April 2009 - San Bernardino County Bar Association

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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.
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April 2009 - San Bernardino County Bar Association

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