April 2009 - San Bernardino County Bar Association

• B U L L E T I N •of the San Bernardino County Bar AssociationVol. 37, No. 6 Our 134th Year April 2009From thePresident’s DeskbyMichael A. ScafiddiSpring is upon us, the skies are clear, the temperaturecomfortable and daylight is lasting longer. Flowers arestarting to bloom and more people are enjoying the outdoors.Spring is a wonderful time when many take the opportunity tospend more time outdoors with family and friends. I often feelrenewed in spring and hope to get much accomplished. I hadan opportunity, over the last several months, to talk with manyof our members regarding their thoughts about our economy,the courts and, of course, our system of justice.Recently I had the honor of co-counseling a RiversideCounty criminal matter with a long time attorney friend, GarySmith. For those of you who do not know Gary Smith, he isa longtime veteran criminal defense attorney who practicesout of San Bernardino. At the start of trial, I watched Garyvoir dire a jury in regards to the sensitive issues related to thisparticular case. I watched closely as Gary asked jurors to becandid and honest in their response to his questions.There were 80 members of the jury pool when voir direstarted. By the time we had seated 12 jurors and 2 alternates,there were only 6 people left in the audience. Many of thejurors had requested hardship leave because they were notgoing to be paid by their employers or it would have beena financial burden for them to serve on the jury. Ultimately,the judge allowed those people to go about their business andthanked them for coming down to the courthouse. About 60perspective jurors were questioned that day before the panelwas seated. Throughout the voir dire process, I watched Garyremind the jurors that the client was presumed innocent; thatit was a fundamental right under our Constitution. I watchedeach juror nod their head in agreement that they understoodthat right. Then I watched many of the jurors tell the attorneysthat they didn’t think they could be unbiased, because if aperson was arrested and being prosecuted, that person hadto have done something wrong. Upon further questioning,they said they would try to keep an open mind. Somewere dismissed for cause and others by way of peremptorychallenges.The trial went on and after three days of testimony, thematter was sent to the jury for their deliberation. As all ofyou know, no matter what you think about your case, once itgoes into the hands of the jury, there is nothing but waitingand thoughts about whether or not you presented all theinformation necessary for the jury to provide a just verdict.Gary, our client, and I did not have to wait long for thejury to return a verdict. They deliberated only 45 minutesand came back out - the verdict was read - “not guilty” on allcounts. Afterwards the Deputy District Attorney, Mr. Smithand I had an opportunity to speak to the jurors. Each of thejurors thanked the Deputy District Attorney, Mr. Smith andmyself for our presentation of the case. They explained tothe Deputy District Attorney, Mr. Smith, and me what theythought about the evidence in the case and ultimately mostof the jurors stated that they felt good to be part of a jury andJudge Margaret Powers Tapped forKaufman-Campbell AwardBy J’Amy Pachecoictorville Judge Margaret Powers willVreceive the San Bernardino County BarAssociation’s Kaufman-Campbell Award in May,President Michael Scafiddi has announced.Named for former state Supreme Court JusticeMarcus Kaufman and former Fourth DistrictCourt of Appeal Justice Joseph B. Campbell,both of whom served in San Bernardino, theperiodic award honors jurists designated ashaving served on the bench with distinction andhaving made substantial contributions to the community as well as thepractice of law.Desert attorney Sandy Turner said Powers is “the epitome of thosequalifications.”“She is an outstanding jurist,” Turner stated. “Every time I’ve seen heron the bench, she’s been compassionate and even-tempered.”Turner, who is immediate past president of the High Desert BarAssociation, said Powers has done “tremendous” work with the region’sdrug and family courts and working with juvenile offenders.“She was excellent at it,” Turner observed.Scafiddi said Powers received multiple nominations, and was selectedby a unanimous vote of the organization’s board.“She has taken every assignment and handled it with dignity andgrace,” he pointed out. “She is always fair to lawyers and litigants. Shehas a wonderful demeanor, which was expressed by the many lawyerswho nominated her.”Jeanne Kennedy, president of the HDBA, called Powers “one of theunsung heroes of our Victorville Courthouse.”“She has handled all kinds of different things -- juvenile, family law,drug court, and treats everybody with dignity and respect,” she said. “Herdemeanor in the courtroom is kind and respectful. I really admire her.”Kennedy said Powers also contributes significantly to the community,and has always been supportive of local charitable projects.Larry Allen, supervising judge for the Victorville District, said Powersis “deserving for many reasons.”“She’s always been a very community-involved judge,” he explained.“She has always taken a lead in our treatment courts, the drug courts here,and currently with our domestic violence court.”Powers, he said, also takes times to speak to organizations, schools,club meetings, and remains “very active in the community.”“She has taken on a wide variety of assignments, and all of them havebeen successful,” he said. “She is very well respected by everyone, and isjust a nice person and a nice judge.”Presiding Judge James McGuire described Powers as “an excellentchoice.”“She’s been a hard worker for the courts, and a valuable asset,” hesaid.Desert Judge Eric Nakata said Powers “has been a stalwart here inVictorville.”“She’s always willing to help,” he said. “She has given so many youngjudges the benefit of her leadership. They couldn’t have picked a betterperson for the award.”Chief Deputy Public Defender Phyllis Morris lauded Powers for herinvolvement in establishing drug and domestic violence courts in theregion, and her commitment to a treatment approach for drug courtparticipants.(continued on page 10)

2 San Bernardino County Bar Association April 2009...President’s Desk (from page 1)our system of justice. I asked several of thejurors, if in fact, they had felt that same waywhen they realized that they had been calledto jury duty. Not one of those 14 individualsstated that they were happy to be called forjury duty. Although after going the entiretrial, many told me that they enjoyed theprecess and they would not mind servingsome time in the future on another jury.I bring this up because in the 29 years thatI have been involved in our justice system, Ihave never served on a jury. In fact, I haveonly been called for jury service on a fewoccasions. One of those occasions occurredrecently. About six weeks ago, I went tomy post office box and there was a juryduty summons directing me to report to theSan Bernardino County central courthouselocated at 351 N. Arrowhead Avenue, in SanBernardino. This courthouse is where I doapproximately 75 percent of my work and isabout two blocks from my office. As I thinkback, I realize that even though I know howimportant the role of jurors are in our system,I immediately starting thinking about waysto get out of serving on a jury. I thought“well, I am too busy”, “my clients willsuffer,” “I can’t take the time away from myduties as Bar President as well as the othernonprofit boards that I sit on.” Certainly allvalid reasons, much like the reasons of ourjurors in Riverside County first had whenthey received their notice to serve.As I drove home with my jury notice, Istarted to think about the long history of juryservice and being the type of guy that likes toresearch issues from a historical perspective,I did some research as to the history of thejury. I learned that by the time the UnitedStates Constitution and the Bill of Rightswere drafted and ratified, the institution oftrial by jury was almost universally revered.I also learned that the history of juries canbe traced back to the time of the MagnaCarta. The jury began in the form of a grandpresentment jury with the role of inquestand was started by the Frankish conquerorsto discover the King’s rights. Henry IIregularized the types of proceedings toestablish royal control over the machineryof justice. It was first done in civil trials thenlater in criminal trials.It was during the 17 th century that the juryemerged as a safe guard for the criminallyaccused. Thus, in the 18 th century Blackstonecould commemorate the institution as part ofa “strong and two-fold barrier between theliberties of the people and the prerogativeof the crown” because “the truth of everyaccusation must be confirmed by theunanimous suffrage of twelve of his equaland neighbors indifferently chosen andsuperior to all suspicion.”The right was guaranteed in the Constitutionof the original thirteen states, was guaranteedin the body of the Constitution and the SixthAmendment; and the Constitution of everystate entering the Union thereafter - in oneform or another - protected the right of jurytrials in criminal cases.Armed with this information, I, along with200 other citizens, reported to the groundfloor jury assembly room at the centralcourthouse on St Patrick’s Day, March 17,2009. I noticed that as I walked into the juryassembly room that everyone looked thesame. They were waiting in line to checkin and truthfully it did not look like a lot ofthose folks wanted to be there. As I stoodin line waiting my turn to check in withthe clerk, I could hear conversations amongother potential jurors all saying that theywished they were not there.I turned around and noticed a familiarface - standing behind me was Mike Reiter,a lawyer and fellow board member of theLegal Aid Society of San Bernardino, whoworks as an Assistant City Attorney for theCity of Redlands. Mike and I started talkingabout the role of jurors and I learned that,like myself, Mike was intrigued about thechance to serve on a jury. After checkingin, Mike and I sat down and I discussed withhim the fact that in 29 years, I had neverbeen picked to serve on a jury. Mike and Iwere eventually given a group designationand we waited to learn as to whether or notwe would be called to serve. As Mike and Istarted to talk about our roles as lawyers insociety, other members of the potential jurypool started to speak to us.Over the course of the next hour and a half,I had conversations with several membersof the potential jury pool in regards to thelaw and the history of jury service. Whilethis was going on, the prospective jurymembers were able to view a professionallymade video of jury service. Ultimately, mygroup was not needed and I was given areceipt documenting that I had come in forjury duty and I would not have to serve fora year. As I left the jury room that day andwalked up to the 4 th floor to meet with anassociate who was working on a matter formy office, I was actually disappointed that Iwould not be sitting in the jury box, listeningto lawyers’ voir dire and questions. As I leftthe courthouse that day, I made a promiseto myself that the next time I go to my postoffice box and I see a jury summons, that Iwon’t think about ways to get out of juryduty, but will in fact calendar it and lookforward to that day. I hope each of you willfeel the same the next time you are called tojury duty.In regards to Bar news, there is much to talkabout. After reviewing all the nominationsfor the Kaufman/Campbell Award, theSan Bernardino County Bar AssociationBoard of Directors unanimously voted the2009 Kaufman/Campbell to the HonorableMargaret Powers, Judge of the SuperiorCourt. Personally, I am very grateful that Ihad the opportunity to notify Judge Powersof her selection for this prestigious award. Ihad first met Margaret Powers in 1981 whileI worked at the Ontario Police Department.Judge Powers is the wife of John Powers,who at the time was a Lieutenant working asa Watch Commander for the graveyard shiftat the Ontario Police Department. LieutenantPowers was one of my first supervisors, adedicated police officer who cared aboutthe citizens that we served as well as themen and women who worked for him. I lookforward to the Kaufman/Campbell Awardand being able to go up and shake the handof my old Lieutenant whom I have not seenin many years.Also I am pleased to announce (see box onpage 7) nominees for the 2009/2010 Board ofDirectors positions as well as the nomineesfor the executive board. I look forward toworking with each one of the nominees nextyear. It is an extraordinary group of lawyersand human beings who truly understandwhat it means to care about the communityin which we live and work.I look forward to continuing to speak to themembers over the next several months. Yoursuggestions and ideas have been wonderfuland we are working toward implementingmany of them.Until next month, as always work welland care.Local Inn of CourtAnnounces MentoringProgramThe Joseph B. Campbell Inn of Court hasinstituted a mentoring program.The Inns program has a focus whichis distinct from the Mentoring Programrecently initiated by the San BernardinoBar Association, said Michael Schaefer,chairman of the proram. Unlike the BarAssociation program, the Inns of CourtMentoring Program does not seek to teachspecific practice skills. Instead, the Inns ofCourt program is aimed at broader issues ofcurrent concern to the profession: approachesto ethical and professional issues, careergoals, types of legal practice, law practicemanagement issues and quality of life issues.The goal is to better equip less experiencedlawyers to deal with the realities of thepractice of law and to understand ethics andprofessionalism more fully. Because thesesubjects cut across various legal practiceareas no effort is made to match mentors andmentees by practice area.Each mentee is matched with a singlementor. They are asked to get togetherfor lunch at least twice a month (mentorpays) to talk about issues of concern tothe mentee. Schaefer suggests that at leastone of these lunches be at the monthlyinformal lunch with judges and attorneys atNena’s Restaurant, 642 North D Street, SanBernardino. It is on the second Wednesdayof each month.A Mentor Program Handbook, ProgramGuidelines and Acknowledgement, and awelcome letter can be accessed through theFullerton, Lemann, Schaefer & DominickLLP website www.flsd.com. Lawyers whowould like to participate as either mentors ormentees should contact Michael Schaefer oremail him at mschaefer@flsd.com.Please note that all mentors and menteesmust be members of the Inns of Court.

April 2009 “The oldest continuously active bar association in California” 3

4 San Bernardino County Bar Association April 2009SBCBA Attorney ProfilesGaryWenkleSmithby Ed ButlerGary Wenkle Smith is a special individualwho has dedicated much of his privatetime to helping those like himself who havebeen mired in substance addiction.As he explains, one of the keys to recoveryis helping others who have also been addictedto alcohol and drugs. For him, this hasentailed many long evening hours assistingothers through The Other Bar and the CedarHouse residential facility, of which he is pastpresident.Key elements of recovery, he says, includemaking a commitment to stay clean and sober,involvement in the Twelve Step communityas a deterrent to relapse, admitting that one ispowerless over the disease, and reliance upon“a power greater than ourselves” to cope withthe problem.He emphasizes the importance of TwelveStep programs, because “you need to be withpeople like you . . . (who) have issues that wehave become painfully aware of.”Smith tells a life story of his own trialsand travails that lends credence to what hepreaches. He credits a “divine intervention,”in the form of three caring legal peopleconspiring to help him with his rescue. Herecalls the group prayer that he led, amongfellow inmates at Glen Helen jail, prior tohis son’s recovery from a seriously disablingbrain injury.On the vocational side, Smith is a spiritedcriminal defense attorney inspired by thelikes of the iconic Clarence Darrow. “He hadheart, he really, truly cared about the peoplehe represented,” Smith says, indicating anemphasis of his own practice philosophy.A State Bar member for nearly 30 years,Smith also emphasizes civil rights litigationin his practice. His focus there is Section 1983cases involving intentional acts of misconducton the part of law enforcement persons.Because of recent health issues, Smith hasembarked on something of a sabbatical fromhis busy social service work in the evenings.He finds relaxation in painting paintings thatcover the walls of his D Street office in SanBernardino, and in writing poetry.Smith looks back nostalgically upon adifferent San Bernardino in which he grew upas a frisky, happy youth.Smith was born in East Los Angeles, buthis family moved a few days later to SanBernardino. It was 1948, and his father was aradio announcer who accepted a job at KFXMRadio. His dad later worked in managementat the station and later as a real estate broker.His mother, Nancy E. Smith, was atrailblazing woman who served as SanBernardino County supervisor from 1956 to1976. Smith recalls that his mother “was oneof the first women to do all kinds of stuff.”Her office back then was in the countycourthouse, where young Gary experiencedhis first tingles of interest in the law attendingtrials and getting to know lawyers andjudges.“In those days, my mom didn’t worry aboutme wandering around the courthouse,” Smithrecalls.Referring to herself as a “public servant”instead of a politician, she apparently sparkeda service orientation in him, includingcounseling work that preceded his legalcareer.He says he dreamt of becoming a starbaseball player, and if that didn’t pan out, hewould be an attorney.Baseball was a chief interest of his as ayouth, and he played on the varsity team atPacific High School. That was after livingon East Ninth Street, on property abutting acattle pasture, and then on Elmwood Road inDel Rosa, during which he attended HighlandJunior High School.Surfing was also a big interest of his in highschool, and he funded gasoline for his 1948Pontiac Chieftain woody by working at thesecond ever Baker’s Burgers and Tacos atHighland and Arden.He reflects wistfully on the “great town”that San Bernardino was, when a fistfight wasall that was needed to summarily concludea conflict. “I had a wonderful childhood,”he recalls. He’d like to see a Renaissance inthe city, with emphasis given to downtownrevitalization. “We need to give thecommunity . . . some heart back,” he says.After graduating from Pacific in 1966, headmits that “I majored in fraternity” for twoyears at San Bernardino Valley College.Despite spotty grades, some of his fondestmemories are of that period.He then transferred to Cal State, SanBernardino, earning a bachelor’s degree inpsychology.His work after hours and in the summersincluded construction and collections workfor General Motors. During upper divisionstudy he was a swing shift custodian for theSan Bernardino city schools.Later a graduate student in clinicalpsychology, he put his counseling trainingto work at the Kaiser Hospital Office ofEconomic Opportunity, providing outreach tothe Inland Empire poor about health servicesthat were available. He also counseled atAgape House at Perris Hill Park, part of SanBernardino County Drug Abuse Program,Inc. It was an early phase of the PC1000 drugdiversion program.Smith says counseling was something thathe enjoyed as he learned about people inpreparation for his legal career.He briefly did some administrative work foranother counseling agency before enrollingfulltime at the University of La VerneCollege of Law. He was to be law revieweditor in his third year.Smith recalls a couple of key experiencesthat led him into the law. Once when hismisbehavior put him on summer-longrestriction by his father, his mother gavehim a book, “My Shadow Ran Fast” by BillSands. He was inspired to do something withhis life, by this no-nonsense story by theman who founded a support foundation forparolees in the Bay Area. Also inspiring wasthe story of Clarence Darrow, a “truly greatlawyer.” “I began to feel like I really had acalling,” Smith says.He recalls his first semester of law school aspretty tough. Real property was particularlydaunting, requiring extra background study.The challenge, however, led to his earning thehighest grade in real property and includingit as an emphasis as he began practice as anattorney.Getting his wings in the legal field, heclerked for probate Judge Duke Rouse at SanBernardino Superior Court. Toward the endof school he clerked for Sprague, Milliganand Beswick, and he praises Rick Beswick as“a great teacher.”Then came clerking for Mike Peccorini,general counsel for First American Title,in its building where Smith opened his firstsole practitioner office in 1979. He beganwith emphasis in real property and criminaldefense. He moved his office 13 years laterto Bill Shapiro’s building on ArrowheadAvenue, before arriving at the WashingtonMutual building on D Street, where he isnow.In the midst of his busy practice workhe tried out methamphetamine and foundit initially gave him extra hours of energy,helping him do his work. He also was partof the Court Street West Bar lifestyle, whereeveryone left for the night with a .08 or betterblood alcohol level.As it turned out, Smith was destined to beaddicted to both substances. He describes itas “living a life in insanity,” defined as “doingthe same thing over and over expecting adifferent result.”While he says he was a functional addict,his world became confused and he hit bottomby spending a half year in county jail andundergoing bar discipline.He says meth “made me think I could dowhatever I chose to do and nobody could doanything about it... I had gotten to the pointthat I had gotten out of control and I couldnot see that.”Describing it as “divine intervention,” hecredits three special men with forcing him tomake a choice between limited jail time andprotracted state prison time. Those individualswere Judge Keith D. Davis, Deputy DistrictAttorney Frank Vanella, and David McKenna,former county public defender.Smith had an epiphany as a jail inmate,when his son suffered a life threatening braininjury in a beating. Transported in chains tosee his comatose son at the hospital, Smith asan inmate leader got dozens of fellow inmatesto pray in the yard for his son’s recovery.Smith recalls deciding that “if I was going

April 2009www.sbcba.org5to be clean and sober I’d have to live the truth.”He was rewarded by his son’s walking out ofthe hospital.Smith says that this May he will have beenclean and sober for 12 years.Smith says a criminal defense attorneyneeds to be sincere and respectful and to behonest and straightforward with his clients.He feels most local defense counsel performwell, but he has observed some defendants notsufficiently aware of the status of their cases,sometimes with minds clouded by anxiety andthe impact of drugs. While criminal suspicionhas its basis in defendants’ behavior, “the jobof a criminal defense lawyer is to be a zealousadvocate no matter what and be loyal to yourclient, no matter what.” He adds that thedefender must really care about his client, orotherwise add to the bitterness of a defendantfacing incarceration.While some defense attorneys are a little tooready to plea bargain, Smith rates plea bargainsin the county as pretty reasonable. “We havea wonderful legal community here in SanBernardino,” he says.He contrasts that with the intransigence ofthe Riverside County district attorney, whodoesn’t have that great a track record for hisstubbornness, according to Smith.A litigation student of Gerry Spence, Smithsays he enjoys being a lawyer “because it’salways important and it’s always new everyday.”He praises local Drug Court for makingimportant inroads for defendants.Smith’s wife, Pat, previously worked in hislaw office and in interior design. Their threesons are a writer, computer programmer andmusician. There is one grandchild.In addition to poetry and painting, Smithsays his favorite adult pastimes have includeddirt bike riding, martial arts, and cruising andexpanding his mind on his Harley Davidson.Ed Butler is branch manager of the LawLibrary for San Bernardino County.Arbitrators NeededThe Mandatory Fee ArbitrationProgram is in need ofadditional criminal law andfamily law arbitrators to hearattorney-client fee disputes.Please call Claire Furness at(909)885-1986 for information.NOTE: The SBCBA will behosting the FREE State Bar feearbitration training courselater this year. Please watchupcoming Bulletins for details.2009 BENCH-BARFAMILY LAW SYMPOSIUMTHURSDAY, MAY 7, 20095:30 to 8:00 p.m.UPDATE ON SAN BERNARDINO COURTSAn Administrative PerspectivePresiding Judge James McGuireUPDATE ON RECENT DEVELOPMENTSIN FAMILY LAWA View from the Benchpresented by the Family Law Judgesof the Superior Court of San Bernardino CountyHeld at theSAN BERNARDINOHILTON HOTEL285 E. Hospitality LaneSan Bernardino2.0 hours MCLE (inc. 1.0 ethics)San Bernardino County Bar Association, a California State Bar-approvedMCLE provider, certifies that this activity is approved for 2 hours ofMCLE credit (which includes 1 hour of ethics) by the California State Bar.$40 members, $50 non-membersIncludes buffet dinner and materialsPlease call SBCBA (909) 885-1986 to RSVPOr go to http://formdesk.com/sbcba/rsvpWELDON L. BROWNCOMPANYINC.Weldon L. Brown• State Court Receiver• Trustee• Referee• Member of CaliforniaReceivers Forum5029 LaMart Drive / Riverside, CA 92507(951) 682-5454 • (909) 824-5650 • Fax (951) 788-8718www.weldonbrown.com

6 San Bernardino County Bar Association April 2009

April 2009“The oldest continuously active bar association in California”7Board Nominees Announcedfor 2009-2010 TermThe Annual Meeting of the SanBernardino County Bar Associationwill be held on Thursday, June 4,2009 at the San Bernardino Hilton,where the membership will vote forofficers and directors nominated forthe 2009-2010 term.The nominations for officers for the2009-2010 term are:President-Elect: John LowenthalVice President: Khymberli ApalooSecretary-Treasurer: Bradley WhiteThe nominations for 2009-2010Directors at Large are Kevin Bevinsand Diane Anderson.Directors-at-Large nominated for asecond two year term are JenniferGuenther, Sandy Turner and JohnZitny.Thomas W. Dominick willautomatically assume the office ofPresident, and Michael A. Scafiddiwill serve as Immediate PastPresident.19th ANNUAL RED MASSTuesday, April 28, 2009, at 6:00 p.m.Our Lady Of The Rosary Cathedral2525 N. Arrowhead Ave, SanBernardinoThe entire legal community and personsof all faiths are invited to attend the19th Annual Red Mass on Tuesday, April28, 2009, at 6:00 p.m., at Our Lady of theRosary Cathedral, located at 2525 NorthArrowhead Avenue in the City of SanBernardino. The chief celebrant will be theMost Reverend Gerald R. Barnes, Bishopof the Diocese of San Bernardino. Thehomilist will be Father Martin O’Loghlen,a member of the Congregation of theSacred Hearts of Jesus and Mary (SS.CC.)and former principal of Damien HighSchool in La Verne. A dinner receptionin the parish hall hosted by the SteeringCommittee will follow the mass.The Red Mass is an opportunity formembers of the legal community and theirfamilies to invoke God’s blessing andguidance in the administration of justice.All who are involved in the judicialsystem, including judges, lawyers, courtpersonnel, court security officers, legalsupport staff, and peace officers, areencouraged to attend the Red Mass.Retired Commissioner Martin H. Swanson tobe honored at the ReceptionDuring the reception, retired RiversideCounty Superior Court CommissionerMartin H. Swanson will be presentedwith the Saint Thomas More Award forhis extraordinary service and devotionto church, community, and justice. TheSaint Thomas More Award is given toan attorney in the community whoseprofessional life is a reflection of hisor her faith, who gives hope to those inneed, who is kind and generous in spirit,and who is overall an exemplary humanbeing.The Tradition of the Red MassThe Red Mass has a rich history. Thename “Red Mass” is derived from theliturgical color used in the vestments wornat the mass, symbolizing the gifts of theHoly Spirit bestowed through tongues offire. The Red Mass is a Solemn VotiveMass of the Holy Spirit - the word “votive”indicating that the mass is offered for thespecial intention of those present.The first recorded Red Mass wascelebrated in Europe in 1245. In theUnited States, the tradition of the RedMass was inaugurated in 1928 in NewYork, where a Guild of Catholic Lawyersmet with judges and members of lawfaculties in old Saint Andrew’s Church inthe courthouse district. The Red Mass iscelebrated each year in Washington, D.C.,where Supreme Court justices, membersof Congress, and the President attend atthe National Shrine of the ImmaculateConception. Since 1991, the Red Masshas been offered in the Diocese of SanBernardino, which covers both Riversideand San Bernardino Counties.For further information about this event,please contact Jacqueline Carey-Wilsonat (909) 387 4334 or Mitchell Norton at(909) 387-5444.ELWOOD M. RICHJUDGE OF THESUPERIOR COURT (RET.)JUDGE FOR 28 YEARSMEDIATIONSARBITRATIONSINDEPENDENT ADR(951) 683-6762CALIFORNIA SOUTHERNLAW SCHOOL3775 ELIZABETH ST.RIVERSIDE CA 92506Forensic Accounting - Expert TestimonyFRIEDMAN & BROUNSTEIN, LLPCERTIFIED PUBLIC ACCOUNTANTSEconomic Damages• Business • Insurance • Income • Real EstateFamily Law• Business Valuations • Cash Flow • Tracing(Located across from the San Bernardino Courthouse)AT THE LITIGATION SUPPORT CENTER444 N. Arrowhead Avenue, Suite 105San Bernardino, CA 92401Tel: (909) 889-8819 Fax: (909) 889-8788

8 San Bernardino County Bar Association April 2009SBCBA Bench Bar Committee ReportBy John Zitny, Bench Bar Committee ChairOn Monday, March 2, 2008 the Bench BarCommittee met to discuss issues thataffect the local attorneys and judges.Michael Scafiddi -SBCBAPresidentThe San Bernardino County Bar Associationis sponsoring a coed softball league thisspring. There will be a minimum of six teams,but Scafiddi would like to field eight teams.The games will be played at the Big LeagueDreams field in Mira Loma. Each team canhave twelve players, but there must be at leastfive men, and five women on each team. Theseason is ten weeks, and games are playedeach Tuesday evening. The cost is $375 perteam, which does not include a $3 entrancefee to the park. For further information,please contact 909-885-1986 or emailplayball@sbcba.org.Scafiddi also suggested that the Bench-BarCommittee meet twice a year in Victorvilleand twice a year in Rancho Cucamonga.Scafiddi raised an issue regardingout-of-state transfers of probation atsentencing. He felt the court had a policy ofdenying the transfers. Scafiddi felt that suchissues could be addressed at sentencing. JudgeMcGuire stated that such transfers could notbe completed without prior approval fromthe accepting authority. Scafiddi said thathe would get further information to JudgeMcGuire and Judge Elwell, then the courtwould get back to the bar association withmore information.Jack Osborn- J. B. Campbell Inn of CourtMr. Osborn said that the Inns of Courtnow has fourteen mentors to assist with thedevelopment of attorneys. He said that thementors are assigned by practice of law.The mentors are available to all members ofthe Inns of Court. Mr. Osborn further saidthat mentors are also available through theSan Bernardino County Bar Association formembers of the local bar. The mentors arevolunteers.The Conservatorship Education program forConservators at the Redlands Court Househas been organized and will be taught byvolunteer attorneys. Walter Moore is handlingthe schedule.Chris Gardner - San Bernardino CountyOffice of Public Defender/ SBCBA Directorat LargeMr. Gardner has been in charge of theSBCBA Law Day program for the pasttwo years. This year, instead of having thepresentations during a short period of time,the bar association will align speakers withschools over a 365 day time period. Thereason is because the time period pickedby the ABA is the same time period whenCalifornia schools are having the STARtesting. Last year, presentations were givento over 10,000 students. This year, the themeis Lincoln’s Legacy. The best participationfor this year has come from the High Desertschools. Gardner would like to see moreparticipation from bench officers, as well aslocal attorneys.Bryan Hartnell - SBCBA Probate SectionThe committee asked Mr. Hartnell about thestatus of the Probate Court. He said that somehigh desert and Morongo Valley probateattorneys find it a challenge to drive downto Redlands. Mr. Hartnell did say that thevideo appearance procedure was available,but attorneys are not taking advantage of it.However, Court Call is being used, whichallows an attorney to make a telephoneappearance. Many probate attorneys aregetting used to the central system, whichhas the advantage of consistent rulings andphilosophy. He noted that Riverside and LosAngeles have a system where counsel canspeak to the probate attorney to clear notes.Mr. Hartnell said that working with the probateattorney made cases go more smoothly andwith fewer continuances. However, in SanBernardino County, counsel does not have theability to work with the probate attorney. Heunderstands that the system is being reviewedand hopes that San Bernardino will adopt asystem similar to the sister counties.James McGuire- Presiding JudgeThe new Central Courthouse is on scheduleand expected to be completed and occupiedin 2012. The technical drawings are complete,but there is still some minor “fine-tuning” that !"#!$$%&'%(()*+ , -. !+. + + ! /++. .0 !+! needs to be done. Construction will start in2010.The new courtroom in Joshua Tree isexpected to be completed this spring orsummer. A calendar in the new courtroomshould start as of August 1, 2009.The Victorville courthouse is still seekingoff-site space, however there is a shortagewith the budget from the State.There is currently one judicial position thatis in the process of being filled. Notice of theappointment from the governor is expectedshortly.Our county was slated to receive sevenjudges this summer, but there is not enoughfunding. Judge McGuire made a distinctionbetween Appointed Judges and AssignedJudges and their costs. The State pays forall of the support services for Judges whoare appointed through the legislative processand the Governor. However, we have to payfor the support staff of the Assigned Judges.While we presently have Assigned Judges,it is looking quite bleak as to whether wewill get the new judicial positions passedtwo years ago. These judicial positions weredeferred last year and then again this year.The lack of state funds will not affect theconstruction of the facilities, however. Thecourthouse will proceed as long as it remainswithin the square footage and price as alreadyagreed upon.The county benefit package for the judgeshas not been determined. The judges are stillin negotiation with the county officials.The next Bench Bar Committee meeting willbe on Monday, April 6, 2009 at 12:00 p.m.John Zitny is the Chief Deputy of CentralDivision of the San Bernardino County PublicDefender’s Office and serves as a Directorat Large on the San Bernardino County BarAssociation Board of Directors.

April 2009www.sbcba.orgDisplaced Workers Look to Legal FieldBy J’Amy PachecoSeven displaced workers from theInland Empire have a shot at careersin the legal field, thanks to a cooperativeeffort between the Legal Aid Society ofSan Bernardino and the San BernardinoEmployment and Training Agency.Roberta Shouse, director of LegalAid, said the seven recently completedan eight-week class preparing themfor careers in law offices, courthouses,correctional facilities and otherlaw-related entities. The class wasdeveloped after Shouse noticed asignificant increase in the number ofLegal Aid clients who had been laid offfrom their jobs.-0“We always try to have one projectgoing along with the day-to-day legalwork we do for our clients,” Shouseexplained. “We try to make the projectreflect what we see walking in the door- what we see as problems or issues in thecommunity.”After receiving a substantial number ofrequests for assistance with foreclosures,Shouse said her office did a seminar onforeclosures.“Right after that, we started seeing alot of people who were out of work,” shesaid.Working in conjunction with SBETA,Shouse said her office put togetheran eight-week crash course coveringaspects of the legal profession rangingfrom unlawful detainers, guardianshipsand bankruptcy to how to get along withothers in a law office.The class consisted of five women andtwo men who met four days each week.Shouse said 13 people applied for theretraining.“We picked the ones we thought werethe most interested, and who wouldfinish,” she said. “These students wereall very bright. They’d all been working,and want to work.”Alberta Williams spent four yearsworking as a legal secretary beforestarting her own transcription business.An opportunity “came out left field,”and she ended up leaving the legalfield and traveling the world to installbingo software. Eventually, she went towork for that company’s manufacturingdivision in the San Bernardino area.In November, the company decided tomove to Nebraska.“When we were let go, it was a terribleshock,” she recalled. San BernardinoCity Councilman Chas Kelley arrangedfor the Employment DevelopmentDepartment and SBETA to makepresentations to the employees aboutretraining opportunities. In light of herbackground, Williams opted to apply tothe legal program to brush up on the fieldshe’d left behind years before.“It was a wonderful program,” she said.“I learned so much. The trainers werewonderful. I really got a lot out of it.”San Bernardino attorney WilliamShapiro was one of the trainers. He saidhis discussion related primarily to whatthe students should be concerned aboutwhen filling out applications, beinginterviewed, preparing resumes and whatattorneys’ expectations would likely be.“My goal was to give them somepointers on what employers are lookingfor as they apply for positions,” Shapirosaid.Attorney Walter Moore discussedguardianships. In addition to classroomwork, the students visited severalcourtrooms. Judge John Pacheco allowedthe class to observe a trial, then tooktime to take questions from the students,and to explain some of what took place.Commissioner John Crawley and JudgeKenneth Barr also welcomed the studentsinto their courtrooms.The students observed unlawfuldetainer and small claims proceedings,heard from an eviction service, createdresumes, and even heard from a womanwho taught them to develop a budgetcutting their living expenses in half.Katrina Smith said she had been doingclerical work when she was laid offalmost a year ago. Although she haslooked for work continuously, her familyhas had to give up its second vehicle, takea second mortgage on the house, and shehas been unable to afford to put her smalldaughter in pre-school.The Apple Valley resident now hopesto land a job in a law office that handlesfamily law, bankruptcy matters orcontract law, and credited the class withgiving her the knowledge she will need toobtain a position.“They gave us a huge amount ofinformation that most people would takeyears to acquire,” she said. “They gaveus massive amounts of information in ashort time. It was really beneficial.”Shouse said some of the students’stories were heartbreaking. One womanspent 25 years working in a distributioncenter for Mervyns before being laid off.“She lost her income, she lost herhealth insurance,” Shouse stated. “Andsince her ex-spouse worked there too,she lost her child support.”9Several students worked for mortgagecompanies. One told of rampant rumorsof impending layoffs being discountedby the employer. But on a Thursdayafternoon, employees were told thebuilding was about to be sprayed, andwere advised to take all of their personalpossessions when they went to lunch.They returned to the office after lunch tofind the company closed -- permanently.But Shouse described the students as“extremely bright, eager to work, andextremely anxious to learn.”“They all have basic skills oncomputers,” she emphasized. “They allhave a long history of employment, andthey were all laid off through no fault oftheir own. They want to work.”Despite her experience, Williamssaid she would be happy to start as areceptionist.“I have to work,” she stressed. “As areceptionist, I can prove what I can do.”Williams said she also intends to giveback to Legal Aid by volunteering there- when her time isn’t monopolized by jobhunting.Shapiro, who described the participantsas “self-motivated,” said he knew histime with the students was well-spent.“When people are willing to takeweeks out of their busy schedule to takea course because they are consideringthe legal field as a career, I will take anafternoon to help them,” he said. “Theirself motivation was clear and I knewimmediately I was not wasting my time.These folks appreciated not only myinvolvement, but all the participants.“We need good people interested inlegal careers,” he added. “This programis one more that paves the way to havegood people in our field.”Shouse said she realizes that sevenpeople is not a lot when so many are outof work.“But every one of the seven is worthyof the time and energy we gave them,”she said. “They appreciated it, and theywant to use it.”Shouse is hopeful that local attorneyswill consider contacting the students, whoreceived certificates and a pep talk fromFifth District Supervisor Josie Gonzalesupon completion of their training.“If anybody is interested, they’rewelcome to call me, or Debbie Davis,”Shouse emphasized. Shouse and Daviscan be reached at the Legal Aid Societyfor San Bernardino: (909) 381-4633.J’Amy Pacheco is Editor of the SanBernardino Bulletin, a MetropolitanNews publication.

10 San Bernardino County Bar Association April 2009Judge Margaret Powers... (from page 1)“She is always willing to help thosewho are willing to help themselves,”she said. The result of such an approach,Morris opined, is that the drug recidivismrate drops, broken families are reunitedand children who see their parentssucceeding are less likely to continueaddiction or violence patterns.“Her influence definitely extends farbeyond the courtroom,” she pointedout.Before entering the legal field, Powersworked first as a car hop, and later inretail and clerical jobs. She spent 10years working in the cable televisionindustry, and enrolled in night school totake business classes to help advance hercareer in that industry.“Married to a cop, I always thought Ishould be able to take care of myself andthe kids if anything happened to him,”she reflected. She earned an Associate’sDegree from Chaffey College andeventually rose from a clerk to generalmanager with Group W Cable. One ofher favorite classes was a business lawclass.“I loved reading cases,” she said.“An attorney taught the class, and hisapproach was like it is in law school. Ijust loved the process. When I realizedthat’s what I would do in law school, Idecided that’s what I would do.”Although she planned to work inher company’s legal department afterearning a law degree, Powers discovereddoing so would require relocation toNew York. Instead, she went to work forthe Orange County District Attorney’sOffice to obtain trial experience.“Six months in, I realized I loved it,”she recalled. “I had never thought that Iwanted to do that, but I found I loved it.I said, ‘This is what I want to do.’ And Iforgot all about cable.”After working as a trial attorney,Powers decided to seek a judgeship.“I liked the idea of solving theproblems,” she explained. Then-Gov.Pete Wilson appointed her to theMunicipal Court Bench in 1992 andthree years later, she was elevated to theSuperior Court. Except for temporaryassignments, Powers has spent heryears on the bench in the VictorvilleDistrict. She currently handles felonytrials there.Powers said she was “surprised andthrilled” to learn her work has earnedher the Kaufman-Campbell Award.“The two justices were amazingpeople,” she opined. “It’s such an honorto get an award named for them - and tobe in the company of the other judgeswho have received this award.”Scafiddi said notifying a judge of theirselection for the award is “by far the bestthing we get to do” as a bar president.“Every judge always acts the same- they’re overwhelmed with honor,”he said. “Judge Powers was literallyspeechless.”“The award is named after twowonderful leaders of our legalcommunity,” he added. “There’sa significance to that. It really is awonderful award to receive if you’re abench officer.”Past recipients include Judges MichaelDest in 2008; Brian McCarville, 2007; A.Rex Victor, 2006; Christopher Warner,2005; Bob Krug, 2004; Patrick Morris,2003; Michael Smith, Jules Fleuret andDennis Cole, 2002; LeRoy Simmons,Betty Richli and Joseph Johnston, 2001and Rufus Yent, Frederick Mandabachand John Ingro in 2000.Powers will receive her award at theKaufman-Campbell dinner May 28 atthe Hilton Hotel in San Bernardino.J’Amy Pacheco is Editor of the SanBernardino Bulletin, a MetropolitanNews publication.SBCBA Mentoring ProgramThe San Bernardino County BarAssociation’s Mentoring Programwas designed to allow new lawyersan opportunity to learn and utilizevaluable practice tips related to thepractice of a specific area of law fromseasoned, experienced local lawyers.The following lawyers have agreed tobe on the mentoring program:Bradley White (Employment Law)Eric R. Hunt(SSD Law)David Call (Criminal Defense)William D. Shapiro (Personal Injury)Nicole Anderson (Dep. Law 00 WIC)Michael A. Scafiddi (DUI/DMV H’rgs)Janet Stouder-Brandon (Family Law)Tom Dominick(Probate)Emile Mullick (Federal Civil Rights)John Belton(Bankruptcy)C L Farrell (Probate, E/P and Trusts)Greg Zumbrunn (Family Law, E/P)Help is now a phone call away. To learnmore about this new program, or addyour name to the list, please contact ourBar Association Staff at (909) 885-1986.

April 2009“The oldest continuously active bar association in California”11 ■ ■ ■ ■ ■■■■■■

12 San Bernardino County Bar Association April 2009

April 2009The office of the Federal Public Defender(FPD) has agreed to participate in amentoring program designed for EasternDivision attorneys who have little or noprior experience in defending federalcriminal cases. The program will provideattorneys interested in applying to theEastern Division Indigent Defense Panel theopportunity to work on cases with a seniorDeputy Federal Public Defender (DFPD)and receive training in all aspects of federalcriminal procedure.A. Training: Each attorney will attenda mandatory two-day training seminar at theFPD office in Los Angeles. This trainingwill include lectures on bail and detention,post-indictment arraignment, pre-trialdiscovery and motions, trial, post-trialissues, sentencing, and post-sentencingissues. The attorneys will receive MCLEcredit for attending the training seminar.B. Case Assignment: Each attorneywill be assigned to work on a case with asenior DFPD with approximately 15 yearsof experience. The senior DFPD will beappointed counsel and will serve as firstchair. The attorney will serve as secondchair but will not be appointed. All caseswill be assigned early on in the litigation,www.sbcba.orgFederal Public Defender’s Mentoring ProgramBy the Hon. Oswald Parada, U.S.Magistrate Judge, Central District of Californiamost likely soon after the indictment. Theattorneys will be assigned to cases in SantaAna or Los Angeles due to the limitednumber of DFPDs in Riverside.C. Responsibilities: Each attorneywill be expected to be present at all courtappearances and to participate fully assecond chair in all aspects of the case. Theallocation of responsibilities will depend onthe attorney’s level of experience. Eachattorney will have the opportunity to draftrelevant pleadings, interview potentialwitnesses under supervision, work withinvestigators and other support staff, meetwith the client, prepare jury instructions,prepare trial exhibit binders, participate inall aspects of a jury trial, prepare sentencingpleadings, and participate at the sentencinghearing. The attorneys are not expected tofollow the cases on appeal.D. Follow-Up Training: Each attorneywill be required to attend periodic trialskills workshops at the FPD office. Theseworkshops will be participatory and mayinclude attendance at court appearancesin other cases. The attorneys will receiveMCLE credit for their participation in theseworkshops. In addition, the FPD officewill sponsor specific workshops for panelattorneys on topics such as applicationsfor expert and other services, appropriatebilling practices (including preparation ofvouchers), ethical concerns in criminal cases(including joint defense agreements), clientrelations, and setting up a technologicallyand time-efficient office.E. Monitoring: Throughout the courseof the program, a supervising DFPD willbe available to address any questions orconcerns that may arise. Each attorney andDFPD will submit periodic written updateson the status of the program to the supervisingDFPD. A comprehensive review of both thecase status and the mentor program will beconducted periodically, which will consist ofwritten evaluations from each attorney andDFPD and a meeting with the supervisingDFPD. At the end of the case, final writtenevaluations will be submitted and a final casereview meeting with the supervising DFPDwill take place. All evaluation materials willthen be forwarded to FPD Sean Kennedy fora determination of the attorney’s eligibilityfor the Eastern Division Panel and arecommendation, which will be forwardedto the Criminal Justice Act Committee.F. Recruitment: Notice of the mentoringprogram will be made through the barassociations located in the Eastern Division.If you are interested in participatingin this program or would like additionalinformation, please contact Magistrate JudgeOswald Parada at (951) 328-4430.13I N T R O D U C I N GT h e $5 0 C o n s u l t a t i o nFor those times when you have questions about medical records(Medical Malpractice, Personal Injury, Criminal, Elder Abuse)but don’t need an in-depth consultation,just pick up the phone and call Legal Nurse Betty!The $50 Consult entitles the caller to a15 - 25 minute telephone conversation withLegal Nurse Betty.ð The $50 Consultation is being offered in response to requests from attorneys forcost-effective access to Certified Legal Nurse Consulting Services.ð To participate in the $50 Consultation the caller must be an attorney licensed to practicein California, or working for a licensed California attorney.ð There is no further obligation. Email questions also accepted.926-926-9590 • 951-551-4722LegalNurseBetty.com • LegalNurseBetty@roadrunner.com • Fax 951-926Legal Nurse Betty, Inc. is a Certified Legal Nurse Consulting Firm owned and operated by Betty A. Lyons, RN, WCC®, CLNC®

14 San Bernardino County Bar Association April 2009 ! " # $%& ' ( & ! ) ) &) &**+ # +,** - $&,** - $,** - .,** -/ 00 1 / / - 0 / 2 !!/ 3 !! " ! !! # !! ## !! ! # ! !$%% % & !!!$'*" + (2 () 4 / 4!! 0! 0!5 / 3 !!4/ ,*, *-!. /0/ * #/ 12223#! " + 42454+6-!+" +786 !#! #$%% # % ! / , 7) ! &.) &**+- +! 9: 7942454+6-! 9" +786828/4/4269; # 62 () 7 72 82 9 77 ! / # $%& ': ( & !) ) ) (*) &**+ # ;,(* - $&,** -/ 00 1 '!< !! < !=!> !/ 4!! 0! 0!5 / 3 !!4/ ,*< !=!> 62 (=/ 1222 ! " + ?+2283 42454+6-! +" +786 !#! #$%% # % ! / , 7) &.) &**+- +! +: 7942454+6-! 9" +786828/4/426*; #

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16 San Bernardino County Bar Association April 2009BULLETINof theSan Bernardino CountyBar Association“California’s Oldest Continuously ActiveBar Association”Organized December 11, 1875In Affiliation with theHigh Desert Bar Association2008-2009 Board of DirectorsOFFICERSMichael A. ScafiddiPresidentThomas W. DominickPresident-ElectJames B. HacklemanVice-PresidentJohn S. LowenthalSecretary-TreasurerWilliam D. ShapiroImmediate Past PresidentDIRECTORS-AT-LARGEKhymberli S. ApalooG. Christopher GardnerJennifer M. GuentherBarbara A. KeoughMatthew A. MarnellSandy TurnerBradley R. WhiteJohn R. ZitnyWorkers’ Compensation/Social Security Disability Issue?Maybe I can help!!I have over 30 years experience in representinginjured and disabled workers before the Workers’Compensation Appeals Board and Social SecurityAdministration. If you have clients who need helpwith Workers’ Compensation or Social Securityproblems, please have them call my office for a freeconsultation. I pay referral fees in accordance withState Bar Rule 2-200(A).Laurence R. LernerWORKERS’ COMPENSATION LAWCERTIFIED SPECIALIST and ARBITRATORSTATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATIONLERNER, MOORE, SILVA, CUNNINGHAM & RUBELPh: 909/ 889-1131 • Fax: 909/884-5326141 North Arrowhead Avenue, Suite 1San Bernardino, California 92408-1024www.injuryatwork.comExecutive DirectorClaire E. Furness“The mission of the San Bernardino County BarAssociation is to serve its members andthe community and improvethe system of justice.”555 North Arrowhead AvenueSan Bernardino, CA 92401-1201(909) 885-1986 Fax: (909) 889-0400E-mail: bulletin@sbcba.orgWeb: www.sbcba.orgThe Bulletin of the San Bernardino County BarAssociation is published 11 times a year. Our circulationis approximately 1,100, including: our bar membershipof 900, 95 state and federal judges, state &local barleaders, legislators, media, and businesses interested in theadvancement of our mission.Articles, advertisements and notices should be receivedby the bar office no later than the fifteenth of the monthprior to the month of publication. For current advertisingrates, please call the number listed above. Please direct allcorrespondence to the above address.