April 2005 - Riverside County Bar Association

Publications CommitteeRobyn BeilinYoginee BraslawJohn BrownCharlotte ButtMike CappelliDonna HechtJames HeitingAurora HughesGary IlmanenEditors ........................................................... Michael BazzoJacqueline Carey-WilsonDesign and Production ....................... PIP Printing RiversideCover Design ........................................ PIP Printing RiversideOfficers of the Bar AssociationPresidentMichelle Ouellette(951) 686-1450michelle.ouellette@bbklaw.comVice PresidentDavid T. Bristow(951) 682-1771dbristow@rhlaw.comSecretaryE. Aurora Hughes(909) 980-1148ahugheslaw@aol.comJohn E. Brown(951) 686-1450john.brown@bbklaw.comJanet A. Nakada(951) 779-1362jan@nakada-silva.comOfficers of the Barristers AssociationPresidentJeremy K. HansonVice PresidentRobyn A. BeilinTelephone951-682-1015Internetwww.riversidecountybar.comDirector-at-LargeRick LantzMark MellorQueenie NgRichard ReedMichael TrenholmAllen TurnerGlenn WilliamsLisa YangPresident ElectTheresa Han Savage(951) 248-0328theresa.savage@jud.ca.govChief Financial OfficerDaniel Hantman(951) 784-4400dh4mjg@earthlink.netPast PresidentMary Ellen Daniels(951) 684-4444med-atty@pacbell.netHarry J. Histen III(951) 682-4121hhisten@harryhisten.comJay E. Orr(951) 956-5516jayorr@aol.comExecutive DirectorCharlotte Butt(951) 682-1015charlotte@riversidecountybar.comTreasurerJohn D. HigginbothamSecretaryCharles P. BoylstonMember-at-LargeChristopher L. PetersonRiverside County Bar Association4129 Main Street, Suite 100Riverside, California 92501Facsimile951-682-0106E-mailrcba@riversidecountybar.comC O N T E N T SColumns:3 ........ President’s Message by Michelle Ouellette5 ......................... Barristers by Robyn A. Beilin6 ................ Current Affairs by Richard Brent Reed29 ...................... Law Library by Gayle WebbCOVER STORIES:12 .............. Riverside County Mock TrialCompetition 2005by John Wahlin20 .................. Mock Trial–Inns of Courtby Robyn A. Beilin27 ............................ The Kids Are OKby Rick LantzFeatures:8 ........................................ He Was No Butch Cassidyby Vicki Broach9 .............................. Opposing Counsel: John Wahlinby Queenie K. Ng10 .......................... In Memoriam: R. Michael Hardingby Michael H. Clepper11 ... Tax Tips for Attorneys: Supreme Court Rules onTaxation of Attorney Feesby Dennis M. Sandoval14 .................................................. April Fool's Section28 ..................................................................... Law Day31 ............................................. 15th Annual Red MassDepartments:Calendar . . . . . . . . . . . . . . 2Classified Ads . . . . . . . . . 32 Membership . . . . . . . . . . 32Riverside Lawyer, March 2005 1

MISSION STATEMENTCALENDAREstablished in 1894The Riverside County Bar Association, established in 1894 to foster socialinteraction between the bench and bar, is a professional organization that providescontinuing education and offers an arena to resolve various problems thatface the justice system and attorneys practicing in Riverside County.RCBA Mission StatementThe mission of the Riverside County Bar Association is to:Serve its members, and indirectly their clients, by implementing programsthat will enhance the professional capabilities and satisfaction of each of itsmembers.Serve its community by implementing programs that will provide opportunitiesfor its members to contribute their unique talents to enhance the qualityof life in the community.Serve the legal system by implementing programs that will improve accessto legal services and the judicial system, and will promote the fair and efficientadministration of justice.Membership BenefitsInvolvement in a variety of legal entities: Lawyer Referral Service (LRS), PublicService Law Corporation (PSLC), Tel-Law, Fee Arbitration, Client Relations,Dispute Resolution Service (DRS), Barristers, Leo A. Deegan Inn of Court, InlandEmpire Chapter of the Federal Bar Association, Mock Trial, State Bar Conferenceof Delegates, and Bridging the Gap.Membership meetings monthly (except July and August) with keynote speakers,and participation in the many committees and sections.Eleven issues of Riverside Lawyer published each year to update you on StateBar matters, ABA issues, local court rules, open forum for communication andtimely business matters.Social gatherings throughout the year: Installation of RCBA and BarristersOfficers dinner, Annual Joint Barristers and Riverside Legal Secretaries dinner,Law Day activities, Good Citizenship Award ceremony for Riverside County highschools, and other special activities.Continuing Legal Education brown bag lunches and section workshops.RCBA is a certified provider for MCLE programs.MBNA Platinum Plus MasterCard, and optional insurance programs.Discounted personal disability income and business overhead protection forthe attorney and long-term care coverage for the attorney and his or her family.APRIL5 RCBA/SBCBA Landlord/Tenant LawSectionNena’s Restaurant, San Bdno6:00 p.m.-8:30 p.m.MCLE6 Bar Publications CommitteeRCBA – Noon7 CLE Brown Bag“Computer Evidence for the Litigators– When is it Really Deleted?”Speaker: Richard L. Albee, DataChasers,Inc.RCBA Bldg, 3rd Floor – NoonMCLE12 PSLC BoardRCBA – Noon13 BarristersCask ’n Cleaver – 6:00 p.m.1333 University Ave., RiversideMCLE14 CLE Brown Bag“False Advertising: You and Your ClientAre Probably Doing It”Speaker: Michael Geller, Esq.RCBA Bldg, 3rd Floor – NoonMCLE15 Judge Pro Tem TrainingSW Justice Center – NoonMCLE18 LRS CommitteeRCBA – NoonRCBA BoardRCBA – 5:00 pm19 Family Law SectionRCBA Bldg, 3rd Floor – NoonMCLE20 EPPTL SectionRCBA Bldg, 3rd Floor – NoonMCLERCBA DRS Training“The Many Faces of Mediation”Speakers: Judge Charles Field (Ret.) andJudge Victor Miceli (Ret.)RCBA Bldg, 3rd Floor6:00 pm – 8:30 pmMCLERiverside Lawyer is published 11 times per year by the Riverside CountyBar Association (RCBA) and is distributed to RCBA members, RiversideCounty judges and administrative officers of the court, community leadersand others interested in the advancement of law and justice. Advertising andannouncements are due by the 6 th day of the month preceding publications(e.g., October 6 for the November issue). Articles are due no later than 45days preceding publication. All articles are subject to editing. RCBA membersreceive a subscription automatically. Annual subscriptions are $25.00 andsingle copies are $3.50.Submission of articles and photographs to Riverside Lawyer will be deemedto be authorization and license by the author to publish the material inRiverside Lawyer.The material printed in Riverside Lawyer does not necessarily reflect theopinions of the RCBA, the editorial staff, the Publication Committee, or othercolumnists. Legal issues are not discussed for the purpose of answering specificquestions. Independent research of all issues is strongly encouraged. (continued on page 27)2 Riverside Lawyer, March 2005

y Michelle OuelletteThis edition of the Riverside Lawyer,although coming out around April Fool’s Day, is devotedto the Riverside County Mock Trial Competitionparticipants and volunteers. Congratulations tothe first-place winners, Riverside Polytechnic HighSchool, as well as to all of the other teams. Theamount of time, energy and dedication from all ofthe participants was outstanding. I had the honorof attending the final round on March 5th, and Iwas greatly impressed by the caliber of the students.They were extremely bright, well prepared and wellspoken.I remember when I participated in Moot Courtin law school – standing in front of just a handfulof people remains one of the most frighteningmoments of my life. I was terrified, awkward andmarginally articulate. Needless to say, my MootCourt experiences came to a quick and merciful endearly in the process. In contrast, if any of the MockTrial participants felt any stage fright, you certainlywould not have known it. As I told them, in sevenor eight years, when they are out of law school andlooking for jobs, I hope they call me. What I did nottell them is that I want them to be working with me,not arguing against me!After a long and soggy winter, spring is finally inthe air. Wildflowers are blooming early and in greatprofusion, even in the desert. It is time to do somespring cleaning of our houses and lives. Springcleaning is a custom left over from pre-electricitytimes, when surfaces were covered with soot fromcandles, fireplaces, kerosene, and lamp oils used forheat and light during the winter. By spring, everyinch of the home had to be cleaned to rid it of thelayer of soot. Given that we now use relatively cleanmethods of heating and lighting, it seems the practice of springcleaning has persisted long after such a cleaning overhaul wasneeded.We should all consider making spring cleaning resolutions.Hopefully less onerous and fraught with symbolism than NewYear’s resolutions, spring cleaning resolutions focus on eliminatingthe clutter in our lives – throwing off our winter coats andstarting anew. As lawyers, we tend to be creatures of habit andto repeat those things that have worked in the past. Perhapsthis is a good time to reassess how we approach our careersand our lives to see if we can do things better. Do we have thesame poor relationships with our colleagues? Do we neglect ourfamily and friends to work? Is it time to refocus on what trulymatters in our lives, not just the expectations of our clients andpartners? Spring cleaning can help us consider these questionsand clear both our minds and our workplaces of unnecessaryclutter, helping us to live more efficient lives and enjoy moreeffective careers.As part of my spring cleaning, I will try to eliminate some ofthe clutter in my office and at home. (I can hear my BB&K associateslaughing at this statement.) For a world-class packrat,this will be hard, but do I really need articles on environmentallaw from 2001? Am I really ever going to get around to readingthem, and if so, won’t they be hopelessly outdated? I am alsogoing to procrastinate less. Rather than have that dreaded projecthanging over my head for weeks, I will just sit down and doit. It never takes as long as you think it will.Speaking of resolutions, thank you to all of you who haveincessantly reminded me about my pledge in a prior President’smessage to go to the gym, stop eating so much and generallytake better care of myself. I am pleased to report that I am stillgoing to the gym constantly, where I often see Gerry Shoaf.Trying to get into shape at 46 can be demoralizing and painful,and some days I am just happy that I can still walk. John Brownhas suggested that we have monthly pictures of my progress,similar to a Glamour magazine layout, but somehow I don’tthink my dignity can handle this concept.In closing, the RCBA, the San Bernardino County BarAssociation and the Riverside Legal Professionals Associationwould like to cordially invite you to a special general membershipmeeting on April 29, 2005. The Honorable Ronald M.George, Chief Justice of the Supreme Court of California, will bespeaking on “Current Issues Facing the Judicial Bench.” This isa very special occasion, and I urge you all to attend.Michelle Ouellette, President of the Riverside County Bar Association,is a Partner and currently chair of the Natural Resources PracticeGroup of Best Best & Krieger LLP. Ms. Ouellette represents municipal,district and private clients in environmental issues arising underthe California Environmental Quality Act (“CEQA”), the NationalEnvironmental Policy Act (“NEPA”), the state and federal EndangeredSpecies Acts, and wetlands regulations.Riverside Lawyer, March 2005 3

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y Robyn A. BeilinBarristers has been so fortunate to have fantastic speakersthis year, and this past month was no exception. OnMarch 9, 2005, Terry Bridges of Reid & Hellyer joined usto lead a discussion on “Expert Witness Depositions.” Asalways, Terry was exceptional, and we all appreciate hisinsightful comments and suggestions on what can typicallybe an intimidating area of practice. Special thanks to Terryagain for taking time out of his busy schedule to join us forour March meeting!Barristers is pleased to announce that the HonorableRoger Luebs and the Honorable Tom Cahraman will bejoining us for our April 13, 2005, meeting. Judge Luebsand Judge Cahraman will give their perspectives as judicialofficers on “Courtroom Etiquette and Procedure.”We are looking forward to welcoming them both to ourApril meeting.The Barristers Board would again urge all RCBAmembers, particularly newer admittees, to join us forour monthly meetings. Barristers provides a uniqueopportunity for attorneys to network and to get to knowother attorneys in the area. Our meetings are held atthe Cask ’n Cleaver on University Avenue in downtownRiverside on the second Wednesday of each month at6:00 p.m.As always, please feel free to contact me at (951)686-8848 should you have any questions or need additionalinformation. We look forward to seeing you!Robyn Beilin, Vice President of Barristers and a member ofthe Bar Publications Committee, is with the Law Offices ofHarlan B. Kistler.Riverside Lawyer, March 2005 5

CURRENT AFFAIRSby Richard Brent Reed, Esq.DON’T ASK, DON’T SMELLSan Luis Obispo County has outlawed stench. If you have bodyodor, you won’t be allowed to patronize the public libraries. If youstink, you can’t stay. Musty people cannot browse musty books.The law, on its face, is subject to constitutional challenge as a dejure limitation of First Amendment rights. Body odor is speechand the target groups form a definable class. This law discriminatesagainst the most disenfranchised tiers of our society: thepoor, the homeless, and the French.Ten years ago, Beverly Hills merchants along Rodeo Drivebegan posting signs: “No smoking and no Giorgio.” When SanLuis Obispoans caught wind of this, they were, no doubt, encouragedto engage in their own brand of olfactory intolerance. Theordinance, however, does not pass the constitutional smell test.Eventually, body odor will be recognized as protected speech– especially for those who use no protection.I’M READY FOR MY RULING, MR. DEMILLEIn 1956, Cecil B. DeMille produced his Biblical epic: The TenCommandments. To promote his film, DeMille donated a stonemonument, engraved with the Decalogue, to the Lone Star Stateand planted it next to the capitol in Austin. A homeless man, whois also an attorney, sued to have the monolith removed, decidingthat it offended his non-religious sensibilities.Constitutional law professor Erwin Chemerinsky stepped in totake the case to the U.S. Supreme Court, claiming that Texas hasviolated the First Amendment’s establishment clause by endorsinga religion. Justice Scalia argued that the monument merely standsfor God’s direction of human affairs and is no more an endorsementthat Congress’ 200-year-old Thanksgiving Proclamation.Chemerinsky rejoined: “… I think the ThanksgivingProclamations would be constitutional. I think it’s analogous tothe legislative prayer that this Court upheld in Chambers v. March.I think it’s very different than this Ten Commandments monument.”What eludes Prof. Chemerinsky is that the ThanksgivingProclamations were acts of Congress. The First Amendment states:“Congress shall make no law respecting an establishment of religion…”The monument is an act of DeMille sitting on Texas stateproperty. It does not require observance, is not statutory, and hasnothing to do with Congress.But the most problematic portion of Chemerinsky’s statementwas that the monument “is very different than this TenCommandments.” Something can be different from, but cannotbe different than. Such grammar is offensive toany strict constructionist.LIGHTS, CAMERA, JACKSONCoverage of the Michael Jackson case hasintroduced a new concept to legal journalism: thecourtroom simulation. Because the judge in thatcase has disallowed cameras in the courtroomduring proceedings, one television news outlet,not to be denied visuals, has hired actors to reenactthe trial, day by day. Not the real thing, butan incredible simulation. Not an artist’s sketch;more like a comedy sketch. David E. Kelley, moveover.BELIEVE IT OR NOTAttorney services, in the historic RiversideCounty Courthouse, will no longer be performedin the department labeled “ATTORNEYSERVICES.” Attorney services is now locatedin “PROBATE.” Non-attorneys will no longerbe served in PROBATE. Pro per probate papersare no longer proper in PROBATE. Probate propers must file across the hall in – you guessed it–CIVIL.Richard Reed, a member of the Bar PublicationsCommittee, is a sole practitioner in Riverside.6 Riverside Lawyer, March 2005

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HE WAS NO BUTCH CASSIDYby Vicki BroachIn the movie, “Out of Sight,” George Clooney playsa handsome and engaging bank robber who woos and winsthe heart of Jennifer Lopez, the U.S. Marshall who has beenpursuing him. In his memoir, The Man Who Outgrew HisPrison Cell, Confessions of a Bank Robber (HarperCollins,$24.95), Joe Loya, once dubbed the “Beirut Bandit” for hiscrime spree throughout southern California, introducesthe reader to a real bank robber. And even though he looksappealing in the dust jacket photograph, Loya is candidabout how, in early adulthood, he wasn’t a nice guy at all.Loya was dishonest, manipulative, and often violent. Heseemed on the road to lifetime criminality until he wasplaced in solitary confinement. There he experienced aBlakeian vision of lost innocence that finally set him on adifferent path toward personal redemption.Loya’s childhood began in the 1960s in the housingprojects of East Los Angeles where he was the first child ofteenage parents. His mother died of kidney disease whenhe was nine years old. His father, who studied Greek,Latin, and philosophy at UCLA, and ministered to variousHispanic evangelical congregations, became increasinglyabusive toward Loya, his younger brother, and his whitestepmother. Growing up, Loya struggles with the dissonancebetween the religious training and intellectualismhis father instills in him and the terrible reality of his homelife. Finally, in one episode, after his father nearly drownshis brother and then beats Loya severely, fracturing hisrib and elbow and causing a concussion, the sixteen-yearoldLoya grabs a steak knife and stabs his father viciously.Loya’s subsequent encounter with unsympathetic policecauses him to realize “my dad wasn’t my only enemy. Itwas authority – men with church collars, men with badgesand guns, men in coaches’ uniforms…All these men werecomplicit in my father’s beating of me.”In spite of his troubles at home, Loya continued to bea good student and to participate in church. He workedhard. He enrolled in college. But he adopted the preppystyle of the early 1980s, voted for Reagan, and tried to allyhimself with the conservative elite. He joined Amway andsimilar marketing companies. From friends and family,he borrowed money he never repaid. He finally crossedover into overtly criminal behavior when he stole a boss’scar and then attempted a carjacking. In Santa Barbara, heworked various frauds and accomplished the major rip-offof an exclusive men’s clothing store where he masqueradedas the only honest employee.When the police were about to nab Loya in SantaBarbara, he fled to San Diego in a stolen car, screwed uphis nerve to rob his first bank, and crossed the border totake refuge in Mexico. He was apprehended for a differentoffense and served time in state prison from which heemerged determined to flourish at more crime, includingone bank job in downtown Riverside. The FBI finallycornered him on the campus of UCLA in a comical scenewhere surprised students helped subdue and arrest him.Up to this point, the book intersperses the narrativeof Loya’s past life with vignettes about prison. “Heavy D,”an enormously obese fellow prisoner, too big for a prisoncell, is introduced as a frightening symbol of Loya’s life.After the UCLA capture, the story continues unbroken withLoya’s account of his federal prison years, which are nasty,brutal, and not short. Anyone who subscribes to the mythof the country-club prison should read this part to understandjust how dehumanizing and terrible incarcerationcan be. One almost feels sorry for Charles Keating, withwhom Loya was briefly imprisoned.What finally happens for Loya is a kind of “born-again”experience, not as the phrase is typically used by religiousfundamentalists, but he does experience a vision of thechild he once was and what he potentially still couldbecome. He realizes he must change or die, both literallyand metaphorically. He begins to write and he findsa mentor and pen pal in the essayist, Richard Rodriguez.After seven agonizing years, Loya is finally freed (and free)to attempt a better life. That effort will be the subject ofhis next memoir.The book has many strengths. The writing is vigorousand authentic. Its greatest virtue is Loya’s unflinchingwillingness to describe his regrettable history and to confesshonestly his struggle to change. As a reader, I neverfelt conned. As a fellow human being, I rejoiced in theresiliency of the human soul and its capacity for rejuvenation.Vicki Broach is a Riverside attorney and the chair of Volunteersin Parole. Joe Loya will read at UCR at 2 p.m., Thursday April21, and will speak at the annual VIP awards lunch at the MissionInn on Friday, April 22.8 Riverside Lawyer, March 2005

OPPOSING COUNSEL: JOHN WAHLINby Queenie K. NgAs the theme of thismonth’s Riverside Lawyer is MockTrial, I thought it was only appropriateto feature someone who hasa long-time involvement in theprogram and the community. JohnJohn WahlinWahlin moved to Riverside at theage of 11, when his father took a ministry in a local church.He left Riverside briefly to attend Augustana College inIllinois and University of Wisconsin Law School, graduatingin 1971. He returned to Riverside in 1971 and joined BestBest & Krieger LLP, a law firm which had only 18 attorneysin two offices at the time, though it has since grown to over160 attorneys in seven offices throughout California. Johnbecame a partner of BB&K in 1978.Currently, John serves as BB&K’s managing partnerand chairs the firm’s five-member Executive Committee,responsible for setting and implementing firm policies andstrategic direction. Under John’s leadership, BB&K hasopened new offices in Irvine, Sacramento, and Walnut Creekin 2000, 2001, and 2004, respectively. The firm has alsobeen featured as one of California’s top 50 law firms by boththe California Lawyer and the Los Angeles Daily Journal.As a member of BB&K’s Employee Benefits PracticeGroup, John takes a lot of pride in his practice specialization.He represents employers on matters such as qualifiedretirement plans, non-qualified plans of deferred compensationand welfare benefit plans. He also has extensive experiencein business and tax planning, including distributionand asset protection planning for pension and personalassets.In spite of his busy schedule, John still finds time togive back to the community. For instance, he was a soccercoach for the American Youth Soccer Association for eightyears. John has taught courses on deferred compensationand employee benefits for the University of California atRiverside Extension. He is also a frequent speaker at seminarsfor employers’ groups and the Riverside County BarAssociation. John began his involvement in Mock Trial as acoach when his two children were involved in the programduring high school. After coaching Mock Trial for sevenyears, John became a member of the Steering Committeein 1997. He has served as the Committee’s Chair for theMichael J. Eldermanpast six years, working closely with the Bar Associationand the County Department of Education to ensure thesuccess of the program.“I can’t imagine doing anything else,” remarkedJohn on his career. After practicing law for over thirtyyears, John is still in love with the profession and isdedicated to serving his community more than ever.John lives in the Riverside area and enjoys spending hisfree time with his family.Queenie K. Ng, a member of the Bar Publications Committee,is with the law firm of Best Best & Krieger, LLP.Riverside Lawyer, March 2005 9

IN MEMORIAM: R. MICHAEL HARDINGby Michael H. ClepperMike Harding passedaway on February 12, 2005. Hedied way too young, but he died theway any of us would want to go – onthe 14th hole at the Victoria Club,after a good score on the first nine. R. Michael HardingThere were two physicians in hisfoursome, so he received immediate medical attention,but nothing could have saved him. He had turned 66 onDecember 23, 2004.Michael was raised on the East Coast, and after highschool he was drafted into the United States Army. Hegradually worked his way up to the grade of sergeant, buthe did not have it so bad – most of his term of duty wasserved in the south of France. I assume that it was duringthis time he developed the “love of the grape.” Whilein the service, one of his buddies told him that he couldget a cheap education in California, so he came out west.He worked during the day and went to school at night.He eventually graduated from Pepperdine Law School in1973. He came to Riverside and rented offices from thelate Harmon Brown. At first he had a general practice anddid civil law, criminal law, and even family law. For a whilehe was in a partnership with Thomas Miller. Eventuallyhe devoted 100% of his practice to family law.It was not long before he became a leader in his field.He was more than willing to settle a case, but if you forcedhim, he could become a bear. Naturally, I never intentionallydid it, but once in while I would push his button andwatch him go “ballistic.” Within a couple of minutes hewould be back to his old self.Michael received many honors in his specialty. Hewas a Certified Family Law Specialist, a fellow of theAmerican Academy of Matrimonial Lawyers and listed inthe publication, “The Best Lawyers in America.”He was active in his community and had been amember of the Lions Club and the Lincoln Club. He wasa long-time member and former President of the VictoriaClub. At the time of his death, he was serving as co-chairmanof the RCBA’s Family Law Section.Mike loved to play golf, travel and enjoy the good life.He had a good sense of humor and could take as well as hegave. He leaves his daughter, Elizabeth, and his long-timecompanion, Donna Rose Daino.Mike and I both turned gray at a young age becausewe had to appear in court against Sandra Leer.I will personally miss him very much. He was a strongadvocate in court, a good drinking companion, and easyto beat on the golf course.Michael H. Clepper, President of the Riverside County BarAssociation in 1983, is chairman of the Family Law Section.10 Riverside Lawyer, March 2005

RIVERSIDE COUNTY MOCK TRIAL COMPETITION 2005by John WahlinRiverside Poly High School made Mock Trialhistory as it captured its fourth consecutive RiversideCounty Championship in this year’s competition. Poly’stitle was the culmination of seven victories over teamsrepresenting high schools throughout the county. Polywent on to represent the county in the State Competition,which was held in Riverside under the direction of theConstitutional Rights Foundation.Michael J. EldermanFollowing thefourth round of competition,individualperformance awardswere presented to studentsrepresenting severalof the competingteams. The outstandingprosecution attorney,Emily Webb (Poly HighSchool, Riverside),is the winner of theGary WindomDistrict Attorney’s summerinternship. Cary Crall (Chaparral High School,Temecula), the outstanding defense attorney, is the winnerof the Public Defender’s internship. Congratulationsto all the individual award recipients.Michael J. EldermanJustice Tom HollenhorstMichael J. EldermanTwenty-two high schools from all parts of RiversideCounty, including Palo Verde High School from Blythe,competed in this year’s competition. All of the schoolscompeted in the first four rounds, held in the Hall ofJustice in Riverside, the Southwest Justice Center inMurrieta and the Indio Courthouse.Dr. Jock FisherMichael J. EldermanJudges Sharon Waters and Gloria TraskEight of the twenty-two teams then went on to a singleelimination tournament under the format established in2004. The first round pairings included Poly v. MurrietaValley, Temecula Valley v. Palm Springs, John W. North v.Woodcrest Christian and Hemet v. Santiago.The semi-final round with the final four teams washeld on the morning of Saturday, March 5, in the HistoricCourthouse. Federal District Judge Virginia Phillips presidedover the round, which matched Temecula Valley’sprosecution against Poly’s defense. Superior CourtJudge Michelle Levine presided over the round involv-12 Riverside Lawyer, March 2005

Michael J. EldermanMichael J. EldermanSteve Harmon and Rod Pachecoing Woodcrest Christian and Santiago. In highly competitiverounds, Poly and Santiago emerged as the finalists, to competein the championship round on Saturday afternoon.Santiago High School from Corona reached the final roundfor the first time in the school’s history and its defense teamproved to be a worthy adversary for the returning county champion.Justice Thomas Hollenhorst once again presided over thechampionship round, with Superior Court Judges Gloria Traskand Sharon Waters, Public Defender Gary Windom, AssistantDistrict Attorney Rod Pacheco, and private defense attorneySteve Harmon serving as the panel of scoring judges.Michael J. EldermanMichael J. EldermanEmily Webb, Poly High School (Riverside), winner ofthe District Attorney's internship.Attorney coach Carlos Monagas, Michelle Ouellette and teacher coachesMatt Schiller and Nick Prelesnik.The case, People v. Kendall, involved vehicular manslaughterarising from illegal street racing. It included a pretrial motionthat presented First Amendment issues of freedom of symbolicspeech and right of association; Santiago, in its role as defensecounsel, challenged the constitutionality of a local ordinancerelating to street racing. Justice Hollenhorst denied the motionand the trial proceeded on counts of vehicular manslaughter,(continued on page 25)Cary Crall, Chaparral High School (Temecula), winnerof the Public Defender's internship.Riverside Lawyer, March 2005 13

APRIL FOOL'S SECTIONSPEEDING TICKETJohn bought a brand new 2005 convertible JaguarXKR . He took off down the road, pushed it up to 100m.p.h., and was enjoying the wind blowing through his(thinning) hair.“This is great!,” he thought, and he accelerated to aneven higher speed. Then he looked in his rear-view mirrorand there was a police car. “Problem,” thought John, andhe floored it some more and flew down the road at over120 m.p.h. to escape being stopped. He then thought,“What am I doing? I’m too old for this kind of thing,” andpulled over to the side of the road and waited for the policeofficer to catch up with him.The police officer pulled in behind the Jaguar andwalked up on the driver’s side. He said, “Sir, my shift endsin five minutes and today is April Fool’s Day. If you cangive me a good reason why you were speeding, one thatI’ve never heard before, I’ll let you go.”John looked back at the policeman and said, “Lastweek my wife ran off with a policeman and I thoughtyou were bringing her back.” The policeman responded,“Have a nice day.”Kinky, Rowdier & SwigsRepresenting Major InsurersWhy lose investment interest by paying toosoon? Ask about our “justice delayed” program,featuring: discovery, discovery, and more discovery;multiple summary judgment motions (motions forreconsideration included at no extra charge); $1.00section 998 offers; and day-of-trial settlements.Bad faith defense also a specialty.PEOPLE v. CLAUSCLERK: All rise. Court of Appeal, Fourth AppellateDistrict, North Pole Division, is now in session.PRESIDING JUSTICE: Good morning, please beseated. We’ll hear the case of People v. Claus.ATTORNEY: Good morning, your Honors. Jack Frostfor the appellant. We have been advised the People submiton the tentative and will not appear for argument.PRESIDING JUSTICE: Very well, you may proceed.ATTORNEY: As the court knows, my client wasconvicted of 3.5 billion counts of illegally entering a residence.We do not challenge the conviction, but we submitthat the sentence of the upper term on every count isexcessive. The record shows there were substantial mitigatingfactors that were not taken into account by JudgeScrooge. In fact, when we tried to raise these factors,Judge Scrooge replied, “Bah! Humbug!”JUSTICE NO. 2: We’re familiar with the record, counsel.Please proceed to your first point.ATTORNEY: Yes, your Honor. First, I would pointout that my client committed these crimes in such a waythat none of the victims was endangered. In fact, therecord shows that in each case in which my client illegallyentered a house, all through that house, not a creaturewas stirring.JUSTICE NO. 3: Not even a mouse?ATTORNEY: No, your Honor.JUSTICE NO. 2: But counsel, wasn’t there at least onecase in which a boy saw his mommy kissing your clientunderneath the mistletoe that night?ATTORNEY: Your Honor, that was a case of mistakenidentity. The man was the boy’s father, impersonating myclient.JUSTICE NO. 3: And what about the allegation thathe had the victims under constant surveillance in theweeks before he entered their houses, even boasting thathe could see them when they were sleeping, and wouldknow when they were awake?ATTORNEY: Your Honor, that was to find out if they’dbeen bad or good, and to encourage them to be good, forgoodness’ sake.JUSTICE NO. 2: Didn’t your client show great sophistication,planning his crimes in advance? The probationreport indicates that when he selected his victims, he notonly made a list, but he checked it twice.14 Riverside Lawyer, March 2005

ATTORNEY: That was for record-keeping purposes, tofind out who was naughty and nice. And I would point outthat my client made no secret of his intent to enter thevictims’ houses. Well before he committed these crimes,he announced to the victims that he was comin’ to town,and advised them not to cry or pout.PRESIDING JUSTICE: The record also indicates thatin the weeks leading up to the crimes, your client wasseen in numerous public places trying to induce smallchildren to sit on his lap.ATTORNEY: All of those encounters were voluntaryand consented to by the parents.JUSTICE NO. 3: What about the evidence that heemployed physically challenged individuals in a frigidenvironment 364 days a year and paid them nothing?ATTORNEY: All of the work was done on a volunteerbasis. And the workers were not physically challenged,they were merely of diminutive stature.JUSTICE NO. 2: Didn’t your client also routinelyabuse his pack animals, making them pull overloadedvehicles, so much so that one animal’s nose became completelyred from the exertion, so that you would even sayit glows?ATTORNEY: Your Honor, I would point out that whenthat occurred, the other animals shouted out with glee,and told the animal in question that he would go downin history.CLERK: Time is up, counsel.PRESIDING JUSTICE: All right, the matter will standsubmitted. Thank you for your argument, counsel, andsled safely.ATTORNEY: But your Honor, I have lots more argumentto present.PRESIDING JUSTICE: I understand that, counsel,but your time is up. Please sit down now.ATTORNEY: This is outrageous! My client is beingrailroaded. What is this, the Polar Express?PRESIDING JUSTICE: Mr. Frost, you’re flirting withcontempt of court. Now sit down, or this courtroom isgoing to get de-Frosted in a hurry, if you know what Imean.ATTORNEY: Yeah, well, Jack Frost just might comenippin’ at your nose, too, lady.PRESIDING JUSTICE: That’s enough. Bailiff!(CLERK escorts ATTORNEY from courtroom)PRESIDING JUSTICE: Well! Next matter on calendaris the class action entitled Citizens of Whoville v. Grinch.Anyone here on that matter? Anyone here a Who?CLERK: The parties just notified the clerk’s officethey will not be appearing, your Honor. Apparently theywere not willing to comply with the court’s dress andgrooming code.PRESIDING JUSTICE: All right, the matter will standsubmitted. Court is adjourned.JUDICIAL CANDIDATE INTERVIEWSIn anticipation of the upcoming Superior Court elections,the Riverside Lawyer presents these interviews ofthe candidates for Judicial Office No. 7. The challengeris Riverside attorney Amicus Fitch, and the incumbentis the Honorable Alfred Jarndyce. Both interviews wereconducted by RL staff member Barbra Waltzer.RL: Why are you running to become a judge?FITCH: Because the incumbent is soft on crime.RL: But Judge Jarndyce is known as the hardest sentenceron the court. Where did you get the informationthat he was soft on crime?FITCH: From my political consultant.RL: Your political consultant thinks Judge Jarndyceis soft on crime?FITCH: I don’t know, but he said I should say that.RL: How much campaign money have you accumulatedso far?FITCH: I’d rather not say.RL: Why not?LAW OFFICES ofHARLAN B. KISSERPersonal Injury AttorneysOur contingent fee guarantee:(continued on next page)If we lose your case,we will refund double your attorney fees!(Wrestling lessons also available upon request.)Riverside Lawyer, March 2005 15

Judicial Candidate Interviews (continued)FITCH: Because I don’t really know.RL: Why don’t you know?FITCH: Because I’ve been taking it out of my clienttrust account.RL: Don’t you think that’s improper?FITCH: Not at all. My clients love me, and they wouldgladly support my campaign.RL: How many Superior Court cases have you tried?FITCH: Ma’am, I try my utmost on all of my cases.RL: Do you think you could handle the workload of aSuperior Court judge?FITCH: Of course I could. Last year I had more than1,000 cases pending.RL: That does sound like a large workload.FITCH: And that’s not even counting the other 500that were dismissed for lack of prosecution.RL: What does the State Bar think about that?FITCH: I haven’t told them yet.RL: Don’t you think they should know?FITCH: I didn’t say I was never going to tell the StateBar, I just said I haven’t told them yet. I don’t want themto be prejudiced against me in my disciplinary hearingnext week.RL: If you’ve done these kinds of things in privatepractice, why should people elect you to be a judge?FITCH: Easy. Judges can’t practice law anymore.RL: Thank you, Mr. Fitch, for your time.*****RL: Judge Jarndyce, some criminal defense attorneyshave said you are too harsh in your sentences. Do youagree?JARNDYCE: Absolutely not. There are many, manycases in which I have given an extremely lenient sentence.RL: Can you think of any offhand?JARNDYCE: Sure. There was a three-strikes case justlast week where I gave only 117 years. I could easily havegiven a life sentence instead.RL: Wasn’t that the case where the 60-year-old defendantwith two prior burglaries 41 years ago was convictedof shoplifting a bottle of pills from a pharmacy?JARNDYCE: Exactly my point. I decided to go easyon the defendant due to his advanced age, despite the factthat the third strike involved dangerous drugs.RL: I thought the pills were a bottle of aspirin.JARNDYCE: Miss, have you ever seen what a bottleof aspirin can do to a sixth-month-old baby who swallowsthem? It’s not a very pretty sight. And I don’t believe thedefendant’s claim that he had a headache.RL: What do you think should be done about corruptionin the courts?JARNDYCE: Nothing. It seems to be working fine.RL: But don’t you think it’s improper for judges tohear cases in which one of the attorneys has given thempersonal gifts or contributions?JARNDYCE: Depends on the size of the gift or contribution.RL: What do you mean?JARNDYCE: Well, if some attorney appearing beforeme gave me a measly $100 contribution or a crummy boxof candy, I’d actually be biased against the cheapskate.RL: Suppose it’s a sizeable gift or contribution.JARNDYCE: I don’t see that as a problem. But if somedo-gooders think it is, the solution is simple. Judges aretempted to accept gifts because of their penny-ante salaries.They want to live well, like everyone else. So thecounty should just give each judge an unlimited expenseaccount for personal items like vacation travel, dining,and extramarital community outreach programs. Then,of course, there could be no claim of favoritism. I haveadvocated this simple solution for years, but the pennypinchingBoard of Supervisors has yet to adopt it.RL: Some of the female attorneys appearing beforeyou have complained that you demean women. How doyou respond?JARNDYCE: Look, sweetie, that’s a bunch of rubbish.I admire and respect professional women. You, forexample. I don’t mind telling you how much I admiredyou when you walked into my chambers wearing thatclose-fitting business suit with the plunging neckline. Bythe way, do you have any plans for tonight?RL: I’m married.JARNDYCE: No problem. I am, too.RL: Frankly, I think your remarks are offensive andinsulting.JARNDYCE: Watch it, honey. You’re flirting withcontempt of court.RL: This isn’t a court proceeding. How could youpossibly hold someone in contempt when you don’t evenhave jurisdiction?JARNDYCE: What was that last word again?RL: Thank you, your Honor, for your time.COURTS CLOSED APRIL 1Because April 1 falls on a Friday thisyear, courts in Riverside will be closedfor the three-day weekend.16 Riverside Lawyer, March 2005

DISORDER IN THE COURTThese are from a book called Disorder in the AmericanCourts, and are things people actually said in court, wordfor word, taken down and now published by court reporterswho had to suffer the torment of remaining calm andkeeping a straight face while these exchanges were actuallytaking place.Q: What gear were you in at the moment of theimpact?A: Gucci sweats and Reeboks.Q: This myasthenia gravis, does it affect your memoryat all?A: Yes.Q: And in what ways does it affect your memory?A: I forget.Q: You forget? Can you give us an example of somethingthat you’ve forgotten?Q: How old is your son, the one living with you?A: Thirty-eight or thirty-five, I can’t rememberwhich.Q: How long has he lived with you?A: Forty-five years.Q: What was the first thing your husband said to youwhen he woke up that morning?A: He said, “Where am I, Doris?”Q: And why did that upset you?A: My name is Susan.Q: Do you know if your daughter has ever beeninvolved in voodoo or the occult?A: We both do.Q: Voodoo?A: We do.Q: You do?A: Yes, voodoo.Q: Now doctor, isn’t it true that when a person dies inhis sleep, he doesn’t know about it until the next morning?A: Did you actually pass the bar exam?Q: How was your first marriage terminated?A: By death.Q: And by whose death was it terminated?Q: Can you describe the individual?A: He was about medium height and had a beard.Q: Was this a male or a female?Q: Is your appearance here this morning pursuant toa deposition notice which I sent to your attorney?A: No, this is how I dress when I go to work.BEST BEST & GREEDIERAttorneys at LawRepresenting the government, largecorporations, and individuals with atleast $500,000 in small change forattorney fees.Our mission: “Justice For All.”Q: Doctor, how many autopsies have you performedon dead people?A: All my autopsies are performed on dead people.Q: ALL your responses MUST be oral, OK? Whatschool did you go to?A: Oral.Q: Do you recall the time that you examined thebody?A: The autopsy started around 8:30 p.m.Q: And Mr. Dennington was dead at the time?A: No, he was sitting on the table wondering why Iwas doing an autopsy.Q: Doctor, before you performed the autopsy, did youcheck for a pulse?A: No.Q: Did you check for blood pressure?A: No.Q: Did you check for breathing?A: No.Q: So, then it is possible that the patient was alivewhen you began the autopsy?A: No.Q: How can you be so sure, Doctor?A: Because his brain was sitting on my desk in a jar.Q: But could the patient have still been alive, nevertheless?A: Yes, it is possible that he could have been alive andpracticing law.(continued on next page)Riverside Lawyer, March 2005 17

(continued)ATTORNEY JOKESThe following are attorney jokes taken from the websiteof Snifter, Flute & Stein, Barristers (www.apc.net):The beloved mohel is getting older, and his hands arenot as steady as they once were. For a man who performsthe bris (religious circumcision ceremony), this is prettyserious, and he’s having trouble getting insurance. Finally,his lawyer contacts him with the good news: “We’ve gottenyou a great policy, with only one rider!” “What’s that?,” asksthe mohel. The lawyer replies, “A one-inch deductible!”A lawyer finds out he has a brain tumor, and it’s inoperable– in fact, it’s so large, they have to do a brain transplant.His doctor gives him a choice of available brains– there’s a jar of rocket scientist brains for $10 an ounce,a jar of regular scientist brains for $15 an ounce, and a jarWired & WiredAppellate CounselThink your case was mishandled at trial?Wait ‘til you see what we can do!Extensive experience in petitions for rehearing.“We can stay up all night to get your briefdone. We’re WIRED!”The Clevor Law Groupannounces the opening of theirnew Riverside office.“We’re tanned, restedand ready to sue!”We are the best! Let our team of legal professionalswin your case. All attorneys arecertified to be active members of or activelyseeking reinstatement in the State Bar ofCalifornia. Legal malpractice defense a specialty.Lots of practical know-how in bar licenserevocation proceedings.of lawyer brains for the princely sum of $800 an ounce.The outraged lawyer says, “This is a rip-off – how come thelawyer brains are so darn expensive?” The doctor replies,“Do you know how many lawyers it takes to get an ounceof brains?”The crusty old managing partner finally passed away,but his firm kept receiving calls asking to speak with him.“I’m sorry, he’s dead,” was the standard answer. Finally,the receptionist who fielded the calls began to realize itwas always the same voice, so she asked who it was and whyhe kept calling. The reply: “I used to be one of his juniorassociates, and I just like to hear you say it.”A newly established lawyer, wanting to impress the firstclient coming into his office, picked up the phone and said,“I’m sorry, but I have a tremendous case load and won’t beable to look into this for at least a month.” He then hungup, turned to the young man in his office and asked, “Whatcan I do for you, sir?” “Nothing,” replied the young man.“I’m just here to hook up your phone.”A blind bunny and a blind snake were born at the sametime, and grew up together, becoming the best of friends.Neither one knew what kind of creature the other onewas, but one day they decided to touch each other anddescribe the sensations. The snake went first – “You’re allfurry, have two ears and a fluffy little tail.” The bunny wasoverjoyed, shouting, “I’m a bunny, I’m a bunny!” Then thebunny felt the snake – “You’ve got slimy skin, beady eyesand a forked tongue.” The snake moaned, “Oh, no, I mustbe a lawyer . . . .”An experienced editor tried to explain the newspaperbusiness to a cub reporter: “You can’t sell any papers with a‘Dog Bites Man’ story, but ‘Client Runs Off With Attorney’sFunds’ – why, that would sell out a special edition.”A new female associate was romantically ambushedin a darkened room at her new firm, to her surprise anddelight. When asked by her best friend to identify the newlover, she was puzzled: “All I know for sure is that it was apartner – he made me do all the work.”The defendant asked for a new lawyer, claiming thepublic defender wasn’t interested in his case. The judgeaddressed the P.D.: “What do you have to say to that?” TheP.D. replied, “Could you repeat that, your honor? I wasn’tlistening.”The plumber presented his customer, a lawyer, witha bill charging rates of $500 an hour. The lawyer wasoutraged, saying “I don’t even make that kind of money– doesn’t that seem a bit steep?” The plumber replied,“That’s what I thought, when I was a lawyer.”Then there’s the old story involving the theft of somechickens:Judge: Are you the defendant?Defendant: Nope, I’m the guy who stole the chickens.18 Riverside Lawyer, March 2005

TEN COMMANDMENTS RULINGThe U.S. Supreme Court has ruled in Van Orden v.Perry on the display of the Ten Commandments on astone monument on the lawn of the Texas State Capitol inAustin. The controlling case is Lynch v. Donnelly, in whichthe court ruled that a Christmas nativity scene could beplaced in a city park, as long as secular holiday symbolswere displayed along with it. In the current Texas case, thecourt held that the Ten Commandments could be displayedon public property, as long as they were surrounded byelves, reindeer, or a Santa Claus.POWER OF ATTORNEYFamous people who are lawyers (True or False):Benjamin Cardozo T FRamsey Clark T FRamsey Lewis T FHang On Ramsey T FHenry Clay T FCassius Clay T FGrover Cleveland T FBill Clinton T FCalvin Coolidge T FRita Coolidge T FGerald Ford T FHenry Ford T FJohann Wolfgang Goethe T FWolfgang Puck T FAlexander Hamilton T FLinda Hamilton T FPatrick Henry T FOliver Wendell Holmes T FJohn Holmes T FAndrew Jackson T FMichael Jackson T FReggie Jackson T FFranz Kafka T FVladamir Lenin T FMoliere T FWilliam Cullen Bryant T FKobe Bryant T FKeyTrue: Benjamin Cardozo, Ramsey Clark, Henry Clay, GroverCleveland, Bill Clinton, Calvin Coolidge, Gerald Ford, JohannWolfgang Goethe, Alexander Hamilton, Patrick Henry, OliverWendell Holmes, Andrew Jackson, Franz Kafka, Moliere, VladamirLenin, William Cullen BryantHEADLINESFOOD COURTPUBLIC HEALTH: Epidemic spawns outbreak of litigationBATON ROUGE—Every six years, a cholera epidemicbreaks out in Louisiana. Due to periodic flooding of theMississippi River, sewers in New Orleans spill into theGulf of Mexico where filter feeding shell fish absorb thesewage and become saturated with microbes and toxins.As a result, health officials shut down oyster bars, butonly after the raw oysters full of raw sewage have beenswallowed, cholera and all.So indigestion, litigation, and diarrhea follows inthe wake of the cholera that Louisiana has set up specialFood Courts. There, citizens may sue restaurants forgastric torts ranging from limp shrimp to crawdad gonebad. The Food Court sits for six months out of the year.Some of the complainants have to sit longer than that.COURTHOUSE CRASHESVIRUS INFECTS COMPUTERS: Hacker held responsibleRIVERSIDE—The civil and probate divisions of theSuperior Court in Riverside were shut down for an entireweek when a hacker spred a virus throughout the court’scomputers system. It seems that a clerk with a coldcoughed all over the keyboards and made everyone sick.COLD COMFORTGHOULISH FIGURE: Man caught stealing body fromlocal cemeteryRIVERSIDE—A Riverside man, who broke into themausoleum at Olivewood Cemetery, was prosecuted andconvicted of stealing a corpse. The identity of the victimis being withheld, pending notification of next of kin.The man received a stiff sentence.RCBA SUES PIP FOR PRINTINGMAGAZINE UPSIDE DOWNSHRDLU: Printer failed to us spellceckRIVERSIDE—A dispute has arisenbetween PIP Printing and the Riverside County BarAssociation over the new format. The printer has threatenedto shorten articles to save space or even to cutRiverside Lawyer, March 2005 19

MOCK TRIAL–INNS OF COURTby Robyn A. BeilinWhat an exciting season! For the second year in a row, I had theprivilege of coaching the Mock Trial team of Santiago High School in Corona.And although we didn’t meet our goal of unseating Riverside Polytechnic HighSchool in the Riverside County championship round, taking second placeamongst 22 high schools was certainly an accomplishment of which we can allbe proud.Commissioner Prevost and Eddie Diaz join the Santiago Mock Trial teamas they await the results of the last semi-final round.The Mock Trial program, which is organized by the Constitutional RightsFoundation, is designed to provide students across both the state and the nationwith the opportunity to engage in a mock criminal trial. Student attorneysare required to learn rules of evidence, constitutional law, the art of conductingexaminations, and the skills necessary to present a comprehensive openingstatement and a compelling closing argument. Other students participate aswitnesses, courtroom bailiffs, and courtroom clerks to round out a presentationbased on a fact pattern provided by the Constitutional Rights Foundation.In Riverside County, the Mock Trial program begins in late September eachyear, when the season’s case is released to all participating high schools. Fromthat moment on, each team spends countless hours preparing both a case-in-chieffor the People and a defense for the fictitious defendant. Witnesses spend monthsMichael J. Eldermanlearning their witness statementsand creating believable characters,whom they will ultimately portraywhile on the stand in competition.All of this preparation is doneunder the watchful eye of teachercoaches from the respective highschools and under the direction ofvolunteer attorney coaches, whogenerously donate their time andexpertise to these talented andhard-working students.Particularly here in RiversideCounty, the competition amongstthe high schools is extremelyfierce. Virginia Blumenthal, whoassisted in bringing the Mock Trialprogram to Riverside back in theearly 1980’s, noted recently thatthe program in Riverside Countyis one of the best, if not the best,in the nation. All participatingstudents in this county realize thattheir performances have to be polished,if not flawless, for themto stand a chance of winning thecounty competition.This year, Jonathan Lewis of J.Lewis & Associates, my co-coach,and I prepared our team for thecase of People v. Kendall, a criminalcase involving a vehicular manslaughtercharge arising out of analleged drag racing incident.This season was unique, inthat we were able to incorporatethe benefits of being members ofanother organization to enhancethe learning experience thatour team enjoyed this year duringits preparation process. BothJonathan and I are members of theLeo E. Deegan Inn of the AmericanInns of Court. That organization,which is made up of judges and20 Riverside Lawyer, March 2005

lawyers of all areas and levels of practice, is designedto improve the skills, professionalism and ethics of thebench and bar. Members are divided into individualteams, each of which is led by a judicial officer. Eachmonth, the Inn meets at the Mission Inn for dinner,during which a program is presented by one of the Inn’steams. Those programs involve topics on ethics, skills,and professionalism.I am fortunate to be on “Team Prevost” this year,a team led by Commissioner Jeff Prevost, who currentlypresides over the Riverside Family Law Court.Along with Commissioner Prevost and my fellow teammembers, Steve Geeting, Jim Manning, Chris Harmon,Eddie Diaz, Stephanie Fields, and Rob McCarty, westruggled to come up with a topic for our team presentation,which we learned was to be in May of 2005.Commissioner Prevost came up with the brilliant idea ofsomehow incorporating Mock Trial into a program thatcould be presented to our fellow Inn members. Beinga Mock Trial coach already, I immediately realized thebenefits that additional coaching resources would havefor our team, and I persuaded my Inn’s team to “adopt”the Santiago Mock Trial team as its pet project.During our months of preparation, Santiago studentswere privileged to have visiting attorneys frommy Inns of Court team attend some of their practices.Michael J. EldermanSantiago team members on their way to Final Competition.My fellow Inns members also shared their time by offeringtheir email addresses as another outlet for students to askquestions or obtain further critiques of their performances.Commissioner Prevost was particularly generous with histime in judging some of our scrimmages and making asmany practices as he could during the training portion ofour season.After months of hard work and dedication, our team preparedto enter competition, which began in February. There(continued next page)Riverside Lawyer, March 2005 21

Mock Trial–Inns of Court (continued)are four initial rounds of competition, after which losing teams are eliminatedto form a quarter-final group of eight teams that is more commonlyknown as the “Elite Eight.” They then compete to narrow the field downeven more to the “Final Four.” The winners of the competitions duringthat semi-final round move on to the final round of competition, whichultimately reveals the champion team of Riverside County.After Santiago made it into the Final Four, our defense team competedagainst Woodcrest Christian High School’s prosecution and ultimatelywon that round. This was impressive, in that we had entered into the EliteEight with a 2-2 record and had triumphed over an undefeated team inorder to gain entry into the Final Four. What was even more impressivewas that we were matched against Riverside Polytechnic High School, apowerhouse in Mock Trial circles, for the final round. Our defense teamagain competed and was narrowly defeated during that round, which waspresided over by the Honorable Thomas E. Hollenhorst of the Court ofAppeals. Although disappointed at their loss, our team was extremelyproud of their hard work and accomplishments and are even more motivatedto come back next year and claim the title of county champions.Just when we thought our season was over, however, we received anunexpected invitation to participate in the state championship – an invitationthat was extended because there is an uneven number of high schoolsin that round of competition. Although Santiago will not be eligible tocompete in any of the final rounds, it is certainly an honor to also representRiverside County in the state competition and our team is so excitedto have a further opportunity to compete.Several of the members of my Inn of Court were on hand for someof our competitions, and they maintained their support of our teamMichael J. Eldermanas we battled through competition. Tothem, Jonathan and I would like to offerour sincere thanks for their assistance.Commissioner Prevost commented: “Ithink that all of our [Inns] team membersshould be congratulated for [their] assistancewith the program. While I thinkthat only Robyn and Jon can take creditfor getting the team into finals, I believethat our participation helped, at least toa small degree, these kids gain the confidencethey needed. Hopefully, this enthusiasmwill spill over into our program.”The program to which CommissionerPrevost referred is the Inns of Courtprogram that our Inns team will be presentingon May 25, 2005. During thatprogram, all Inns members will get to seeclips of Santiago High School competing.Members of the Santiago High SchoolMock Trial team will be in attendanceto perform vignettes of some of theirperformances. And most importantly,members of the Inns will hear, directlyfrom Santiago students, their parents,their teacher coaches, and their attorneycoaches, how important the Mock Trialprogram is for these potential futureattorneys.Hopefully, Inns members from myteam will share how rewarding their experienceswith Santiago High School andthe Mock Trial program were during theirinvolvement in our 2004-2005 season. Iam also hoping that Inns members whomay have not been involved in MockTrial before will be encouraged to volunteereither as attorney coaches or scoringattorneys for future competitions.Believe me, I know how much workand time such a commitment entails.However, I would emphasize again thatit has been my privilege to coach thesetalented, amazing students and, on behalfof my Inns of Court team, it is to themthat I offer my most sincere thanks andcongratulations.Robyn Beilin is an attorney with the Law Officesof Harlan B. Kistler in Riverside.22 Riverside Lawyer, March 2005

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Riverside County Mock Trial Competition 2005(continued from page 13)Michael J. EldermanRiverside County Office of EducationJohn Wahlin and Tom Willmanillegal exhibition of speed and violation of an illegal racingclub ordinance of the City of Caneville. While the verdictrendered by the judge in mock trial competition inno way relates to the scoring of the round, Poly achievedconvictions on all counts, in addition to ultimately winningon the score sheets of the distinguished panel ofjudges.The final awards ceremony immediately followedthe championship round. Dr. Jock Fisher, the RiversideCounty Assistant Superintendent of Schools, presentedthe second-place award to Santiago High School andthird-place awards to Woodcrest Christian and TemeculaValley. Riverside County Bar Association PresidentMichelle Ouellette presented the Championship Award tothe Poly team, along with a stipend of $500 to defray itsexpenses in the State Competition.The Constitutional Rights Foundation had once againselected Riverside as the venue for the State Competitionbased on the extremely successful programs in Riversidein previous years. Judge Helios Hernandez was onceagain selected by the CRF to preside over the StateChampionship, which was to be held on March 20, 2005.Members of the judiciary, the bar, legal secretaries andthe staff of the Riverside County Office of Education onceagain contributed to a successful competition. Becausethe program has become increasingly regional, attorneysthroughout the County are encouraged to participate; itis no longer a Riverside-based competition. The majorityof the first three rounds involved trials conducted inthe Southwest Justice Center and Indio. Many thanks tothose who volunteered, and it is hoped those who havenot volunteered will consider doing so in 2006.John Wahlin, an attorney with Best Best & Krieger, is theChairman of the Mock Trial Steering Committee.Riverside County Office of EducationRiverside County Office of EducationSantiago High School, 2nd PlaceTemecula Valley High School, Tied 3rd PlaceWoodcrest Christian High School, Tied 3rd PlaceRiverside Lawyer, March 2005 25

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THE KIDS ARE OKby Rick LantzDo you remember the very first time youappeared in law and motion, legs shaking, stomach churning,trying desperately to memorize every single case youcited and every statute you proffered and to anticipateevery argument thrown your way by that hard-nosedjudge, not to mention feeling every pair of eyes in the audienceboring a hole between your shoulder blades, as theonlookers waited like a pack of wild dogs to jump you withtheir snickers when you failed miserably to come up withthe right answers? Well, that’s chump change comparedto the high school boys and girls who put on a mock trialin an honest-to-goodness courtroom, with an honest-togoodnessjudge, some 50 people in the audience followingtheir every move, and honest-to-goodness lawyers in thejury box all the while, actually scoring their performance.Now that’s a real leg-shaking, stomach-churning, heartpounding,dry-mouth-like-the-Sahara-Desert experience.But the kids did it! High school youngsters participatedin the annual Statewide Mock Trial Competition. I wasone of those real lawyers who did the scoring, and I hadnothing but admiration and respect for all of them – thosewho shone and the few who just got by. To me, they allshowed a fistful of courage.I arrived a half an hour before show time at LarsonJustice Center, Indio. The second floor hallway containedthe participants, coaches, teachers, and well-wishers, allquiet, aside from nervous whispers, sort of as in a library.Almost all of the high schoolers were well dressed in suitsand dresses. Black predominated; for a second, I thoughtI had stumbled into a funeral. Two courtrooms were tobe used; I drew the one presided over by CommissionerGregory Olsen, who showed kindness and understandingthroughout.One hypothetical case was used, not only by the participatingschools that night, but throughout the state,for every round. The case of People v. Kendall dealt witha homicide; an alleged two-car drag race on a city streetled to the death of one participant, with the other – thedefendant – accused of manslaughter. The trial wasdivided into five parts: a pretrial motion challenging theconstitutionality of a city ordinance; opening statements;the People’s case, via four witnesses, calling for direct andcross; and closing arguments. Each school provided stu-dents not only as attorneys, but as witnesses as well, to becross-examined by the opposition.The scoring was as follows:One: Shows lack of preparation and poor understandingof task and rationale behind legal procedure;Two, Three, Four: Inadequate preparation and understandingof task, stilted presentation, over-acting usingracial or ethnic stereotyping;Five: Fundamental understanding of task and adequatepreparation, acceptable but uninspired performance;Six, Seven, Eight: Demonstrates a more fully developedunderstanding of task and rationale behind legalprocedure;Nine, Ten: Demonstrates superior ability to thinkon her/his feet, resourceful, original and innovativeapproaches, extraordinary and realistic portrayal.Probably the most difficult part was the very first– the pretrial motion – as both sides presented argumentsdirectly to the court and then had to be prepared toanswer the court’s probing questions dealing with issuesof constitutionality. The young man of 17 who presentedthe defendant’s motion spoke slowly, distinctly, and effectively,pausing for a few seconds to collect his thoughtswhen questioned by the judge, then responding withoutfear. I gave him a nine. Unfortunately, the prosecution– a young lady – did not fare as well. After starting off, shefroze in silence for at least 20 seconds (to her, seemingly20 hours) while everyone in the courtroom held theircollective breath. She then resumed in a daze, not reallyunderstanding the judge’s questions. I gave her a two.Thereafter the process went fairly smoothly. Some“attorneys” clearly had previous experience, as they spokedistinctly and had a modicum of evidentiary understanding.The less experienced rushed through their questionsand comments with a death grip on their written material.“Hearsay” was definitely the objection du jour, witha few “nonresponsives” thrown in when the witnessesprogrammed themselves to make speeches. The key wasthe effectiveness of the witnesses, just as in a real trial.Some of the kids were darn good actors, especially the girlwho portrayed the defendant. At an opportune moment,she started crying and bemoaning the fact that her dragracingfriend had died while wrapped around a telephone(continued next page)Riverside Lawyer, March 2005 27

The Kids Are OK (continued)pole. Her emotions threw the prosecutor for a loop; hestruggled with each dramatic tear. I gave her a ten, him afive. After closing arguments, quite dramatic and effectiveby both sides, Judge Olsen ruled: Not guilty. My scoringalso gave the edge to the defense. Afterwards, I joinedCommissioner Olsen in chambers, who had nothing butadmiration for them all.Clearly Commissioner Olsen enjoyed the mock trial:“I think they have a lot of passion, which I really appreciated.They really believe their cases, and that is such akey. I though they were very well prepared. They knewwhat the witnesses were going to say, which is what youare supposed to do . . . you’re not supposed to have anysurprises,” said Commissioner Olsen.Any criticisms? “I think they stuck to their scriptsa little bit. I know sometimes they didn’t listen to theanswers that were coming out – they didn’t follow up –they would get a good answer and they didn’t follow up onthe answer. A lot of it has to do with the nervousness.”I asked, “If the youngsters were here in front of youand asking for advice, what would it be?”“Just really enjoy the process, really get into it. Ithink they really did. I thought some of the witnesseswere excellent, and the witnesses are what’s going tomake or break the case.”Much is written about what’s wrong with our youth.If only the mock trial could have been televised, so thatall of us could have experienced what’s right with them:bright, dedicated, clever, prepared. As Aristotle once said,“What we have to learn to do, we learn by doing.” The oldsage must have had these young men and women firmlyin mind.Rick Lantz, a member of the Bar Publications Committee, is anattorney in La Quinta.INCREASE YOUR CLIENTELEJoin theLawyer Referral Serviceof theRiverside County Bar Association(951) 682-1015State Bar of CaliforniaCertification # 0038LAW DAY 2005National Law Day, May 1, is aspecial day focusing on our heritageof liberty under law, a national dayof celebration officially designatedby joint resolution of Congress in1961.Law Day is an annual opportunity for RCBA membersto reach out in the community in an effort toexpand awareness of our laws or justice system, andtheir combined impact on our lives. It is more than justa single day to reflect on our legal heritage, it is a meansof sharing our daily way of life with the rest of our fellowcitizens.The official theme of Law Day 2005 is “The AmericanJury: We the People in Action.” Law Day is an opportunityfor all Americans to celebrate and enjoy our freedoms.The jury is the embodiment of democracy. We entrustjuries—small bodies of ordinary men and women—withdecisions that involve the liberties and property of defendants.In doing so, we confirm our faith in the ability ofpeople to make just and wise decisions, and that is thevery definition of democracy. We also see the jury systemas an opportunity to educate Americans in law, legal processes,and decision-making in a democracy.On this Law Day, we can help people understand thejury system, and appreciate their role in making it effective.The Riverside County Bar Association will be sponsoringits annual Law Day at the Malls on Saturday, May7, 2005. On that day, members of our bar association willbe present at the Galleria at Tyler in Riverside and theMoreno Valley Mall at Towngate in Moreno Valley from10 a.m. to 4 p.m. They will be providing free legal consultationto members of the public. If you would like tovolunteer for a two-hour time slot at either mall, pleasecontact the RCBA at (951) 682-1015 or charlotte@riversidecountybar.com.In conjunction with Law Day, the RCBA will also besponsoring the Good Citizenship Awards to RiversideCounty high school juniors on Friday, May 6, 2005.Presentations will be made at 1:00 p.m. in Department 1of the Riverside Historic Courthouse.28 Riverside Lawyer, March 2005

LAW LIBRARYby Gayle WebbNational Library Week: April 10-16Does this conjure up images of children’sstory readings, free bookmarks or posterswith various celebrities looking as if theyare actually reading their favorite books?National Library Week has been promotedin public libraries since 1958, when a surveyfound Americans were spending less on booksand more on radio and television – gee, whata surprise!While our books are not exactly somethingyou want to run right out to buy or curl upwith in front of the fireplace, be sure to stopin here during National Library Week and helpus celebrate the contribution of libraries andlibrarians. I think you’ll like using our new,free WestLaw service and looking over otherdatabases, like HeinOnline and LegalTrac forjournals and legal newspapers, LLMC Digital(Law Library Microform Consortium) for governmentdocuments, Kleinrocks TaxExpert,and Shepard’s on LEXIS. One-on-one trainingsessions will be available, and lots of giveawaysfrom legal publishers will go to anyonewho participates (or who even breathes thewords… National Library Week).For fun, a giant, mind-bending legalcrossword puzzle will make its return thisyear, along with other word games to sharpenyour skills. We’ll have the usual desk suppliesand novelties to give away, but this year, ourever-so-ebullient Reference Librarian, BretChristensen, has gone way over the top ingathering donations from major legal publishers,local eateries and even golf courses (!)to give away in daily drawings. All you needto do to participate is to drop off your businesscard; if you are interested in receivinga monthly newsletter about the Law Library,then make sure your email address is on thecard.Hopefully this partial list of fantastic giftsto be given away FREE will encourage you tocome on down, sit a spell, and chew the fatwith our reference staff, or even better, try to stump them with yourbest research/reference question. Wouldn’t you like one of the followingfor your very own – CEB’s Civil Procedure Before Trial and CaliforniaCriminal Law: Procedure and Practice; Building Trial Notebooks andTrial Objections by James Publishing; Parker’s California Evidence,Probate and Civil Codes, with CD-ROM; Black’s Law Dictionary; Witkinon Evidence; sweets from Mrs. T’s Heavenly Desserts and the OutlawCafé; and the list goes on…Gayle Webb is the Riverside County Law Library Director.Riverside Lawyer, March 2005 29

30 Riverside Lawyer, March 2005

Tuesday, May 3, 2005, at 6:30 p.m.OUR LADY OF THEROSARY CATHEDRAL2525 North Arrowhead Avenue, San BernardinoThe entire legal community and persons of all faiths are invited toattend the 15th Annual Red Mass on Tuesday, May 3, 2005, at 6:30 p.m.,at Our Lady of the Rosary Cathedral, located at 2525 North ArrowheadAvenue in the City of San Bernardino. The chief celebrant and homilistwill be the Most Reverend Gerald R. Barnes, Bishop of the Diocese ofSan Bernardino. A dinner reception in the parish hall hosted by theSteering Committee will follow the Mass.The Red Mass is for members of the legal community and theirfamilies to invoke God’s blessing and guidance in the administration ofjustice. All who are involved in the judicial system, including lawyers,judges, court personnel, court reporters, court security officers, andpeace officers are encouraged to attend the Red Mass.Judge Cynthia Ludvigsen Will Be Honored at the ReceptionSan Bernardino County Superior Court Judge Cynthia Ludvigsenwill be the recipient of the Saint Thomas More Award for her extraordinaryservice and devotion to church, community, and justice. TheSaint Thomas More Award is given to a lawyer in the community whoseprofession is an extension of his or her faith, who has filled the livesof the faithful with hope by being a legal advocate for those in need,who has shown kindness and generosity of spirit, and who is overall anexemplary human being. United States District Judge Robert J. Timlinwill present the award to Judge Ludvigsen at the reception immediatelyfollowing the mass.The Tradition of the Red MassThe Red Mass has a rich history. The name “Red Mass” is derivedfrom the liturgical color used in the vestments worn at the Mass, symbolizingthe gifts of the Holy Spirit bestowed through tongues of fire.The Red Mass is a Solemn Votive Mass of the Holy Spirit – the word“votive” indicating that the Mass is offered for the special intention ofthose present.The first recorded Red Mass was celebrated in Paris in 1245. In theUnited States, the tradition of the Red Mass was inaugurated in 1928 inNew York, where a Guild of Catholic Lawyers met with judges and membersof law faculties in old Saint Andrew’s Church in the courthouse district.The Red Mass is celebrated each year in Washington, D.C., whereSupreme Court justices, members of Congress, and the President attendat the National Shrine of the Immaculate Conception. Since 1991, theRed Mass has been offered in the Diocese of San Bernardino, which coversboth Riverside and San Bernardino Counties.For further information about this event, please contact JacquelineCarey-Wilson at (909) 387-4334 or Patricia Cisneros at (951) 248-0343.Calendar (continued from page 2)15TH ANNUAL RED MASS 22 RCBA/SBCBA Construction DefectSeminarSB Hilton, Hospitality LaneNoon – 1:30 pmMCLE22 Judge Pro Tem TrainingFamily Law Court – NoonMCLE29 Special General MembershipLuncheon Meeting“Current Issues Facing the JudicialBranch”Speaker: Chief Justice Ronald M.GeorgeMission Inn, Galleria Room – NoonMCLEMAY3 RCBA/SBCBA Environmental LawSectionSpeaker: Kassie Siegel Esq.Gresham Savage Nolan & Tilden550 Hospitality Lane, Suite 300San BernardinoMCLE4 Bar Publications CommitteeRCBA – Noon6 Good Citizenship AwardsHistoric Courthouse, Dept. 1 – 1:00p.m.Judge Pro Tem TrainingBanning Court – NoonMCLE7 Law Day at the Malls10 a.m. – 4 p.m.10 PSLC BoardRCBA – Noon11 BarristersCask ‘n Cleaver – 6:00 p.m.1333 University Ave., RiversideMCLE12 CLE Brown Bag“Juvenile Court Dependency Kids”Speaker: Judge Becky DuganRCBA Bldg, 3rd Floor – NoonMCLERiverside Lawyer, March 2005 31

CLASSIFIED ADSImmediate Need for AttorneyWell-known Riverside general, civil, law firm has an immediateneed for an additional attorney in Riverside office. Applicants shouldbe a member in good standing of the California Bar Association andhave 3-5 years experience, preferable with some knowledge of transactionalmatters. Salary is negotiable. Firm provides health insuranceand has a 401(k) plan available. Those interested should submitresumes to Mr. Eagans or Mr. Matheson at 1950 Market Street,Riverside, CA 92501 or call (951) 684-2520.Associate Attorney – TemeculaEntry level attorney to consult on Trademark availability andpossible confusion issues; prepare registrations and related motions/appeals; participate in Intellectual Property dispute resolution;research Chinese IP regulations/local procedures to consult U.S.clients on foreign registrations, and to consult Chinese clients onU.S. IP law; prepare legal briefs, memos, affidavits and daily correspondencein both English and Chinese languages; assist in IPlitigation. Requires JD degree and CA bar admission and U.S. Dist.Court of Southern CA. Full time. Resume to: Stephen Anderson, Esq.at Anderson & Assoc., 27349 Jefferson Avenue, Suite 211, Temecula,CA 92590. No Call/EOE.Attorney WantedR.E. Commercial Leasing Lawyer. 2 years experience, PalmDesert. Fax resume to (760) 564-6783, Attn: Nancy King.Litigation AssociatesRiverside office of growing firm seeks attorneys with 1-7 years’real estate, construction or business/commercial litigation experience.Strong writing skills and academic credentials. Competitivesalary, bonus program and benefits. Fax resume listing experienceand salary history to: Michael Smith (951) 275-9712.Litigation Associates - Inland Empire2 to 7 year associates needed for small but growing litigationpractice. Competitive salary and benefits. Ground floor opportunity.Fax resume to (951) 509-1378.For Sale – Professional BuildingRiverside tri-level professional building with private offices andreception area on the main floor. Conference room, eating area,storage space. Good parking. Within walking distance to the CourtHouse. Call for appointment: Realty Executives – Agents MichelleLarsen (951) 897-5790 or Jerry Rachman (951) 779-8444.Office for Rent – Full ServiceInns of Court Law Building, 3877 TwelfthStreet, Riverside, CA 92501. One block fromCourt House. Call Lorena at (951) 788-1747.Conference Rooms AvailableConference rooms, small offices and thethird floor meeting room at the RCBA buildingare available for rent on a half-day or fulldaybasis. Please call for pricing information,and reserve rooms in advance by contactingCharlotte at the RCBA, (951) 682-1015 orcharlotte@riversidecountybar.com.MEMBERSHIPThe following persons have applied for membershipin the Riverside County Bar Association.If there are no objections, they will becomemembers effective April 30, 2005.Kevin R. Dale –Best Best & Krieger LLP, RiversideDon Christopher Johnson –Lobb & Cliff, RiversideManijha Kadir –Marshack Shulman Hodges & Bastian LLP,RiversideJames D. Madden –Law Offices of Michael LaCilento, CoronaThomas R. Neumann –Office of the City Attorney, Desert Hot SpringsNelson R. Wong –Johnson & Associates, Riverside32 Riverside Lawyer, March 2005