchase a little temporary safety, deserve neither liberty
while others would ignore that opportunity, thus creating
nor safety.” While it is important for President Obama to
a natural discrepancy of wealth.
keep our country safe, it is imperative that he never falter
What our society has not yet achieved, however, and
on the lines of liberty; that he extend the ideals of America
what President Obama must strive to accomplish, is the
to all, no matter what the circumstance.
assurance of equal opportunity among all Americans. FinanNearly one hundred and forty six years have passed since
cial success in the current technological age depends largely
President Lincoln stepped from the stage in Gettysburg,
on the degree of education which an individual receives.
Pennsylvania after urging his crowd to fight for freedom. I
To move closer to equal opportunity, President Obama
urge President Obama to continue that fight; to take the final
must bolster public education programs across the country
steps toward equal opportunity; and to restore the freedoms
so that people of every ethnicity and from any economic
which have been sacrificed in the name of national security.
background can achieve a 21st-century education. President
If President Obama can accomplish these things, he will not
Obama also has the opportunity to inspire others through his
only carry forward President Lincoln’s legacy of freedom,
own story. As he commands this nation, President Obama
but he will establish a legacy of his own.
will show the African-American community and all other
July 2009
9
Bridging the Gap
The Path I Chose
By Adam Carralejo, Law Student
Santa Barbara College of Law and
Law Student Intern, Editorial Board
I
have wanted to be an attorney since my junior year
of high school. At that time, I enjoyed argument
more than discussion. I felt that the language skills
of writing and reading were my strengths. I would rather
write an essay than do a math problem or science experiment. I listened to what my various mentors said and it
seemed like a career in the law would be a good idea.
In particular, I had an aunt who was a C.P.A. tell me that
NOW IS THE TIME
TO SCHEDULE YOUR
PORTFOLIO REVIEW.
Career Expectations
The goal I had back when I was a teenager is the same
one I aspire to today. I want to be an estate planning attorney in Santa Barbara. Obviously, growing up here and
having family in the area, I want to practice here. But as
I gain more experience working and studying in the area,
getting to know various attorneys in town, I have come to
appreciate the sense of community in the legal profession
in Santa Barbara.
When it comes to the art of practicing the law, dealing
with clients, and running a professional business, you can
only learn so much through textbooks. It is important to
have access to people who have traveled the path in front
of you. It is also helpful to have mentors who are doing
exactly what you want to do. My mentors, such as my
employer, Greg Merrill, a former professor, John Thyne, and
the Editor-in-Chief of this publication, Saji Gunawardane,
are all practicing attorneys. These relationships are valuable
to me because they offer an insight into the day-to-day
practice of law.
That’s why you should schedule your portfolio review
today. This is an ideal time to discuss how the market may
have impacted your financial goals. Then we can help you
decide if you should revise your investments. And even
if you don’t need to make changes, it’s still important to
evaluate your investment strategy and help ensure it’s still
on track with your goals.
Opportunities and Exposure
Call today to schedule your free portfolio review.
Law students in Santa Barbara are very lucky. Whether
you are talking about judges, government attorneys, or
private practitioners, the legal community here is remarkably willing to help and advance the careers of dedicated,
hard working students. The Santa Barbara College of Law
offers opportunities to gain exposure to the legal profession through its faculty, consisting largely of practicing
attorneys, and internship programs which allow students
to research and write for judges and attorneys in a real
world setting.
Daniel J De Meyer
Financial Advisor
.
www.edwardjones.com
Adam Carralejo
The Importance of Mentorship
When you stop to think about what’s happened in the past
year, it’s easy to realize how quickly things can change.
125 E De La Guerra St Ste 101
805-564-0011
she saw a lot of work for
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July 2009
11
12
Bridging the Gap
Congratulations,
Local Law School
Graduates!
By Jennifer Duffy
O
n April 25, 2009, the Santa Barbara College of
Law graduated its 2009 class. The ceremony was
held in the Mural Room of the Santa Barbara
County Courthouse and was attended by friends, family,
and members of the faculty of the law school. John Kirby
was the keynote speaker, and he offered meaningful words
of wisdom to the graduates about civility and ethics. After
the ceremony, a reception was held at SoHo Restaurant in
downtown Santa Barbara.
As July’s theme of this publication is “bridging the gap,”
I thought it was especially meaningful to see two of my
friends graduate in this ceremony: Matt Moore and John
Ginder. I have known both of them for over 20 years. It
was a special moment for me to be able to watch them
graduate from law school, on the cusp of entering into this
profession.
Congratulations to all of the graduates on this wonderful
achievement!
Jennifer Duffy is a partner at Fell Marking Abkin Montgomery
Granet & Raney, LLP.
Dean Heather Georgakis and Matthew Moore
John Ginder and his proud parents, attorney Brad Ginder and Ursula Ginder
Meet the Class of 2009. Top row: Jonathan Kae-Chi Wang, John Ginder, Scott N. Dunaway and
Matthew C. Moore. Middle row: Wendy G. Kontos, David Ganey Kelly, Jason Frantz and Bram C.
Craig. Bottom Row: Maribel Aguilera, Gary R. Semerjian, Leanna M. Gerritsen, Julie A. Stillman,
Jordan D. Hankey, and Kendra L. McWright. (Not pictured: Robert R. Amador, Susan J. Davidson,
Daniel Paul Flores, Christopher Edward Polos, Jennifer Yates)
Photos: J. Duffy
July 2009
13
Invitation to this year’s commencement at
Santa Barbara College of Law
Bridging the Gap
May Santa Barbara
Swearing-in
Ceremony
By Justin Greene
O
n May 27th the local swearing-in ceremony was
held in the historic Santa Barbara Courthouse Mural Room. The ceremony was jointly presented
by the Santa Barbara Barristers (SBB) and the Santa Barbara
County Superior Court. The event’s purpose was twofold.
First, the ceremony was held to administer the attorney’s
oath of office to those who had recently passed the February California Bar examination. Second, the ceremony
was held to introduce the new admittees to the local legal
community.
Newly admitted attorneys included Wendy Kontos,
Gary Semerjian, Matthew Moore, Kendra McWright, Jason
Frantz, Marysol Castro Bretado, and Brooke Cleary. The en
banc panel of local jurists was comprised of Judges James
W. Brown, Jean Dandona, Denise de Bellefeuille, George
Eskin, Arthur Garcia (Presiding), J. William McLafferty, and
Kay Kuns as well as Commissioners Edward DeCaro and
Deborah Talmage. A capacity crowd of co-workers, friends
and relatives were also on hand to witness the occasion and
celebrate the accomplishments of those being sworn in.
The ceremony was hosted by the current SBB President
Gabriela Ferreira. Numerous local legal organizations including SBB, the Santa Barbara County Bar Association,
Santa Barbara Women Lawyers (SBWL), the Legal Aid
Foundation of Santa Barbara County, and the William L.
Gordon Inn of Court, were present to inform the newly
admitted attorneys about their missions and activities.
The first speaker representing SBB was Justin Greene who
discussed the organization’s various educational and social
activities. Next, the local bar association was represented
by Saji Dias Gunawardane. Mr. Gunawardane spoke of the
common thread of “service” integral to all of the local legal
organizations. Mr. Gunawardane then implored the newly
admitted attorneys to participate in Legal Aid’s “10 by 2010”
pro bono program. Brandi Redman, Supervising Attorney of
the Legal Resource Center and SBWL Vice President spoke
on behalf of both Legal Aid as well as SBWL. Ms. Redman
discussed how Legal Aid provides access to the civil justice
system for low income residents and the ways in which the
14
newly admitted attorneys could assist. Finally, Judge Denise
de Bellefeuille, gave an impromptu address regarding the
history and mission of the William L. Gordon Inn of Court
in imparting civility in the local legal community.
At the conclusion of the presentations Presiding Judge
Garcia introduced the new admittees individually whereby
they had the opportunity to be congratulated by every
member of the en banc panel. Once the new admittees
present on the dais, Judge Garcia administered the attorney’s oath. Afterwards Judge Garcia gave each of the
newly admitted attorneys an opportunity to tell those in
attendance a summary of their personal histories. A brief
summary of their backgrounds follows. The Editorial Board
is proud to introduce the local bar to . . .
Wendy Kontos
Wendy Kontos attended the University of California at
Santa Barbara (UCSB) and matriculated with a Bachelor’s
degree in English in 1998. After her undergraduate studies,
she worked as a researcher for the television series Law
and Order which sparked an interest in the legal field. In
2009 Ms. Kontos graduated from the Santa Barbara College
of Law. During her legal studies she interned at the Legal
Resource Center, Public Defender’s Office and District
Attorney’s Office. Ms. Kontos currently volunteers at the
District Attorney’s Office.
Gary Semerjian
Gary Semerjian attended the University of Southern
California where he graduated in 2002 with a Bachelor of
Science in Business Administration. He graduated from the
Santa Barbara College of Law with Honors in 2009. During
his legal studies he was presented with multiple Witkins
Academic Achievement Awards. Mr. Semerjian interned
at the Los Angeles County District Attorney’s Office as
a certified law student. During law school, he also participated in the William L. Gordon Inn of Court and Delta
Theta Phi law fraternity. He is currently volunteering at the
Legal Resource Center. His short term goal is to practice
in an area where both his prior work experience and legal
backgrounds will be utilized.
Matthew Moore
Matthew Moore graduated from UCSB with a Bachelor
of Arts in History in 2001. Mr. Moore graduated from the
Santa Barbara College of Law in 2009. During the course
of his legal studies, he interned with the Housing Authority of the City of Santa Barbara as well as for Judge Brian
Hill. His immediate goal is to work in family law, but he
looks forward to exploring other areas of the law as well,
Bridging the Gap
Newly admitted attorneys (front row from left) Wendy Kontos, Gary Semerjian, Matthew Moore, Kendra McWright, Brooke Cleary, Jason
Frantz, and Marysol Bretado
especially where he can be of use to small businesses.
Kendra McWright
Kendra McWright attended San Francisco State University for her undergraduate education before beginning
law school at the Santa Barbara College of Law. She was a
member of the Delta Theta Phi Law Fraternity and served
as Secretary of the Student Bar Association. During her legal
studies Ms. McWright interned at the Legal Resource Center
as well as clerked for Commissioner Deborah Talmage. Ms.
McWright is currently employed with Disability Rights
California as a Client’s Rights Advocate. Jason Frantz
Jason Frantz graduated from UCSB in 2001 with a Bachelor of Arts in History and a minor in French. He graduated
from the Santa Barbara College of Law in 2009. Mr. Frantz
was employed by Archbald & Spray when he started law
school. During his third year he joined the Santa Barbara
Superior Court, where he clerked at various times (in every
criminal department) for Judges William Gordon, Joseph
Lodge, Harry Loberg, Frank Ochoa, Brian Hill, Clifford
Anderson as well as Commissioners Deborah Talmage and
Edward DeCaro. He also interned with the District Attorney’s Office. Mr. Frantz was responsible for re-activating
the Delta Theta Phi Law Fraternity and he served as Dean
for the initial year. Mr. Frantz is currently employed at Hill,
Trager & Colton.
July 2009
Marysol Castro Bretado
Marysol Castro Bretado graduated from the Southern
California Institute of Law in June of 2008. She pursued
a legal education based on her desire to help people in a
way they might not be able to help themselves. Ms. Castro
Bretado was the editor in chief of the student bar publication the Advocate as well as the student bar association
treasurer. During her legal education she interned at the
Public Defender’s Office. Ms. Castro Bretado is currently
employed at the Law Offices of Steven R. Andrade.
Brooke Cleary
Brooke Cleary attended the University of Connecticut
where she graduated summa cum laude in 2003 with honors
with a Bachelor’s degree in English. She was a Babbidge
Scholar and had the honor of being a commencement
speaker. Ms. Cleary graduated in 2007 from Suffolk Law
School in Boston, Massachusetts where she was on the
Dean’s List. During her legal studies she interned with the
Probate Court in Cambridge, Massachusetts. Brooke was
admitted to the Florida Bar in 2007. Brooke attended the
University of Miami School of Law where she earned her
LLM in Estate Planning in 2008. Ms. Cleary is currently an
associate with Ambrecht & Associates.
Justin Greene is a newly admitted attorney and Santa Barbara
Barristers Director.
15
Bridging the Gap
Past-Presidents’
Luncheon
A Celebration of Past and Future
By Melissa J. Fassett
W
hile “Tax Day” may be a day of stress for many,
a group of stalwart members of the bar spent
Tax Day 2009 enjoying a delicious lunch at Elements Restaurant. On blustery April 15, 2009, 29 attorneys
and judges broke bread together at the annual Past Presidents’ Luncheon. The Luncheon is an annual event, at which
the men and women who have served as president of the
Santa Barbara County Bar Association are recognized. The
Luncheon is also attended by the judges of Santa Barbara
County and provides an opportunity for the new members
of the bar to meet the members of the bench. It is traditional
that all new attorneys and newly admitted members of the
bar are invited to the Luncheon to meet the past presidents
and the judges who sit in Santa Barbara County and to be
welcomed to the bar.
This year, the attendees included the Hon. Harry Loberg,
the Hon. Thomas P. Anderle, the Hon. Frank Ochoa, and the
Hon. Jean Dandona. Also attending were past presidents
Marilyn Anticouni, William Brace, Michael Colton, William
Duval, Brad Ginder, Tom Hinshaw, Joe Howell, David K.
Hughes, Betty Jeppesen, Tim Metzinger, Sue McCollum,
and Kirk Ah Tye, as well as current President Melissa Fassett. The group of promising new admittees who mingled
with the crowd included Jennifer Adkins, Jacqueline Binger,
Brendan Doherty, Joshua Graae, Justin Green, Megan Leisz,
Mark Melton, Kevin Nimmons, Lisa Runyen, and Shannon
Sprenger.
The Luncheon provides an opportunity for all of the
attendees to get to know the judges and the new admittees a bit better in a relaxing environment. This year, each
past president was invited to introduce one of the judges
or one of the new admittees to the rest of the group. This
allowed each speaker to provide the group with their subject’s professional background and history, as well as a bit
of personal insight into the lives of those they introduced.
The introductions were sometimes humorous, sometimes
colorful, and sometimes irreverent, but always enjoyable.
The introductions revealed the new admittees to be a bright
group of active, high-achieving young lawyers who are, or
will soon be, practicing among us.
Across the street, a film crew was setting up their equipment in the Sunken Gardens, in town shooting a movie
reportedly featuring Meryl Streep and Alec Baldwin. While
those lunching at Elements angled to try to get a glimpse
of one of the actors, no famous faces were in the vicinity
that day. However, the diners had the pleasure of mingling
with our local celebrities — the lawyers and judges attending the Luncheon.
New Attorneys Shannon Sprenger and Justin Greene confer with Michael
Colton and Joe Howell
16
Tim Metzinger shares some pointers with
Joshua Grace and Kevin Nimmons
Bridging the Gap
David Hughes with Brendan Doherty
Judge Thomas P. Anderle and Marilyn Anticouni
confer with Lisa Runyon and Megan Leisz
Brad Ginder introduces Kevin Nimmons
Photos: S. Gunawardane
July 2009
17
Inn Focus
Dealing with High
Conflict People in
Legal Disputes
By Justin Greene
W
hat happens when attorneys find themselves
working with rigid and uncompromising clients
who lack empathy and have a difficult time accepting loss? What are the issues specific to high conflict
people involved in litigation, negotiation or mediation
that attorneys need to be aware of? For answers, one only
sequels. However, Morgan had fallen on difficult times. His
financial difficulties stemmed from a string of box office
bombs and his wife’s proclivity for shopping sprees.
In the video, Morgan visits his attorney Babs Nouveau
(Betty Jeppesen), regarding a breach of contract action
filed against him by his former manager Art Short (Joshua
Graae). Art’s complaint alleges Morgan fired him without
cause and cut him out of the upcoming production of the
much anticipated Lethal Instinct V.
Babs advises Morgan to consider either settlement or
mediation due to the high costs associated with litigation.
However, the emotional and difficult Morgan flatly refuses
and even suggests that Grinn & Barret take the case on a
contingency basis. Instead of taking responsibility for his
own precarious financial situation, Morgan wildly infers
that his difficulties must be the result of embezzlement by
Art. In response to Art’s suit, Babs files a cross-complaint
“I’ll sue you and I’ll ruin you and my attorney will make sure your lame little
project gets deep-sixed and you’ll never work in Hollywood again.”
– Art Short
needed to be present at Pupillage Five’s presentation titled
“Dealing with High Conflict People in Legal Disputes.”
Presenting members included Commissioner Colleen
Sterne, Allan Morton, Betty Jeppesen, Joshua Graae, Naomi
Dewey, Henry Bongiovi and James Sweeney. The presentation included a well produced three act video skit as well
as a live topical lecture by guest speaker Bill Eddy, who is
an attorney, Certified Family Law Specialist, law school
instructor and author of numerous books.
Scene 1: Client Interview
The protagonist in the video was fading Hollywood movie
star Morgan Simone (Allan Morton). Morgan was the star of
such memorable blockbusters as Lethal Instinct and its three
18
“Short handled all my money. He must have been
embezzling, the crook!”
– Morgan Simone
alleging breach of contract and breach of fiduciary duty.
Scene 2: Settlement Conference
Morgan and Art, both being rigid and uncompromising, understandably have a difficult time finding common
ground at the settlement conference. Art threatens to ruin
what’s left of Morgan’s career. In response, Morgan accuses
Art of the Hollywood agent ‘trifecta’ of embezzlement,
infidelity with his wife, and having a cocaine habit.
Art then takes his attorney Bob Loblaw (Henry Bongiovi)
into another room for a private chat. He refuses to settle
or compromise and even asks Bob to “get me a cease and
desist order.” Art isn’t interested in any options offered by
his attorney, and only wants to collect damages!
Inn Focus
Scene 3: Meeting with Divorce Clients
In the final act, Babs Noveau meet with Morgan, and his
wife Candi (Naomi Dewey) to discuss their impending
divorce. Morgan is seeking a dissolution of marriage and
desires to keep the divorce out of the media. However, the
meeting does not go smoothly. Morgan does not help his
case by his accusation that his wife metaphorically won the
lottery when they married, but thereafter squandered their
fortune. Not to be outdone, Candi hysterically accuses her
husband of being unfaithful throughout the marriage.
Working with High Conflict Clients
Guest speaker Bill Eddy began his presentation with a
discussion of the common issues of high conflict people.
These individuals can be rigid and uncompromising as well
as have a difficult time accepting and healing loss. Their
emotions dominate their thinking, and they generally work
against their own self-interest. Finally, high conflict people
tend to have an inability to reflect on their own behavior.
Attorneys need to be aware that there are issues specific
to high conflict people involved in litigation, negotiation and
mediation. These individuals have difficulty with empathy
and are preoccupied with blaming others. In addition, high
conflict people generally avoid responsibility and depend
on others to solve their problems.
Eddy emphasized that personalities have a critical significance in legal disputes. Reasonable persons are able to settle
and resolve conflicts. However, clients with personality
disorders may be unable to do so.
According to Eddy, there are two key issues involving clients with personality disorders. First, clients with
personality disorders have a lack of self awareness. They
generally lack awareness of why they are the way they
are, how they contribute to their own problems and how
to change. Second, these clients lack the ability to adapt.
Their behavior becomes rigidly patterned which causes
significant social impairment. The social impairment then
causes significant internal distress.
The remainder of the presentation consisted of pointers
on how attorneys could deal with high conflict clients. One
way attorneys can deal with these clients is to lower their
expectations for change with these clients. Alternatively,
attorneys should listen to highly-insistent emotions with
their EAR, i.e. empathy, attention, and respect. Other ways
attorneys can deal with high conflict clients is to focus the
clients on specific tasks, see them for their strengths, and
to maintain a healthy skepticism of the accuracy of the
information they provide.
July 2009
Grattan, continued from page 7
local bench is extremely supportive, allowing the teams to
scrimmage visiting schools in the Santa Barbara County
courthouse on nights and weekends. On competition
weekends each February, the success of the competition
depends on the volunteer hours of many local jurists to preside over the trials and attorneys to score them. This year’s
presiders included Steven A. Amerikaner, Hon. Thomas
P. Anderle, Judge Clifford R. Anderson, III, Marvin Bauer,
Judge James W. Brown, Judge Jean Dandona, Commissioner
Edward DeCaro, John Derrick, Hon. George C. Eskin,
Gerald M. Franklin, Judge
Brian E. Hill, Thomas P.
Hinshaw, Judge J. William The local program could
McLafferty, Judge Frank J.
Ochoa, Susan H. McCollum, and Commissioner not operate without
Colleen K. Sterne.
Attorney Scorers are
vital to the program. This volunteers . . .
year’s participants were
Janean Acevedo Daniels, The local bench is
Jennifer Adkins, Marilyn
Anticouni, Alexandra M.
Barnhill, Mary Pat Barry, supportive . . .
Ann Battles, Jacqueline
Binger, Jason Carini, Tracy Rangel Cruz, Robert D. Attorney scorers are
Dominguez, Luis Esparza,
Beatriz P. Flores, Gerald vital.
M. Franklin, Carl Gans,
Russell Ghitterman, Brian
Gough, Trudy A. Golobic,
Ruben Gutierrez, Jeffrey R. Hazarian, Aaron Heisler, John
Hunter, Betty L. Jeppesen, Sarah J. Knecht, Chris Linz, Matthew J. Long, W. Brennan Lynch, Donna M. Lewis, Sean
Mason, Joseph Martinez, Bruce McIver, Greg McMurray,
Mark Nachison, Stephen Penner, David Peterson, Raymond
Rengo, Michael Ring, Marina Santisteban, James Sweeney,
David Tappeiner, David N. Tedesco, Sigrid Twomey, Joshua
Webb, and Lorraine Woodwark.
The teams have already begun counting down the days
until the case packet is released for 2010 competition.
Dos Pueblos wants to keep its trophy. San Marcos wants
it back. And several other county schools want to bump
either Dos Pueblos or San Marcos out of the finals. Attorneys are urged to consider calendaring one or both of
the last two Saturdays in February 2010 to participate as
scorers. The competition gets better and better each year.
To watch these students in action is to have great hope for
the future of our country.
19 Legal Community
Legal Aid Shines
Bright at 50
By Niki Chopra Richardson and
Ellen Goodstein
O
ver 300 guests attended the 50th Anniversary
celebration for the Legal Aid Foundation of Santa
Barbara County held at the gorgeous Sunken
Garden of the Superior Courthouse in Santa Barbara on May
16, 2009. The event honored 11 individuals who each have
made an indelible contribution to the Foundation over the
past 50 years. The list of names of worthy individuals who
deserved recognition was long and nominations committee
members had a difficult task of narrowing the list down to
11, each of whom received a framed gold record as a token
of our appreciation. The honorees included The Honorable
Thomas P. Anderle, Nancy Davis, Thomas Hinshaw, Lessie
S. Nixon, Gerald Parent, Ronald K. Perry, Selma Rubin,
Harris Seed, Stanley Schwartz, Philip F. Sinco and Michael
Towbes. Harris Seed and Stanley Schwartz, two of the three
original founding fathers (Lloyd Iverson, deceased) of Legal
Aid Foundation both accepted awards to a standing ovation
from the guests present. It was a wonderful reunion for the
two men who were amazed to see the fruits of their labor
from fifty years ago.
Legal Aid was honored that evening with a Proclamation jointly sponsored by Supervisors Janet Wolf, Salud
Carbajal and Doreen Farr. The Proclamation, which read
in part, “… BE IT ORDERED AND RESOLVED that this
Board of Supervisors honors the Legal Aid Foundation of
Santa Barbara County for fifty years of dedicated service
and further commends Legal Aid for its focus on assisting
our most vulnerable populations to access the legal system,”
was graciously accepted by The Honorable Frank J. Ochoa
and KEYT newscaster Paula Lopez, the honorary chairs of
the event.
Distinguished guests included Stan and Betty Hatch,
two of the evening’s sponsors, Janet Garufo, President of
Montecito Bank & Trust, also a sponsor, Santa Barbara
City Council members Helene Schneider, Grant House and
Das Williams, Judges James Herman, Jed Beebe, and Jean
Dandona, retired Judges William Gordon and Bruce Dodds,
Commissioners Colleen Sterne and Deborah Talmage,
noted ophthalmologist Dr. George Primbs who donated a
20
case of Los Cinco Locos wine for the raffle, as well as partners from such distinguished local law firms as Brownstein,
Hyatt, Farber & Schreck; Fell, Marking et al; Anticouni &
Associates; Cappello & Noël; Hollister & Brace; Mullen
& Henzell; Reicker Pfau et al; Seed Mackall; Ghitterman
Ghitterman & Feld; Ehlers, Fairbanks & Goebel; Howell
Moore & Gough; Sheppard Mullin et al; Stout Wagner &
Kaufman and more.
After accepting his award, The Honorable Thomas
Anderle issued a challenge. He called on each attorney in
Santa Barbara County to volunteer 10 pro bono hours by
December 31, 2009. The brainchild of Legal Aid Board
member Saji Dias Gunawardane, the ‘10 by 2010’ Pro Bono
Challenge got an immediate response from over 40 of the
lawyers present at the event.
The evening was a gastronomic, fashion and entertainment retrospective of the past fifty years. The food,
catered by Elements restaurant, was served by wait staff
in costumes from the past five decades and was a culinary
flashback of the 60s through today, with nostalgia-inducing
favorites like old fashioned Mac ‘n’ Cheese with a truffle
oil twist, Swedish meatballs, sherry soaked trifle, pumpkin
ravioli, and quiche lorraine just to name a few!
The Retters Academy of Dance, Rhythm Machine
Dancers kicked off the night’s program with a high energy
number that had everyone snapping their fingers to the
beat! Additional entertainment included a performance
from 13 year old singer Neenah Taylor and 12 year old Gari
Geiselman. The highlight of the evening’s entertainment
was the legendary Doug McClure of the Rock ‘n’ Roll Hall
of Fame group ‘The Flamingos’ who belted out hits ‘I Only
Have Eyes For You,’ ‘You Send Me,’ and ‘Ain’t Nothing
Like The Real Thing,’ a duet with Catherine Clegg. After
the program, guests danced to the Rock n’ Roll sounds of
LongStoryShort who’s lead singer Ronald Perry was one
of the evening’s honorees. The evening’s festivities stayed
with our guests for a while as the accolades came rolling
in, in the days that followed:
“What a fantastic occasion. I couldn’t get over how professional the event and evening was. People had a blast…”
— Jamie Raney of Fell Marking Abkin Montogmery Graney
and Raney.
“I trust all of you are still reveling in the buzz and kudos
from the event Saturday night. It was great. I love seeing
an event that is so carefully planned and executed. The
range of introducers, protocol on short speeches (which all
followed!) wonderful food, on and on. The Legal Aid staff
should be very proud of a wildly successful 50th anniversary
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24
Legal Aid Foundation of Santa Barbara County
THANKS ITS SPONSORS
50th Anniversary Celebration - May 16, 2009
Patrons of Justice
Anonymous
A-Packaged Parties
Brownstein Hyatt Farber
& Schreck, LLP
Elements Restaurant
Fell Marking Abkin Montgomery
Granet & Raney, LLP
Betty & Stan Hatch
Champions in Court
Ehlers Fairbanks & Goebel, LLP
Fandango Special Events
Howell Moore & Gough, LLP
Marborg Industries
Santa Barbara Independent
Sheppard Mullin Richter & Hampton, LLP
Stout Wagner & Kaufman, LLP
Venoco Inc.
Supporting Friends
Allen & Kimbell, LLP
Beall & Burkhardt, LLP
James DeLoreto
Carol and The Honorable William Gordon
Griffith & Thornburgh, LLP
Hardin & Coffin, LLP
Christopher Haskell, Esq.
Hill Trager & Colton, LLP
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Cappello & Noël Trial Lawyers
Hollister & Brace, LLP
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$50 FOR 50 (YEARS) CHALLENGE
     S B C  
      L A F’ .
,
LEGAL AID FOUNDATION OF SANTA BARBARA COUNTY
Thank you to our current 50 for 50 contributors.
Hon. Thomas Anderle
Marilyn Anticouni
Dallas Leigh Atkins
James Ballantine
Hon. Jed Beebe
Robert L. Bletcher
Benjamin Bycel
Michael A. Colton
Jim Cordes
Yvonne Cudney
Jennifer Drury
Susan Epstein
Benjamin Feld
Russell Ghitterman
Allan Ghitterman
Inge Gatz & Steven Gilbar
Marilyn Gilbert
Ellen M. Goodstein
Brian G. Gough
Justin N. Greene
R. Thomas Grifth
Sue Hawes
Hon. James Herman
Gary J. Hill
Juan J. Huerta
Marjorie Johnsen
Jody M. Kaufman
Marcus J. Kocmur
James and Celia Laichas
Alexander Lambrous
Douglas B. Large
Trevor D. Large
Tni M. LeBlanc
Ann K. Levine
Graham M. Lyons
Eileen Mackin-Getzoff
Pauline Maxwell
Hon. Willard W. McEwen, Jr.
Kenneth L. Moes
Hon. James L. Pattillo, Ret.
Melissa M. Pritchett
Susanna Pullen
Mark and Christine Reusch
Glenn L. Robertson
Monica M. Robles
Philip F. Sinco
Thomas F. Stone
Kathleen M. Stout
Timothy J. Trager
David C. Turpin
Daniel C. Wagner
Sue Ward
Harwood White
Jane Tanner Wierda
Harvey Wolf
Mindy A. Wolfe
*As you can see we have a long
way to go - we really need
your support to continue to
serve the community.
CHANGING LIVES ONE CLIENT AT A TIME
HOW LEGAL AID HELPS THE COMMUNITY
•DOMESTIC VIOLENCE:We help prevent serious injury, and
save lives.We empower victims to take control of their
lives.
• HOMELESSNESS PREVENTION: We assist tenants who live
in substandard housing or face eviction due to unlawful
discrimination or retaliation.
• ELDER LAW:We protect seniors from elder abuse, both
nancial and physical.
• GUARDIANSHIP:We help children to obtain a safe, stable
and secure family setting.
WHY WE NEED YOUR HELP
• POVERTY LEVEL: +Over 4.5 million Californians live below poverty level and more than 6.7 million qualify for
legal aid.
• DEMAND VS. SUPPLY: *There are more than 8,361 vulnerable Californians who qualify for legal aid for every ONE
legal aid lawyer. • AVAILABILITY OF SERVICES: In California we
are able to provide legal help for less than 1/3rd of the
legal needs of Californians who seek assistance.
• ECONOMIC IMPACT: Economic downturn hits the underserved much harder; now more than ever before our
services are in high demand.
*Sources:California Commission on Access to Justice and the State Bar of California’s Legal Services Trust Fund Program
+[US Census data]
*Action Plan for Justice, California Commission on Access to Justice, April 2007
Please tear form at the dotted line and mail to Legal Aid Foundation, Attn: 50 for 50 campaign, 301 E. Canon Perdido Street, Santa
Barbara, CA 93101. For more information, contact Niki Richardson at 805.963.6754 x109 | [email protected].
Name:___________________________________________________________________________________
Address:_________________________________________City:___________________ Zip:______________
Email:____________________________________________________ Phone:__________________________
$150
Other ______________
Amount:
$50
$100
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Visa
Check (make payable to LEGAL AID FOUNDATION)
Card Number: __________________________________________ Exp: __________ CVV(3 digit code)_______
Signature:_________________________________________________________________________________
Legal Aid Foundation is a 501(c)(3) organization.Your donation is tax-deductible to the extent permitted by law. Tax ID 95-2112634
26
Criminal Justice
Torturing the Law of
Torture
By Robert Sanger
T
he torture memos of John Yoo and, now Judge,
Jay Bybee have become infamous. You will recall
that they were written in 2002 for the Department
of Justice (DOJ) and have been roundly criticized as disingenuous interpretations of the Geneva Convention’s prohibition of torture (Convention Against Torture or CAT) and
the criminal provisions of Title 18 of the United States Code
(18 U.S.C. 2340-2340A). Beyond that, they also have been
seen as a part of the ultraconservative theory of the “unitary executive” which gives primacy to the presidency and contends
that the legislature and judiciary are subordinate.
Recently, the conservative magazine National Review published an article claiming that Attorney General Holder, in
a federal case in April of this year, took the same position
that Yoo and Bybee had taken. People like Rush Limbaugh
and conservative bloggers cited this article uncritically. An
urban legend was born.
In this month’s Criminal Justice column, we will look at
the fascinating story behind the federal case and at the actual legal argument made by the DOJ. We will also revisit
the actual arguments in the Yoo and Bybee memos and to
determine if there is any truth to this urban legend.
The Cases of John Demjanjuk
John Demjanjuk was deported to Germany May 12, 2009
to stand trial for Nazi war crimes. He is accused of being
an accessory to murder of 29,000 Jews as a guard at the
Sobibor concentration camp. Other than the fact that he
is 89 years old and that he will be one of the last people
charged and tried for Nazi war crimes arising out of World
War II, the case would not be particularly remarkable. Following the Nuremburg trials, several jurisdictions captured
and prosecuted numerous people for doing the sorts of
things of which Demjanjuk is accused. The prosecution of
a concentration camp guard who allegedly aided in killing
that many people is not that unusual.
Of course trial is one thing and conviction may be
another. The prosecutor’s case against Demjanjuk poses
many problems and questions. There is documentary eviJuly 2009
dence suggesting that John
Demjanjuk is the same
Demjanjuk who participated in these murderous
decisions, but he claims
that it was someone else.
The witnesses are either
dead or very old. The star
eyewitness, who claimed
to have been Demjanjuk’s
roommate after the war, is
now 92 years old.
Incredibly, Demjanjuk
has already been tried,
Robert Sanger
wrongfully convicted and
eventually exonerated in
Israel. In 1977 he was identified as being “Ivan the Terrible” who was allegedly a guard
at the Treblinka death camp on Poland. He was found guilty
in 1988 of crimes against humanity and war crimes based
on the testimony of 10 eyewitnesses. But his conviction
was overturned by the Israeli Supreme Court in 1993, when
evidence surfaced that another man was, in fact, Ivan the
Terrible. Demjanjuk returned to America.
But in 2002, troubles for Demjanjuk started again when
evidence came to light that he was a guard at Sobibor. He
has fought extradition from the United States to Germany
on a number of grounds before the Board of Immigration
Appeals and, eventually, in federal district court and the
Sixth Circuit Court of Appeals.
In a last ditch effort to avoid extradition, Demjanjuk
filed a new petition in the federal district court seeking a
stay of removal. For the first time, he alleged that allowing
removal to Germany would violate the CAT. His argument
was not that he would be singled out for torture or for any
special treatment but that, due to his age and infirmity,
imprisonment in Germany would be equivalent to torture.
The district court denied his petition and he appealed to
the Sixth Circuit. There the Attorney General Eric Holder
filed a Respondent’s Brief taking the fairly obvious position
that simply alleging that a person is elderly and will be in
custody in another country where there is no evidence of
abusive conditions does not amount to torture.
The Ultraconservative Spin
In the May 6, 2009 issue of William F. Buckley’s old magazine, The National Review, an article by Andrew McCarthy
claimed that Holder had now taken the same position that
John Yoo and Jay Bybee had taken in their torture memos.
With the requisite amount of sarcasm, he suggested that
27
Criminal Justice
Holder’s commitment “to follow the law” in the investigation of alleged illegal activities of the Bush administration
was somehow hypocritical and that this brief now vindicated Yoo and Bybee.
The article misrepresented what the Respondent’s Brief
actually said and put a gloss on the Yoo and Bybee memos.
Nevertheless, it was uncritically taken up by the conservative commentators and bloggers as proof positive that Bush,
Cheney, Yoo, and Bybee were right all along.
In essence, the article incorrectly claimed that Yoo and
Bybee had merely taken the position that the CAT required
specific intent to torture and nothing more. It then equated
that position to the position taken by the current Holder in
the Demjanjuk case.
Specific Intent and the Convention Against Torture
The CAT requires that torture be “intentionally inflicted.”
That could be interpreted as general intent, however, the
federal courts, albeit subsequent to the memos, interpreted
the treaty to require specific intent. The United States
Code, on the other hand, appears to require specific intent
to torture on its face. This is not controversial and is the
position taken by Yoo and Bybee as well as the Attorney
General in Demjanjuk.
Holder simply restated now settled law on intent to support the proposition that more is required than an allegation
that a person may be uncomfortable in prison. He cited a
case, Pierre v. Attorney General (3d Cir. 2008) 528 F.3d 180,
which had been argued by the prior administration after
Paul Bielaczyc
Mediation Services
the Justice Department memos of Yoo and Bybee. The
facts of Pierre went far beyond the situation at bar where,
instead of Germany, the petitioner was being extradited to
Haiti. Pierre itself was based on yet another Third Circuit
decision, Auguste v. Ridge (2005) 395 F.3d 123, holding that
the CAT required specific intent. Hence, Holder was simply
citing precedent.
The fallacy is to equate the statement that the courts have
required specific intent to the essence of the Yoo or Bybee
interpretation. The Yoo memo to White House Counsel,
and later Attorney General, Alberto Gonzales, dated August 1, 2002, argued the specific intent interpretation of the
CAT. Later, the Bush Administration’s Justice Department
prevailed on this interpretation in the two Third Circuit
cases referred to above. But Yoo claimed that President
Bush had already determined that neither the Taliban nor
al Qaeda was entitled to any protection under the Geneva
Conventions. Therefore, whether CAT or the federal statutes required specific or general intent was irrelevant.
The Bybee memo, also to Gonzales, dated October
2, 2002, was much longer than Yoo’s earlier memo and
addressed both the CAT and Title 18 enactments. Bybee
incorporated Yoo’s analysis of specific intent but somewhat
infamously decided that certain tortures were not tortures
and that the CAT and the Code were designed to address
“only extreme pain and suffering” and not all acts which
were “cruel, inhumane or degrading.”
However, Bybee’s big contributions to the President and
Vice President’s approval of torture was that first, the treaty
and the statute would infringe on the President’s ability to
conduct war on al Qaeda and, second, that “self-defense”
and “necessity” would be viable defenses to a criminal prosecution. In other words, this had nothing to do with specific
intent. It simply placed the Bush Administration above the
law and above the legislature and the courts. This was an
application of the “unitary executive” principle developed
by the Heritage Foundation and the Federalist Society.
Conclusion
So, the CAT is still a meaningful document as are the
provisions of Title 18 and they do not have a big loophole
allowing leaders of nations (or, maybe, just this nation) to do
whatever they want if they deem it in the national interest.
And, the invocation of the treaty by someone seeking to avoid
prosecution does not invoke a big loophole allowing someone
who may have committed mass murder to claim he will be
uncomfortable in a German jail awaiting charges. Holder’s
position on the latter has nothing to do with vindicating
those who sought to excuse the President and Vice President
from obeying the law. The urban legend is false.
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July 2009
29
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Richardson and Goodstein,
continued from page 20
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and the entertainment and dancing was
fun. I know everyone at my table had an
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and Event Sponsor — Stout Wagner and
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30
In 2008, the Legal Aid Foundation served
over 5,000 Santa Barbara County residents
who needed help with domestic violence, elder
abuse, housing discrimination, small claims, debt
counseling, and public benefits, among other
issues. For more information on how to join the
Legal Aid family and make a difference contact
the Legal Aid office at 805.963.6754 x109 or
[email protected].
The Santa Barbara County Bar Association invites Members and Guests to our
2009 FALL
GOLF & TENNIS TOURNAMENT
DON’T MISS THE AUCTION TO BENEFIT LEGAL AID !
Monday, September 21st
Watch for more information on new golf location!
SFSB_SBLaywers09ad•
Mike Siefe
died in 2005
This fall, he will
send a local student
to college
5/12/09
3:35 PM
Page 1
Mike Siefe had a passion for
providing opportunities for needy
high school students. When his
life was cut short by brain cancer,
an endowed scholarship fund was
established in his name. That
scholarship fund now helps send
students to college, every year in
perpetuity. Mike's passion lives
on through his planned gift to
the Scholarship Foundation of
Santa Barbara.
WHAT LEGACY WILL YOU LEAVE?
You or your clients can establish a scholarship fund now or
for the future. Contact Colette Hadley, Executive Director
at (805) 687-6065 or [email protected].
Scholarship Foundation of Santa Barbara
www.sbscholarship.org
July 2009
31
Legal Community
CRLA ReceptionFundraiser
By Kirk Ah Tye
A
bountiful exotic buffet, exquisite Santa Barbara
wine, and a full house were the perfect accompaniment for David Bacon’s art exhibit, “Living Under
the Trees,” at downtown’s Casa de la Raza, on a sparkling
June 10 evening hosted by California Rural Legal Assistance. David Bacon, a remarkable writer and photojournalist, is Associate Editor at Pacific News Service, writer
for The Nation and American Prospect, and recipient of
prestigious awards. The exhibit chronicled the conditions
and aspirations of indigenous farm worker communities
in California. David also discussed the hardship, culture,
community spirit living within these families, and CRLA’s
representation of them.
At this warm event, CRLA thanked its supporters
throughout Santa Barbara County and had an interactive
discussion about its mission as a public-interest poverty
We Want Your Verdicts
Santa Barbara Lawyer seeks to provide balanced information about verdicts and decisions rendered in
trial courts. The more lawyers participate, the more
useful this service will be to our legal community. If
you have a verdict or decision to report involving a
bench trial or jury trial, we want to hear from you.
Please email [email protected], and we’ll
provide you with the information and format needed
Jose Padilla, CRLA’s Executive Director, presents the organization’s “Humanitarian Award” to Raquel Lopez, Executive Director of Casa De La
Raza at CRLA’s benefit event on June 10, 2009
Photo B. Avila
law firm delivering free legal services in its priority areas
of education, health, housing, employment, public benefits
and civil rights.
In establishing state and local precedents, CRLA’s Executive Director, Josè Padilla, spoke about the law firm’s
steadfast goal of producing the highest-quality legal representation and creating the most genuine legal resolution
for each client. The CRLA Santa Barbara, Santa Maria and
Oxnard offices described their current housing element
work in their pursuit of affordable housing in Santa Barbara
and Ventura Counties, as well as their timely involvement
on behalf of homeowners in foreclosure and tenants subject
to eviction.
The evening wrapped with a special humanitarian award
to Raquel Lopez, Executive Director of Casa de la Raza, in
recognition of her commitment to cultural work and community service. It was an evening of cordial vibes with a
diverse group of supporters, including Santa Barbara attorneys, community leaders, families and elected officials.
CRLA extends its profound gratitude to its generous
local sponsors, Santa Barbara staff members Blanca Avila
and Eleonor Bonemeyer, and the best law clerks in the
universe, Kimberly Almanza, Jaimee Butts, Jacob Miller and
Michelle Nam, the CRLA Development Team, and Santa
Barbara board member attorneys, Janet McGinnis and Clare
Conk. The organization encourages persons who want to
learn more about upcoming events, activities and ways to
support CRLA to contact Melia Parchman, CRLA Development Officer, at [email protected] (805-218-0823), and
visit CRLA.org.
to publish the result.
Kirk Ah Tye is the Directing Attorney of the CRLA Santa Barbara office and a past President of the Santa Barbara County
Bar Association.
32
Kelly Knight has been in your shoes.
And that’s exactly why she’s become
The Lawyer’s Choice in Santa
Barbara Real Estate.
To this leading real estate professional,
Nothing Matters More.
T
rust. Kelly Knight knows it’s an essential element of a
successful working relationship. For more than 15 years,
she excelled as a lawyer and real estate mediation expert
before turning her sights to real estate and earning her reputation
as The Lawyer’s Choice in Santa Barbara real estate.
The years of her life devoted to practicing law provide her with a
unique perspective of the real estate needs of both yourself and
your clients. As a lawyer, your clients trust you to guide them to
the best real estate representation possible. Because she’s been in
your shoes, that’s exactly where Kelly comes in. Her determination
and high-quality real estate services will earn your trust from the
moment you meet her.
K ELLY
T H E
KN IGH T
L AW Y E R ’ S
Whether you’re looking to buy or sell property or if you require
CHO ICE
real estate representation to facilitate closure of a client’s estate or
Call Kelly today to request your free copy of her valuable report,
“29 Essential Tips That Get Homes Sold Fast (And For Top Dollar.)”
Direct: (805) 683-7362 Cell: (805) 895-4406
settlement, don’t take any chances. Instead, look to Kelly Knight for
all your real estate needs. With years of experience as a practicing
lawyer here in Santa Barbara, there’s
Web site: www.santabarbaralawyerschoice.com
no more trustworthy choice.
July 2009
33
THE OTHER BAR
Free confidential assistance to those in the
legal community with substance abuse problems.
Tax Audits
Tax Litigation
Weekly Other Bar recovery Meetings are
held in many areas, and others are being
established. For times and locations, or
to start a meeting in your area, contact the
number or website below.
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Law Office of Gregory Arnold
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Provider of Certified MCLE Instructors
MCLE courses available on our website
www.otherbar.org
Counsel on 18 U.S. Tax Court Opinions
Confidential Hotline:
(800) 222-0767
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510 Castillo Street, Suite 304
805-560-8200
[email protected]
Representative Cases:
www.ArnoldTax.com
34
Bridging the Gap
A Supreme
Journey
By Cristi Michelon
O
ne cannot overlook the history, tradition, and
reverence that exist in our Nation’s Capital. Not
only is this city full of history, tradition, and memorials, it is also home to our Nation’s highest court.
Photographs show the grand nature of its architecture, but
seeing it in person and experiencing its marble structure is
an overwhelming and certainly memorable experience.
Awe inspiring… I ascended the stairs of the Supreme
Court of the United States of America. They are steep,
slick, and cold and lead you into an entrance way with
strong, bold structures. The original spiral staircase is now
cordoned off, but available for viewing... what an amazing
work of art.
The administrator of the Court calls roll, and I am ready
to be admitted. While not appearing before the Court for
argument, I still had butterflies in my stomach. The mere
grandiose nature of the building, the Court, and what it
represents, proved to be worth the trip in and of itself.
The members of the Bar, the press, the public, as well
as the guests of the admittees, were seated in the Court.
It was almost time to get to make our walk down the hall
and through the curtains... it was almost time to make our
first appearance before the Justices of the Supreme Court
of the United States.
My heart was pounding, keeping cadence with the bell as
it rang, and finally the time had come. To my surprise, we
walked through curtains into a small courtroom, decorated
in rich dark colors, heavy fabrics, deep paintings, and carved
marble. The room was much smaller than I had imagined,
but the serious nature with which business was conducted
was overwhelming. The Clerk of the Court dressed in a suit
and tails introduced himself. Drinking coffee from a silver
goblet, he reviewed the order of business.
Clerks busied themselves to ensure that each Justice
had their seat on the bench prepared to perfection… their
binder, their pen, their chair adjusted perfectly.
Once again, the bell rang... the Court was called to order.
Justices appeared... their seats graciously pushed in behind
them... and then the Chief Justice addressed the Clerk of the
July 2009
Court... opinions were to be issued that day! What a treat!
We listened to three opinions being read by the Justices.
The Chief Justice addressed the Clerk of the Court yet
again. Were there any motions to be entertained? The
moving attorneys approached the podium and moved the
admission of the applicant attorneys. My name was called.
I stood and faced our Chief Justice. He even pronounced
my name correctly! He then welcomed us to the practice
of law before the Supreme Court of the United States of
America and wished us luck in our endeavors and then,
facing the Clerk, I was sworn into the Court.
The morning’s case was then called and argument was
heard. It was a spirited and heated exchange between the
Justices and counsel. A faint bell sounded that time was up.
The Chief Justice announced that the case was submitted
and banged his gavel with such force that it sounded as if
there was a microphone in the bench. The Justices were
gone from the bench in a split second and the room was a
flurry of activity. Congratulations abounded to the arguing
attorneys and interested parties. Security urged spectators
to exit from the Court.
Joining the club of lawyers licensed to practice law before
our Nation’s highest Court... joining the club of lawyers
who have visited the court to be sworn in... what a supreme honor, filled with tradition, reverence, and respect.
A journey never to be forgotten.
Cristi Michelon and husband, Raul, in front of the Supreme Court
35
In Memoriam
Stanley V. Anderson:
Extraordinary Attorney,
Law Professor and Mentor
By Betty L. Jeppesen and Brian Burke
T
he legal profession lost one of its best on Tuesday,
May 26, 2009, when Stan Anderson passed away
suddenly and unexpectedly. Professor Anderson
was a member of the Santa Barbara County Bar Association
for 47 years and was responsible for influencing many of
its members to select the law as their profession. Three of
the past Presidents of the Association were
his students.
Professor Anderson will be missed for his
knowledge, his quick wit, and for his instantaneous insights especially about things
connected with the practice or study of law.
He was a true humanitarian. He was the
quintessentially generous man — generous
in the sense that he was willing to give of
himself.
Professor Anderson attended the University of California at Berkeley, where he
received his undergraduate degree, a law
degree from Boalt Hall, and a PhD in Political Science.
He was an outstanding law professor at UCSB since 1961
and advocate and mentor for many local attorneys. Upon retirement, he became a Professor Emeritus and met monthly
with other retired professors at lunches where they would
discuss various ways to assist promising students with their
academic goals. Professor Anderson taught classes in International Law, Jurisprudence, and Constitutional Law.
Professor Anderson’s passion and the academic work
for which he is best known was his research and writing
on the “Ombudsman,” a concept that began in Sweden in
the 1800’s. He is the author of multiple books — including Nordic Councils: A Study of Scandinavian Regionalism and
Ombudsmen for American Government — along with many
chapters and monographs on ombuds studies worldwide.
He addressed this subject as no one else could, because he
was an academic with legal training, a license to practice,
and an interest in and aptitude for Scandinavia and its
languages.
36
This year, Professor Anderson published his latest of
many books, entitled Reform in a Prison Hospital: A Doctor
and an Ombudsman Blow the Whistle (iUniverse Inc., 2009).
The book is based on an Ombudsman’s role in helping a
Nebraska prison doctor obtain adequate health care for
the inmates. Long-time colleague John Moore says: “The
book was a fitting capstone to Stan’s career. It showed what
the office of the ombudsman is capable of accomplishing.
Stan’s work on the ombudsman was his major contribution
to both scholarship and community service. With respect
to ombudsmen studies, no one enjoys greater prominence
than Stan Anderson.”
Professor Anderson’s work on the Ombudsman came
before the institution was known in the United States. It
first preceded, and then coincided with and contributed
to, the ADR movement, as evidenced by the fact that the
UCSB ADR Library bears his name. The Ombudsman, by
whatever name, has become a common feature of American institutions and his work
was one of the necessary conditions for this
to have occurred.
Professor Anderson never practiced law as
a business, but his license has been at work
since he was sworn in. He provided legal
counseling to students by the hundreds and
to colleagues by the score. During the 1980s
and early 1990s, he wrote appellate briefs on
behalf of indigent felony defendants under
the California Appellate Project.
Stan Anderson
Stan’s work and interests were primarily
about people. He was one of UCSB’s most
popular student advisors and would complete student
requests promptly and well. He was the faculty advisor
to political science graduate students from Palestine, the
United Arab Emirates, Saudi Arabia, Iran, India, Pakistan,
Austria, Denmark, Spain, Hungary, Yugoslavia, Chile, Colombia, and Uruguay, and kept in touch with them. He was
incredibly dedicated to his students and, perhaps more than
any other professor, spent time checking on their progress
and happiness in life.
The authors of this obituary have marveled at Professor
Anderson’s dedication to his students and their progress in
life. He never tired of helping them achieve life-long goals.
As his former students, we were both called back to UCSB
by Stan to speak to the Law & Society Program students
about the real world of practicing law and to assist and
encourage current students to become attorneys.
During the 1970s, Stan critiqued applications from
American students seeking research fellowships from the
In Memoriam
The law firm of Allen & Kimbell, LLP
is pleased to announce Senior Estate Planning Associate
Michael C. Gerson, Esq.
has been certified by the
State Bar of California Board of Legal Specialization as a
specialist in Taxation Law.
Mr. Gerson is further certified as a specialist in
Estate Planning, Trust and Probate Law.
Members of Allen & Kimbell’s Estate Planning Department
also hold the following certifications as specialists:
Paul A. Graziano, Esq.
Estate Planning, Trust and Probate Law; Taxation Law
W. Joe Bush, Esq.
Stan and wife Mary Anderson,
hiking in Santa Barbara County,
1990’s
Estate Planning, Trust and Probate Law
Allen & Kimbell, LLP is the only law firm regionally with multiple attorneys
maintaining dual certifications in both Estate Planning, Trust and
Probate Law, and Taxation Law.
Also, members of the firm’s Litigation Department including
John H. Parke, Esq. and James M. Sweeney, Esq.
Below, Professor Anderson coaching
youth basketball in Goleta, 1980’s
have extensive experience in Trust and Estate litigation.
Allen & Kimbell, LLP is a full service law firm with expertise extending to all
aspects of civil litigation, real property law and transactions, business and
individual tax planning, estate planning, and business counseling.
317 E. Carrillo Street, Santa Barbara, CA 93101 (805) 963-8611
www.aklaw.net
Above, Professor
Anderson and
brother Bob, 1930
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July 2009
37
Legal Community
Another attorney on the move is Jonathan Gura. Mr. Gura has joined
Michaelson, Susi & Michaelson, which represents parties in Chapter 11
bankruptcy cases and restructurings. He was previously an associate with
the Los Angeles law firms Irell & Manella, and Klee, Tuchin, Bogdanoff &
Stern. Mr. Gura graduated Order of the Coif from UCLA Law School and then
clerked for Federal District Court Judge Ronald S.W. Lew in Los Angeles.
The Courthouse Legacy Foundation will
host “Las Noches de
Ronda”…a special event
in the loggia outside of
the Mural Room of the
courthouse on August
6, 2009. The event is
open to all “Friends of
the Courthouse” and
includes access to view
all of the Las Noches de
Ronda performances,
and take in the tapas
and drinks. For more information, contact Lora
Brown at [email protected].
Photo: A. Casati
38
EFG
Congratulations to the Santa Barbara Legal Secretaries, SBWL, and
other supporting organizations for
the successful Second Annual LawBowl held last May. This event raised
$2,000 for Teen Court, the local, alterLawBowlAd09BW:Layout 1 3/5/2009 3:48 PM Page 1
native juvenile justice program!
L
W
O
B
AW
ND
O
L
C
SE N U A
AN
L
Not only is SBWL undertaking the salary survey, but its SBWL Foundation
is currently accepting scholarship applications. The scholarship is open to all
current law school students. Recipients will be recognized on September 24,
2009 at a Scholarship Luncheon at the University Club; Judge Jean Dandona will be the keynote speaker. For more information, contact Lora Brown
at [email protected].
Local attorney Lynn E. Goebel
has joined the firm of Ehlers
& Fairbanks, recently renamed
Ehlers, Fairbanks & Goebel.
Ms. Goebel presently serves as
President of the Legal Aid Foundation and President-elect of the
Santa Barbara County Bar Association. A native Californian
and graduate of UCSB and the
Santa Barbara College of Law,
her practice will continue to emphasize family law litigation and
mediation.
at
ZODO’S
BOWLING & BEYOND
If you have news to report — e.g., a new
practice,
a new
hire orBACK’S
promotion,
an apTO BENEFIT
FIGHTING
TEEN COURT
pointment, Get
upcoming
projects/initiatives
A Team... Win
Prizes...
Raise Money For A Good Cause!
by local And
associations,
an upcoming event,
SATURDAY,
MAY
16, 2009
marriage, birth in the family,
or other
12:30-2:30 PM
milestone…
the
Editorial
Board
invites
Registration forms available at Zodo’s
&
online
at
www.sblegalnet.com
you to “Make a Motion!” Send one to
two paragraphs for consideration by the
editorial deadline to [email protected]. If you submit an accompanying
photograph, please be sure it is a JPEG
file with a minimum resolution of 300
dpi; include descriptive captions with all
photographs.
For more information about Fighting Back’s Teen Court, go to
www.cadasb.org/en/fighting-back/teencourt.html
Sponsored jointly by SB Legal Secretaries Association, SB County Bar Association,
SB Women Lawyers, Barristers, and SB Paralegal Association
In Memoriam
Legal Community
Jeppesen and Burke, continued from
page 37
Santa Barbara and Ventura attorneys and families enjoyed great food, company and games at SBB’s
first Barristers Joint Summer BBQ, held last year at Shoreline Park
Photo: S. Gunawardane
Santa Barbara Barristers (SBB) has numerous July Motions... First, SBB has
recently added Jacqueline Binger, an associate at Sheppard Mullin Richter &
Hampton, LLP, and Casey Nelson, new staff attorney at Legal Aid Foundation
of Santa Barbara County, to its Board of Directors. Next, SBB recently announced
that its 2009-2010 Santa Barbara County Attorney Directory, featuring
updated court listings, is now available. Contact SBB President Gabriela de Souza
Ferreira at [email protected]. Finally, SBB is hosting their 2nd Annual
Summer Barbeque on Thursday July 23rd at La Mesa Park (295 Meigs Rd).
The event kicks-off at 5:30 p.m. and is only $15 per person. RSVP by July 17th to
Ryan Drake at [email protected]. Visit www.sbbarristers.com for more info.
Another local legal organization that has been busy as of late is the Santa
Barbara Women Lawyers (SBWL). They are currently undertaking a
county-wide attorney salary survey — and need your help! The survey, a
repeat of one done in 1998, will provide the legal community with information about compensation, billing practices and the employment experiences
of attorneys throughout the county. It will also assess gender differences
in the employment of attorneys and their compensation to find out how
far we have come in the past eleven years. The survey, which collects data
about everything from workplace size to educational background, will also
be anonymous. Results will be presented in November 2009 at SBWL’s Fall
Legal Education program. For more information or for a copy of the 1998
survey, contact SBWL President Naomi Dewey at [email protected].
July 2009
39
American Scandinavian Foundation.
In the 1990s, he served four times on
the annual committee that appraises
applicants for Fulbright studies in the
United Kingdom and the Republic of
Ireland.
During the mid-1980s, he set aside
his academic research to serve for
three years as the Academic Dean
of the entire UC Education Abroad
Program.
For over four decades, Stan filled
numerous passports in connection
with academic studies always aimed
at the improvement of the human
condition. Examples of his interests,
in addition to his work on the Ombudsman, included Nordic regionalism, freedom of information, and
alternative ways of institutionalizing
the rule of law.
His accomplishments and activities were legendary and ranged from
teaching at esteemed institutions
such as UCSB and the University of
Aarhus, Denmark, where he taught
periodically for many semesters during his career. It was also a favorite
place for him to research and accomplish his writing on the subject of the
Ombudsman.
In 2002, the Santa Barbara County
Bar Association honored Stanley Anderson with the distinguished Richard
T. Abbe Humanitarian Award. Upon
presenting him with this award,
Brian Burke described him as: “A
thoroughly honest, thoroughly kind,
thoroughly generous and thoroughly
decent human being, a real live Atticus Finch, or, as the Japanese would
say: a living treasure.”
Betty L. Jeppesen and Brian Burke are
grateful former students of Professor
Anderson. Ms. Jeppesen is a former
President of the Santa Barbara County
Bar Association.
As Local as the
Courthouse.
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Golf and Tennis Tournament
Golf – TBD
Tennis – Tennis Club of Santa
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October 21
Appellate Justices’ Reception
Maritime Museum
OFFICE SPACE AVAILABLE
Rarely available office in prestigious La Arcada Building
with five established attorneys. Includes large office and
secretarial space, receptionist, runner, copier, fax machine,
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across from City Hall - Rent based on copier/phone/internet/computer needs.
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[email protected]
Dolores Mecham, Manager
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November 13
Annual Dinner
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July 2009
41
July 2009
Calendar
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
1
5
6
7
8
12
13
14
15
19
20
21
22
26
27
28
28
THURSDAY
Family Law
Section Morning
Coffee
2
FRIDAY
Court Holiday,
Santa Barbara
County
SATURDAY
3
4
U.S.
Independence
Day
9
10
11
16
17
18
23
24
25
30 31
Aug. 1
Santa Barbara
Lawyer July
Submission
Deadline
Santa Barbara
Barristers 2nd
Annual Summer
Barbeque
(see page 39)
SBCBA 2009 SECTION HEADS
Alternative Dispute Resolution
David C. Peterson
441-5884
[email protected]
Bench and Bar Conference 2010
Mack Staton
966-1501
[email protected]
William Clinkenbeard 965-0043
[email protected]
Paul Roberts 963-7403
[email protected]
Bench & Bar Relations
Richard Lee
[email protected]
Civil Litigation
John C. Eck [email protected]
Eric A. Woosley [email protected]
Client Relations
Thomas Hinshaw [email protected]
966-2440
965-5131
897-1830
729-2526
Client Relations, cont.
Lol Sorenson [email protected]
Nicole Champion [email protected]
Debtor/Creditor
David B. Commons Elder Law
Denise Platt [email protected]
Jody Moore [email protected]
Employment Law
Rafael Gonzalez [email protected]
Estate Planning/Probate
Christopher Jones [email protected]
Claude Dorais [email protected]
42
963-4110
Family Law
Jennifer Drury [email protected]
Vanessa Kirker [email protected]
899-1222
In-House Counsel & Corporate Law
Betty L. Jeppesen 963 -8621
[email protected]
649-1389
604-7130
604-7130
966-1501
963-2014
965-2288
879-7523
965-3405
Intellectual Property/Tech. Business
Christine L. Kopitzke 882-1440
[email protected]
Real Property/Land Use
Marcus Bird [email protected]
Bret Stone [email protected]
Taxation
Peter Muzinich [email protected]
Joshua P. Rabinowitz [email protected]
963-6711
898-9700
963-9721
963-0755
SB Lawyer Quarter Page v4.indd 1
5/7/2009 8:52:56 PM
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• 
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• 
• 
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July 2009
43
Prsrt Std
U.S. Postage Paid
Santa Barbara, CA
The Santa Barbara County Bar Association
123 W. Padre Street, #E
Permit #734
Change Service Requested
For Your Real Estate needs, choose
carefully and choose experience!
I’ve been a Lawyer for 17 years and a Real Estate Broker with
my own company for 14 years.
Gary Goldberg
3FBM&TUBUF#SPLFSt-JDFOTFE"UUPSOFZ
“As a real estate company owner beginning my 15th year of serving Santa Barbara, I look
forward to helping you buy or sell real estate property, and as always, personally dedicating
myself to striving for excellence in every transaction. My expertise and detailed knowledge of
properties includes Montecito, Hope Ranch, Carpinteria, Summerland, Goleta, Santa Barbara,
and all the surrounding beach communities.”
6$)BTUJOHT$PMMFHFPG-BXt0SEFSPGUIF$PJG
Over $390,000,000
t3FQFBUIBQQZDMJFOUTHMPXJOHUFTUJNPOJBMT
t*OUFOTJWF.BSLFUJOH1MBOGPSFBDIMJTUJOH
t1SPGFTTJPOBMQIPUPHSBQIZBOEGVMMDPMPS
CSPDIVSFGPSFBDIMJTUJOH
t-JTUJOHTGFBUVSFEPOBUMFBTUEJČFSFOUXFC
TJUFTBEWFSUJTFESFHVMBSMZJOQVCMJDBUJPOT
BOEPO57
t8FFLMZCSPLFSTPQFOIPVTFTBOEQVCMJD
PQFOIPVTFT
t.FNCFS4BOUB#BSCBSB7FOUVSBBOE4BOUB
:OF[3FBM&TUBUF#PBSET
t#FBDIQSPQFSUZTQFDJBMJTUGSPN7FOUVSBUP
(PMFUB
t5PQ/FHPUJBUPSXJOXJOSFTVMUT
t4VQQPSUUFBNPGGPVSGPSTFWFOEBZBXFFL
DPWFSBHF
t&YQFSUXJUOFTTJO3FBM&TUBUFBOE%JWPSDF
.BUUFSTBOE&TUBUF1MBOOJOH
t-JDFOTFE"UUPSOFZ1SPGFTTPS3FBM&TUBUF
-BXT$PVSTFBU4#$$
t:PVDBOSFBDINFCZQIPOFGBYDFMMQIPOF
BOE&NBJMIPVSTBEBZ
Sold Since January 1, 2000
Among the top 10 agents in
Santa Barbara
(per MLS Statistics in Gross Sales Volume)
2008 - over $49 million sold
$PBTU7JMMBHF3PBE4BOUB#BSCBSB$BMJGPSOJBtOffice 805 969-1258tCell 895 455-8910
[email protected]
44

Lawyer - Santa Barbara County Bar Association

Transcription

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