“Exec’s Dot …Dot …Dot” by Steve Henderson

I am attempting to assist Estate Planning and Probate lawyer Steven Feder. He has been appointed by the Ventura County Superior Court to represent the interests of the unknown heirs or beneficiaries of Theresa Lorraine Mason. He is trying to locate the attorney who may have prepared a will or trust for decedent Mason. He may be reached at 644-7111 or stevefeder@hotmail.com …A retired Pennsylvania judge was sentenced July 13 to as much as 23 and a half months behind bars for stealing cocaine from evidence from the courthouse in which he formerly worked.

But Paul Pozonsky probably will serve 30 days, followed by two years of probation, the Pittsburgh Post-Gazette reports. The former Washington County Common Pleas judge admitted stealing drug evidence kept in his chambers and pleaded guilty earlier this year to three misdemeanors. In exchange, the government dropped other charges and agreed not to seek prison time. Pozonsky was also stripped of his $98,000-a-year pension and lifetime medical benefits… Iceland? Kevin Staker at 482-2282 or  kgs@staker.com. Istanbul? David Shain at 659-6800 or dshain@fcoplaw.com

THIS is a neat story. I was discussing my disdain for all things Dodgers with Barrister board member Amy Kiesewetter. She casually mentions, “I threw out the first pitch at Chavez Ravine once.” I gasped. Sure enough, on July 31, 2007, she was one of three people to throw out the first pitch representing the City of Hope and Los Angeles Children’s Hospital during the first Think Cure campaign. Amy, a softball player, was proud she threw overhand to Nomar Garcia Parra. No bounce on the plate for that girl. Highlight of the day? Meeting Vin Scully. What a day!… An appeals court has agreed with an Ohio woman who said her parking citation should be tossed because the village law was missing a comma. Andrea Cammelleri says she shouldn’t have been issued a citation in 2014 based on the wording of the law enacted by the village of West Jefferson. The law lists several types of vehicles that can’t be parked longer than 24 hours, including a “motor vehicle camper,” with the comma missing between “vehicle” and “camper.” The village says the law’s meaning was clear in context, but Judge Robert Hendrickson of the 12th Ohio District Court of Appeals says that West Jefferson should amend the law…This is a long shot: Emeritus Attorney with our newly named Ventura County Legal Aid, Barbara Minkoff, has numerous older law books she is willing to donate. Maybe you know someone who may want these. She may be reached at 375-5737…

The Jerome H. Berenson Inn of Court convened the annual Masters Meeting July 13 inside the judges’ conference room located inside the Hall of Justice. Team #1 was selected to present on Sept. 10 at the Saticoy Country Club. The Masters for this team are Commissioner Michele Castillo and Wendy Lascher. Emeritus Master will be James Armstrong. Want to be part of the 2015-2016 Inn? Contact the Hon. Tari Cody, President. tari.cody@ventura.courts.ca.gov… Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez are pleased to welcome new partner, Daniel Higson, who brings his specialty in bankruptcy law. Dan has been practicing in Ventura County for 38 years and began his new chapter June 15…From the bar’s Secretary- Treasurer, Erik Feingold, some inside scoop related to the art of duelling, as it appeared in a Letter to the Editor: In your review of duelling in literature (“Men atArms”, June 13) you mention the efforts of Louis XIV to outlaw the practice. It was  also a problem in early 19th century Kentucky. So many men of importance were getting killed in duels that the Commonwealth came up with a solution. The US Constitution of 1850 required all lawyers and state officers to swear, after the usual pledge, that they “have not fought a duel with deadly weapons, within this state, nor out of it, nor have sent or accepted a challenge to fight duel with deadly weapons…” This oath must be taken even today…Justice Steven Perren presents a CLE for the Barristers, “Basics of Appellate Practice,” Aug. 5 at the Court of Appeal. Contact Nadia at the bar, 650-7599 or bar@vcba.org …

The Mexican American Bar Association meets at noon on Aug. 7, inside the Tower Club, and the Women Lawyers of Ventura County meets the following Friday, Aug. 14, at Ottavios… Steve Henderson has been the Chief Executive Officer of the bar association and its affiliated organizations since November 1990. He is chairing the local Trump for President Campaign. Sandy Koufax wants you all to know that the 13th is National Left Handers’ Day. Additionally, Empty Nest Day for Steve begins the 17th. He maybe reached at steve@vcba.org, FB, Twitter at stevehendo1, LinkedIn, Instagram at steve_hendo or better yet, 650-7599.

August 2015 Classifieds

HELP WANTED

Oxnard law firm seeking an experienced estate planning attorney as Of Counsel to the firm to assist in the handling of its estate planning practice, including drafting instruments, trust funding, trust administration and probate. Contact Roy Schneider at rschneider@rstlegal.com.

 Westlake Village law firm seeking secretary or administrative assistant on P/T or F/T basis. Experience with Windows, Microsoft Outlook, WordPerfect, Word and Excel. Experience with Timeslips and LegalSolutions a plus. Email résumé in confidence to sam@silverandarsht.com.

 OFFICE SPACE

Offices with spectacular views for rent in professional law office. Amenities include conference room, kitchen, copier, storage and internet service. Secretarial space is also available if needed. Inquiries: jjeffreyherman@hotmail.com.

 SERVICES OFFERED

Experienced contract attorney accepting new clients and projects. Licensed in Nevada, new to Ventura County. 20+ years providing legal research, writing, and litigation support services for solo practitioners and small firms

in numerous states, including California. Efficient, enthusiastic, diligent, dependable. Reasonable rates. Stellar references. OutsourceJD@gmail.com.

 

“MEET GENALIN RILEY, DEPT. 22B” by Kathleen J. Smith

If you feel faint of heart the next time you are in court, you would be well advised to appear in Department 22B before CaseManagement Attorney Genalin Riley, B.S.N., J.D. Ms. Riley is the new case management attorney convening Case Management Conferences and OSCs re Sanctions every Monday, Wednesday and Friday since April. Riley is a former cardiology nurse who cared for many heart surgery and transplant patients in New Jersey and was a registry nurse in Los Angeles during UCLA law school.

Rest assured, this Pro Tem knows how the attorneys in her courtroom feel. Riley spent several years in private practice after UCLA Law, handling civil litigation, class actions and tax appeals. She then was appointed a law clerk for the Los Angeles Municipal Court. Shortly thereafter, the courts were unified, and she was named a superior court judicial law clerk. Riley worked at the downtown L.A. Hill Street courthouse and then at the Chatsworth court. She also worked for the State Bar Court for two years, before coming to the Ventura County Superior Court in 2015.

Since starting in Department 22B, Riley has found that the attorneys in her courtroom work well with each other and are very cordial with each other. She will continue to follow the 22B traditions of calling the calendar in the order in which attorneys check in and taking cases with in-person appearances ahead of cases where all attorneys are on Court Call. So it’s first come, first served, with in-person appearances given priority.

Riley is aware that the order of the calendar can seem like a mystery to counsel who do not know which attorneys checked in first, and especially to Court Call attorneys who do not have access to the calendar at all. The calendar is organized by the judicial assistant right up until the time Riley takes the bench for CMCs, and the judge calls the cases in that order.

Riley will also continue the 22B practice of following the Standards for Judicial Administration on completion of lawsuits, striving to assign prompt trial dates when possible. While Riley is not inflexible and recognizes the inefficiency of clogging the courts with motions to continue trial, she says that having milestones enforced by the court “encourages parties to really pay attention to their cases.” Riley foresees that Department 22B hearings will help parties focus on what it takes to complete their cases.

Working only three days per week means that Riley needs to have CMC statements and declarations in response to OSCs filed promptly by the deadlines, whether it is fifteen days for CMC statements or five days for OSCs. If these pleadings are timely filed, their contents can be considered in time for the CMC or OSC. Riley will post Tentative Rulings if the CMC or OSC will be continued, which will usually be because the summons has not yet been served or the case is not yet at issue. Tentative Rulings will usually be available two days prior to the CMC or OSC.

Riley is empathetic to the kind of circumstances that need to be explained in OSC responsive declarations or in CMC statements. Tentative rulings will generally not limit the topics for the hearing, and as long as the attorney Wi thE actual responsibility for trial is familiar with the case and has met and conferred with opposing counsel, the hearing will be able to cover all required topics smoothly and efficiently.

Riley is a soccer mom to two boys, and she drives them all over Ventura County for games. While there will be no penalty red cards issued during CMCs or OSCs Ms. Riley hopes that attorneys will always treat courtroom staff with respect and kindness. This is not an impossible goal in VC, where nice behavior from litigators is not unheard

Kathleen Smith is a civil litigator with Schneiders & Associates, L.L.P. and serves as President of Women Lawyers of Ventura County and on the Citations editorial board.

BARRISTERS’ CORNER by Joshua Hopstone

Summer is in full swing and packed with great Barristers events. Our 8th Annual Bowling Night benefitting Make a Wish–Tri-Counties, held July 16, was a great success. Our heartfelt thanks go out to all of the event’s generous sponsors, including Engle Carobini & Coats; Light Gabler; Slaughter Reagan & Cole; Myers Widders Gibson Jones & Feingold; Ferguson Case Orr Paterson; and California Young Lawyers Association.

Aug. 5 is the third and final installment of our inaugural Barristers-Judges MCLE series, featuring Justice Steven Z. Perren of the Court of Appeal for the Second District, Division Six. Always an engaging speaker, Justice Perren will provide invaluable insight into appellate practice basics, as well as guidance to trial lawyers on the importance of laying a proper foundation in the record. The program is a “brown bag” lunch event and MCLE credit will be provided. It will be held at the Court of Appeal, 200 E Santa Clara St in Ventura, and it costs $15 for Barristers, $25 for others, free for law students. RSVP directly to Nadia at the VCBA, bar@ vcba.org. This is an event that is open to everyone, and one you do not want to miss.

Don’t forget to mark your calendars for the Barristers’ Annual Wine and CheeseMixer, which will be held Aug. 20 at 5:30 p.m. at the offices of Ferguson Case Orr Paterson LLP, 1050 South Kimball Road in Ventura on the back courtyard. This event was founded to promote the VCBA Mentor Program, which pairs Barristers with experienced attorneys in the community who practice in similar fields. It is completely free to attend, and open to everyone, so come and network with your fellow attorneys and judicial officers while enjoying the delicious refreshments generously provided by Anacapa Brewing Company and Paradise Pantry.

If you are age 35 or younger or in practice seven years or less, you are a Barrister! If you would like to become more involved or are considering joining our board, please email us at vcba.barristers@gmail.com for more information. Our next board meeting is Aug. 4 at 12:00 p.m. at the VCBA office. Stay cool and enjoy your summer at these great events.

Joshua Hopstone is an associate at the Westlake Village office of Ferguson Case Orr Paterson, LLC. He is on the Barristers Board of Directors.

“THE STATE BAR ISSUES WELCOME ESI/E-DISCOVERY GUIDELINES” by Greg Herring

Electronically stored information (“ESI”) is information that is stored in technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Electronic discovery, or e-discovery, is the use of legal means to obtain ESI in the course of litigation for evidentiary purposes. Together, they present interesting and important considerations and challenges that overlay family law as well as traditional civil litigation.

Until now, California lawyers have had little ESI/e-discovery guidance at the state level. Ideas and legal opinions have issued from other states and from federal law, but none had considered California’s particular ethical rules and standards. Thankfully, the State Bar of California’s Standing Committee on Professional Responsibility and Conduct (“COPRAC”) has now done this. In early July it issued Formal Opinion No 2015-193.

The Opinion points out that electronic document creation and/or storage, and electronic communications have become commonplace in modern life. It acknowledges that discovery of ESI is now a frequent part of almost any litigated matter. It emphasizes that attorneys who handle litigation may not ignore the requirements and obligations of electronic discovery.

While not every litigated case involves e-discovery, in today’s technological world almost every litigated case potentially does. “The chances are significant that a party or a witness has used email or other electronic communication, stores information digitally, and/or has other forms of ESI related to the dispute.”

Under the Opinion, attorneys handling e-discovery should be able to perform (either by themselves or in association with competent co-counsel or expert consultants) the following:

  • Initially assess e-discovery needs and issues, if any;
  • Implement or cause to implement appropriate ESI preservation procedures;
  • Analyze and understand a client’s ESI systems and storage;
  • Advise the client on available options for collection and preservation of ESI;
  • Identify custodians of potentially relevant ESI;
  • Engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan;
  • Perform data searches;
  • Collect responsive ESI in a manner that preserves the integrity of that ESI; and
  • Produce responsive non-privileged ESI in a recognized and appropriate manner.

Practitioners will have to proactively recognize and inform clients of the risks and responsibilities, and in a systematic and realistic manner. See Metro Opera Ass’n. v. Local 100, Hotel Employees and Restaurant Employees Int’l Union (SDNY 2003) 212 FRD 178, 222, regarding an attorney’s affirmative duty to explain discovery obligations to a client; and see Green v. McClendon (SDNY 2009) 262 FRD 284, regarding the duty to advise a client of the type of information relevant to the suit and the necessity of preventing its destruction. It is insufficient to “wait and see” if an opponent might press for e-discovery late in a case. What if its pertinent ESI has,in the interim, been compromised by neglect? Under the Opinion, the answer is that counsel failed his ethical duties and can expect multi-level exposure. See also Zubulake v. UBS Warberg LLC (SDNY 2004) 229 FRD 435.

Commonly heard pushback includes complaints that many clients cannot financially afford substantial ESI attention and that attorneys want to practice law, not computer forensics.  But properly handling these issues and tasks need not cause heartburn. Rather, apractical and economical standard lan can easily include:

  •  Screening each incoming new case for ESI/e-discovery issues and tasks as part of the regular intake process – just add a new line to the usual intake checklist;
  •  Warning new clients through standard letters of the importance of ESI in the modern litigation environment and the need to preserve all hardware (smart phones, computers and other devices) and data while in litigation.
  •  Assessing clients’ personal and business ESI storage systems. This can be as simple as learning whether an individual stores her personal data in a popular telecommunications cloud (iCloud, etc.) or more complex, in the case of a businessperson, for instance.

In the latter cases, a computer forensics professional can be retained to perform a basic audit, from which furtherassessments and planning can spring. At our firm, we regularly retain a local forensic who provides clients with nocharge initial audits, which we then use to budget and plan in concert with the client.

  • Sending “ESI hold” letters to opposing counsel and then monitoring when it looks like ESI might be an issue. See Zubulake, supra.

If e-discovery is sought, then the opponent can be asked for an outline of its ESI custodians and systems. If that information is withheld, well-targeted “person(s) most knowledgeable” depositions and motions to compel can be initiated. Once these basics are known, e-discovery can follow. As the Opinion points out, Code of Civil Procedure section 2031.010(a) provides for “copying, testing, or sampling” of “electronically stored information in the possession, custody, or control of any other party to the action.”

When ESI is received, it can be searched economically through certain proprietary systems. Rather than sifting through figurative boxes of documents, counsel canefficiently upload and search the data, using keywords, for desired nuggets. This can be done in-house or by retained computer forensics.

If e-discovery is requested against a client, then have her assess and search her systems (maybe just a smartphone and a home computer, with cloud or hard-drive backup) in a simple case. In a more complex one, the above audit process with a computer expert is the way to go. Identify and protect confidential information, like business records, through pre-screening, protective orders and other steps where warranted. Negligence or lack of basic knowledge regarding ESI and e-discovery requirements constitutes professional incompetence. (Zubulake, supra.) Formal Opinion No 2015-193 presents a roadmap toward understanding and negotiating this new world.

Greg Herring is a State Bar Certified Specialist in family law and is the principal of Herring Law Group. He is a past president of the Southern California Chapter of the American Academy of Matrimonial Lawyers and is a Fellow of the International Academy of Matrimonial Lawyers. His prior articles and ongoing blog entries are at www.theherringlawgroup.com.

“State of Our Court” By by Judge Donald Coleman

June gloom hung over the sky of Ventura’s Kimball Park on the morning of June 27. But electricity filled the air as participants lined up to begin the Bar’s Annual 5k run. Also in the air was a good size drone that I was told would take pictures of the racers and electronically send them to the Bar’s office. It was quite a sight as I pondered the future Fourth Amendment and privacy lawsuits that modern technology would bring. Excited in the role as the “Official Starter” for the race, I arrived early and spoke to many of the runners or walkers. Having recently become Medicare eligible, I exercised my judicial discretion to not run.As I have always said, judicial discretion is a healthy thing. While at the 5k, I ran into Wendy Lascher, who, with charm and grace, reminded me that I had promised to write an article about the state of our court. And now, if you are still reading, I fulfill my promise.

Due largely to the economy, our two co-equal branches of government have substantially reduced the court’s budget over the past several years. Recently, thanks to an improving economy, our two coequal branches of government have begun to rectify the situation. Thus, during the last two budget cycles, the court has seen a marginally improved budget impact, and this year we can say goodbye, hopefully forever, to mandatory furloughs of our employees.

In terms of our judicial officers, we are currently fully staffed. At present, we have 29 judicial positions and four commissioners. Of course, that does not take into account numerous workload indicators which, if followed, would  result in about seven more judicial positions.

In regards to our judicial positions, we will suffer a vacancy in November. At that time, we lose the services of Judge Rebecca Riley as she retires to spend more time with her husband, retired Judge Ken Riley. We will clearly miss the steadiness she has brought to our bench for so many years and hope she makes herself available for future use in the Assigned Judges Program. I have no doubt we can find some work for her.

Judicial Assignments

Perhaps the most significant, and clearly the most challenging, role of the presiding judge is to make judicial assignments. In so doing, I have tried to match skill sets and provide a means for enhanced judicial flexibility and education, all while trying to efficiently manage case flow throughout our various departments. In this vein, it is also the responsibility of the presiding judge to name a supervising judge for each department. Currently the court has five departments. The civil department has eight judges:

 Courtroom              Judge

20           Judge Rocky Baio

            21              Judge Kent M. Kellegrew

                22           Judge Frederick H. Bysshe

        40         Judge Rebecca S. Riley

 41       Judge Vincent J. O’Neill

42         Judge Henry J. Walsh

43         Judge Kevin G. DeNoce

J6        Judge Glen M. Reiser – Probate

Each court is required to have at least one CEQA certified judge. Currently Judge Reiser is our CEQA specialist, but I have asked Judge DeNoce to become CEQA trained as well. The supervising judge for the civil department is Judge Kellegrew. Our family law department is made up of five judicial officers, three judges and two commissioners. The family law supervising judge is Judge William Q. Liebmann.  Family law assignments and courtrooms are:

Courtroom            Judge

31         Judge John R. Smiley

30        Judge Manuel J. Covarrubias

33       Judge William Q. Liebmann

34       Comm. Michele M. Castillo

35      Comm. JoAnn Johnson

Our smallest but perhaps most important department is juvenile, headed up by supervising Judge Kevin J. McGee in Courtroom J-3. It is also the current assignment of Judge Brian J. Back in Courtroom J-4, and Judge Tari L. Cody, in Courtroom J-1. Judge Cody does primarily juvenile dependency matters and Judges Back and McGee do primarily juvenile delinquency matters. I do endeavor to have them all cross-trained so they can handle any juvenile calendar or case. The criminal department makes up our largest division. Headed up by supervising criminal Judge Jeffrey G. Bennett, it also contains our outstanding assistant presiding Judge Patricia M. Murphy, and is staffed by fifteen judges and two commissioners. Assignments and courtrooms are as follows:

 Courtroom             Judge

10            Judge Michael S. Lief

11             Judge Roger L. Lund

12            Judge David M. Hirsch

13           Judge Jeffrey G. Bennett

14           Judge Patricia M. Murphy

23          Comm. William R. Redmond

(Unlawful Detainers, Small Claims, Criminal)

24       Judge Nancy L. Ayers

25      Judge Gilbert A. Romero

26       Judge Bruce A. Young

27      Judge Ryan J. Wright

36      Judge Donald D. Coleman

37      Judge Colleen Toy White

45      Judge Mark S. Borrell

46      Judge Matthew P. Guasco

47      Judge David R. Worley

48      Judge Dino Inumerable

J5/S1 Comm. Anthony J. Sabo

(Small Claims, Traffic Trials)

We are also blessed in criminal to have the services of Judge Charles W. Campbell sitting on assignment in Courtroom 44. Although he is retired, he is one of our hardest working judges.

Our final department is the appellate department. Nominated by me as the presiding judge, the members of the appellate department are actually appointed by the Chief Justice of California for a oneyear term beginning on July 1 of each year.  The appellate department truly is independent and hears misdemeanor, traffic and small claims appeals. Made up of four judges to avoid conflicts, the presiding judge is Judge Matthew P. Guasco. Also on the panel are Judges Borrell, Bysshe and Baio. No additional pay is given for this assignment and the time allotted can be demanding, but every judge should have the experience at least once during their career.

In terms of the future, the court always keeps a close eye on the one thing we can’t control, case filings. In the civil arena, filings have shown a marginal decrease over the last three years. In family law, they have remained rather constant. And in juvenile court, dependency filings have shown a slight up-tick.

In the criminal arena, recent legislative changes and voter-approved initiatives have had a major impact. Already about 10,000 petitions have been filed to effectuate the intent of the Safe Neighborhoods and School Act passed by California voters in November 2014 (Prop. 47). Since its passage, misdemeanor filings by the district attorney have soared, and while felony filings have decreased somewhat, they do not come close to offsetting the misdemeanor increases. We continue to monitor these situations to ascertain whether they are temporary or more permanent. In the meantime, we continue to look for ways to more efficiently deal with these cases through filing to disposition and beyond. In closing, I want to express, on behalf of all our judges, our sincere thanks for all the volunteer hours and time you devote to helping us do our jobs. Without that help, we simply could not get it done. We really do appreciate it.

Back to the 5k… Prior to the race, I had a conversation with Adam Pearlman. He told me his only goal in the race was to beat Ron Bamieh, and I told him I had no doubt he would be successful. I can now report that he not only beat him, it was not even close. If you don’t believe me, consult the drone!

PRESIDENT’S COLUMN: “SAIL ON, SAIL ON SAILOR” By William M. Grewe

It’s summer. How about a story in place of the usual? I’ll keep it short. Just something about perhaps the greatest male Olympian. A name you don’t recognize. Winner of no gold medals, appeared in only one Games. The statue commissioned by the State of California commemorating his medal ceremony intentionally left him off. Even so…even so.

October 1968. Six months after Martin Luther King was assassinated and three weeks before 9.9 million presidential ballots would be cast for an avowed segregationist, San Jose State University students Tommie Smith and John Carlos, the premier sprinters in the world, raised gloved fists skyward as our national anthem played. They directed their gazes down on the medal podium which they shared with an apparently unaware white man standing to the front. Far from it.

Australian silver medalist Peter Norman spoke with Smith and Carlos shortly before the awards ceremony. They explained their planned protest. Norman likened their cause to that of the Aborigines in his home country and said, “I’ll stand with you.” On the walk to the medal stand, Norman asked an American if he could borrow his “Olympic Project for Human Rights” pin, as Smith and Carlos were each wearing one. Norman suggested to the runners that as they had only one pair of gloves, they share it. They did, explaining why they raised opposite hands.

It was painful for Americans to watch the protest in what was to be a celebration of national pride, but there it was. On the medal podium, Smith and Carlos knew the cameras could not avert, and had contemplated the consequences they would face. Norman had not. It made no difference.

Smith and Carlos would be outcasts of a sort for many years, but that was expected. I spotted Carlos in about 1980 or 1981 at an indoor track meet in Los Angeles. He was talking that night on and off to an older black man with whom, by their relaxed nature, he seemed to share a kinship. It was Mack Robinson, 200m silver medalist – second to Jesse Owens – in the 1936 Berlin Games. Brother of Jackie, Olympic teammate of Ray Metcalfe who founded the Congressional Black Caucus. Metcalfe had passed away earlier in the week of Carlos’ 1968 medal race.

There had been no jobs for Owens, Robinson and Metcalfe. All black. Owens, the fastest human in his time, would race a horse for cash and ultimately declare bankruptcy. Robinson would find work as a janitor. These 1936 printers knew exactly what Carlos and Smith were silently talking about at the time of their protest in 1968.

And the white guy on that medal podium? The Aussie. Norman. What became of him? He was ostracized by the Australian government, the Aussie press, and his country’s Olympic establishment. Yet, he said nothing. If he had just said something like “I apologize if I offended anyone,” or “I got caught up in the moment,” all the glory and riches bestowed upon a nation’s fastest man would have been his, and the guns of criticism could have been reloaded toward Smith and Carlos for ruining the Olympic moment of the innocent Norman. Just mumble it, even halfheartedly, and fame’s gates would open. But Norman made no such contrition. He just kept running toward the 1972 Games, where he could do his speaking on the track.

Peter Norman loved to run. He had skipped school as a child with a dream, to see the home 1952 Melbourne Games. While training to be a butcher, he continued to find time to race. He would make it across the sea to Mexico in 1968, avirtual unknown, where he would settle in the blocks astride the bright lights of Smith and Carlos, who were seen by track fans as separate and above. The 200m final was Norman’s moment in time. He peaked for it, splitting the world record performance of Smith and the effort of Carlos, who just days before had surpassed the world record, although the performance was disallowed when Carlos’ spikes did not conform to the rules. Back home, Norman’s silver medal race mattered not unless he bowed toward the powers in place. Or just offered a nod? Anything? He did no such thing. Silently, Norman just kept running.

Norman met the qualifying times for the 1972 Games in both the 100m and 200m more than five times. The standards were out of the hands of the Australian governing bodies. But as the year unwound, Norman was told that for the first time in the modern games era, Australia had decided not to send male sprinters to the Munich Olympics. Norman was left off the team. The Olympic window for a sprinter is narrow, and Norman’s was closing as he watched from afar  Twenty-eight years later, the 2000 Olympics were held in Sydney, Australia. Aussie Peter Norman was still his country’s record holder in the 200m. Even so, he was excluded from all ceremonies. There was no place for him. The American team stepped forward, and he attended his home Olympics as our guest. More years would pass. Norman was in need of money, which would come his way if he stepped within the tent of the powers. He did not seek it.

Peter Norman passed away in 2006, having never backed away from Smith and Carlos, having never protested his treatment. Smith and Carlos would travel halfway around the world to hoist the coffin of a true friend and help carry Peter Norman to his final resting place.

Like a pebble in its shoe, the Australian Parliament finally gave attention to its own in 2012, apologizing on the record to Norman and noting the “bravery of Peter Norman in donning an Olympic Project for Human Rights badge on the podium, in solidarity with African-American athletes Tommie Smith and John Carlos who gave the ‘Black Power’ salute.”

The 1968 Olympic 200m final itself is lost in all that followed. Smith and Carlos were oh so fast, as was Norman, and his pursuit of a medal down the straight sparkles this many years later. Even now, Smith’s 1968 gold medal time would place him second in the 2015 men’s NCAA 200m final.

These days, Smith and Carlos are sought-after speakers. I heard Carlos in a Dec. 2014 CNN interview commenting about the deaths of black men when encountering police.

Today, July 2015, the great book of records shows that the Australian men’s all-time 200m record is held by a butcher’s apprentice, Peter George Norman, set October 16, 1968 in Mexico City. 20.6 seconds.

Well done, mate.

August 2015 Classifieds

OFFICE SPACE AVAILABLE

Westlake Village Professional Office Available – Turnkey single office space sublet available fully furnished in a complex with tranquil water features. Suite to be shared with a family law firm. Six month to one year commitment preferred. Monthly rent is $750. This is a two-story suite so you and your clients should be OK with stairs. For more information or if you would like to view the office space please contact Lisa Zonder at 805-777-7740 or lisa@zonderfamilylaw.com.

“Exec’s Dot …Dot …Dot” by Steve Henderson

Courtney Paulk doesn’t just swim with sharks in the courtroom – she’s in the water with them, too. An open-water marathon swimmer, Paulk earned the sport’s Triple Crown in 2013 by traversing the English Channel, the Catalina Channel and the perimeter of Manhattan Island. Last year, she became only one of seven people in the world to have crossed the shark infested waters of Cape Cod Bay, completing the swim in a record-setting 9 hours and 43 minutes. No wetsuit, no breaks and no respite from the busy construction law practice she maintains as chair of the litigation section of Hirschler Fleischer in Richmond, Virginia…Email Address of the Month: attorneybythesea@gmail.com hosted by Vivian Christiansen. Website of the Month: www.attorneybythesea. com also hosted by Vivian…

The Ventura County Criminal Defense Bar held their annual awards dinner June 5 honoring Joseph Villasana, Paul Drevenstedt, Andre Nintcheff and Damon Jenkins. The Lifetime Achievement Award was bestowed upon Mr. Villasana, the Richard Irwin Award to Mr. Drevenstedt, the Joyce Yoshioka Award to Ms. Nintcheff and the Supriya Bhat Award to Mr. Jenkins… Late June there was a little fisticuffs over a Yale law student who wore a t-shirt reading “F**k Forever” while at the Yale Club of New York. An older member of the club, who exchanged words with this student  in the locker room over the shirt, wrote a letter of  complaint about “this sad decline in the atmosphere and spirit of the club.” In response, the student wrote, “I’d like to point out that my interloper, a refined looking gentleman in his mid to upper 60s, conveniently omits from his letter the fact that he himself walked out of the locker room in a fit of indignation wearing a form-fitting bike shorts with a colorful image of Calvin sledding down a hill with Hobbes emblazoned across both of his butt cheeks.”…

The Military and Veterans Free Legal Clinic (VC MiLC) serving active duty, National Guard, Reserves, veterans and retirees, is seeking volunteers for the efforts with clinics held from 1:00 p.m. to 4:00 p.m. at National University, 1000 Town Center Drive, Suite 502, in Oxnard. They will be conducting clinics Aug. 7, Oct. 2, Nov. 6 and Dec. 4. They need all specialties, so give a shout-out to this fine group serving an underserved population. I can send you an application or go to www.Military411.org or 983.4850… In the new issue of Super Lawyers out June 16, Jesse Cahill, his brother Andrew and his sister-in-law are all recognized as Rising Stars. Pretty unique family deal, and kool… Enrique Schaerer, of Ferguson Case et. al., has relocated out-ofstate to the Reno/Tahoe area and may now be reached at Enrique. schaerer@gmail.com or 702.274.5501…Interesting findings in an April 30 correspondence from the State Bar to Honorable Tani Cantil-Sakauye and the Honorable Jerry Brown on the Annual Discipline Report. Some highlights, or lowlights – There were 171 attorneys disbarred in 2014, 263 suspended. The Supreme Court disposed of 1,536 disciplinary cases. The Intake Unit evaluated 15,497 cases.

You seasoned legal veterans will recall Sergeant Phil Esterhaus of Hill Street Blues fame would state weekly,“Be careful out there.”…

Quote of the Month: “Sometimes it’s not over when it’s over.” Presiding Justice Arthur Gilbert, ruling in McReady v. Whorf (2015) 235 Cal.App.4th 478 that a lien entitling the plaintiff to a business’s assets and profits was enforceable, even after the business had been through bankruptcy …Keep in mind that July 6 begins Nude Recreation Week; July 14 is Bastille Day and our Editor, Wendy Lascher’s birthday; that Elvis Presley’s first single was released July 19 (That’s Alright Mama) and July 30 is National Chili Dog Day…

Steve Henderson has been the executive director and chief executive officer of the bar association and its affiliated organizations since November 1990. He will be interning with Brian Williams at MSNBC and babysitting for Steph Curry. He has formed an exploratory committee to determine whether he would be a suitable GOP candidate for President. To all those who owe for his Warriors selection, just send the beer to his office. Henderson may be reached at steve@vcba.org, FB, Twitter @ stevehendo1, Instagram, LinkedIn or better yet, 650.7599.

July 2015 Classifieds

HELP WANTED

Westlake Village law firm seeking secretary or administrative assistant on P/T or F/T basis. Experience with Windows, Microsoft Outlook, WordPerfect, Word and Excel. Experience with Timeslips and LegalSolutions a plus. Email résumé in confidence to sanda@silverandarsht.com.

OFFICE SPACE

 Office with view available in attorney suite at Oxnard Financial Tower. Includes use of conference room and kitchen facilities. Contact jjeffreyherman@hotmail.com. Professional Office for Rent – Furnished window office and reception located in 1000 square foot office space with utilities, internet access, janitorial services and parking provided. Ideal location for attorney and legal services located just a short walk from the County Government Center in a desirable professional office building. For additional information contact Mark Shappee at 805-258-7292 or mark@venturemanagement.com.

SERVICES OFFERED

Soon-to-be certified paralegal through UCSB Extension, Ventura Campus. Fifteen years of administrative experience and five years of legal administrative and office administration at a large law firm. Seeking employment that will enhance the acquired administrative legal and leadership skills. I have an adaptable attitude and work as a real team player. I endeavor to deliver high quality work on time. Contact Leanne A. Santellan leannesantellan@hotmail.com or (661) 337-8012.