On March 7, Ventura attorney Kim Shean was awarded the prestigious 2012 Community Service Award by the Ventura County Probation Agency. Speaking to a standing-room-only crowd at the Ventura
County Board of Supervisors chambers, Shean stressed the importance of the collaborative needs of social justice and the juvenile justice system. “We must remember to value that when the juveniles enter our court systems the social factors influencing them are profound to their future.”

Shean was honored for her volunteer work at Santa Clara Valley Legal Aid’s space in the small Sheriff ’s department storefront located in North Fillmore. There, she helps women, children, and families understand
the complex legal system they encounter. Shean’s experience with youth sex offenders, addicts and the mentally ill population have enabled Santa Clara Valley Legal Aid to provide counsel to at-risk youth and their families, an area unfamiliar to many other civil attorneys in our area.

Continue reading: May issue of CITATIONS

My first judicial assignment was civil litigation, and with the exception of a two-year assignment in family law, I have been there ever since. What I offer as a judge is wide experience in all facets of civil litigation. I have had negligence cases of all variety (motor vehicle, malpractice, premises liability, and product liability). I have also had cases involving business, commercial, real estate, condemnation and inverse condemnation, and just about everything else in the civil department. These cases have ranged from the mundane to the very complicated. I have also heard a wide variety of writ applications seeking review of decisions of administrative bodies such as city councils, retirement boards, and other public agencies. I have had election disputes presented to me as well as election issues involving ballot propositions and ballot language. Through all of this, my affirmance rate at the Court of Appeal has remained high.

My family law assignment involved the usual issues of the division of property, support and custody of children. These can be very difficult decisions to make, and I made them as I thought was appropriate. My experience has also included periodic preliminary hearings and criminal trials when that has been necessary.

I have always made an effort to treat attorneys, witnesses and jurors with courtesy and respect, and will continue to do so.

In evaluating the candidates in this election, the voter focus should be on experience, and experience in the courtroom. There is no formal apprentice program for a judge once he or she gets to the court. The apprentice program is what you have done before you get to the court. I had broad trial experience before I got the court, and have had 14 years to improve my skills and become an experienced judicial officer. In evaluating the candidates in this election, a voter should be asking “Who do I want to be my judge? Someone who has been doing it for 14 years, or someone who has no demonstrated experience in the courtroom?”

Any suggestion that the Ventura Court is lagging behind in technology, or that cases are subject to unwarranted delays is just plain wrong. We are set to go with e-filing, but the current state government budget problems have required that those plans be put on hold. The court is in full compliance with Fast Track rules, and the primary reason that cases are continued is that the attorneys have requested those continuances to complete their discovery, and get their cases ready for trial.

Off the bench, I have served as chair of the jury/grand jury committee. I have been a volunteer judge in the Mock Trial program for the last 16 years. Being a judicial officer has been the absolute best job I have ever had. With the help of the voters in the County, I look forward to continue doing just that.

Running in a contested election is stressful and expensive. I am deeply appreciative of, and humbled by, the endorsements I have received from all of the judges and justices in Ventura County, many retired bench officers, our district attorney, our sheriff, 35 former Ventura County Bar Association Presidents, 26 former Ventura County Trial Lawyer Association Presidents and more than 360 lawyers, along with many public officials and private citizens.

For those that do not know me, my background is diverse. I am an attorney just like most of you, and I have been practicing for more than ten years. I served as an executive for a technology company. I worked for one of the largest law firms in the United States. I currently work for a law firm in Westlake Village, as well as serve as an adjunct lecturer at California Lutheran University in Thousand Oaks (where I have taught courses since 2004). I regularly teach classes to undergraduate and graduate students at CLU (right now I am teaching Law & Society and Environmental Law & Policy). I have also taught courses in Constitutional Law, as well as Law & Public Policy.

I pride myself in being a modern attorney, using my technology background to implement innovative solutions to matters involving document and case management. I am a proponent of going paperless in the courts. I understand how electronic document filing should work and be implemented in the court system, and I know how to utilize technology to handle an increasing caseload in a more efficient and cost effective manner.

Now is the time to elect a judge who can help move the courts into the future. To do this, the judge of the future needs to not only understand evidentiary issues, law and motion, and litigation, but that judge also must be willing to embrace technology, to accomplish more with a tighter budget, and to be able to converse with the new generation of attorneys who expect their judges to understand the intricacies of electronic discovery and how businesses work in the technology age. We need judges that can help move cases through the court system in a more expeditious manner, without compromising the legal attention that must be given to each case. We need judges who can relate to where the practice of law is today and where it is going, and who have a clear vision on how a courtroom needs to be managed – not just today but also for the next six years.

I am the only candidate in this election who can accomplish this. I will help lead the courts into the future. And, I will bring my enthusiasm, my experience, and my passion for the law with me to serve this county and to usher new life into the court system. To learn more about me and my campaign, please visit www.bjelke4judge.com.

Fillmore HS students want to start up a Mock Trial Program this coming year with the approval and support of Principal John Wilbur. There is a parent committed to help in every way possible but they are unable to find an attorney coach. So here’s what you can do: volunteer yourself, or find someone you know willing to take this on. Great opportunity! Call Vickie Brown at the County Office of Education, 437.1502 or vbrown@vcoe.org… A woman who called a radio station to brag about a ploy to avoid jury duty by feigning mental instability is now facing felony charges. Susan Cole was accused of perjury and attempting to influence a public servant after a Denver judge who excused her from jury duty heard her on-air claim. Cole, who identified herself as “Char from Denver” in a call to KOA, said she arrived for jury duty last June wearing mismatched shoes, reindeer socks, rollers in her hair and a shirt that said, “Ask me about my best seller.” According to the arrest affidavit, Cole responded when the judge asked if anyone had any mental disabilities. She said she “broke out of domestic violence in the military,” and she previously lived on the street…Maui? Kendall VanConas at 988.9886 or kvanconas@atozlaw.com… Costa rica? David Shain at 659.6800 or dshain@fcop.com…

It comes as no surprise that Charles Manson skipped his 12th parole hearing at Corcoran State Prison. Manson, now a gray-bearded 77-year-old won’t be eligible again for another 15 years, meaning this could have been the last hearing. The surprise? His lawyer is DeJon Lewis from Ventura. Mr. Lewis stated that when he went to Corcoran for a pre-hearing interview, Manson declined to meet…A bill pending in Nebraska would make the state the second to give estate representatives the power to handle social media accounts after the death of state residents. The bill would treat Facebook, Twitter and email accounts as digital assets that would be managed by appointed representatives according to the Omaha World Herald. Under current policy, Facebook will remove the page of a deceased account holder if a family member requests it. Otherwise, when Facebook is notified of a death, it puts the account in a “special memorialized state,” removing certain information and ensuring that it no longer shows up in search results or receives friend requests. Draguignan, France? Mike and Jenna Strauss at 641.6600…

The 29th Annual Law Day 5K race and 1-Mile Family Fun run is scheduled for May 19 at the County Government Center, Stalwart and race Director Joe Strohman says breakfast by El Pescador is reason enough to participate. Prizes galore, dozens of volunteers and hundreds of runners make for a great morning. Proceeds benefit the bar association and the pro bono charitable arm, VLSP, Inc… The average education debt for law grads at private schools last year was nearly $125,000, while the average for grads of public law schools was more than of public law schools was more than $75,000, according to new figures released by the ABA. The debt load increased 17.6 percent from the prior year for private law grads and 10 percent for public law grads, the Daily Journal reports. In 2001-02, the average debt was only about $46,500 for public law school grads and about $70,000 for private law school grads. U.S. News & World Report released it own figures on the “10 law schools that lead to the most debt.” #1: John Marshall at $165, 178; #2: California Western School of Law at $153,145; #3: Thomas Jefferson School of Law in California; #4 American University in D.C. at $151,318; and #5 NyU at $146,230…The Law offices of Lindsay Nielson and The Huff Law Firm have joined forces and are now Nielson/HuffLLP. www.nielsonhuff.com or 658.0977…

The LA Superior Court on April 17 announced plans for the most significant reduction of services in its history. By June 30, 2012, the court will reduce its staff by 350 workers, close 56 courtrooms, reduce the use of court reporters and eliminate the Informal Juvenile Traffic Courts. The courtrooms being impacted include 24 civil, 24 criminal, 3 family, 1 probate, and 4 juvenile delinquency courts… Belfast, Ireland? Natalie Panossian at napannosian@gmail.com… Leslie McAdam has been nominated for one of the 2012 President’s Pro Bono Service Awards. Leslie was nominated by Laura Bartels and we should hear some news in late July or early August…Eguilles, France? Tina Rasnow at 236.0266 or tina@rasnowpeak.com… Mark your calendar– Ventura County Diversity Bar Alliance is hosting a mixer May 16 at the Twenty 88 restaurant and Bar. Proceeds to VLSP, Inc. and you may send your RSVP to bar@vcba.org or 650.7599…Lastly, VCTLA Trial Lawyer of the year is scheduled for May 22. Allen Ball at 642.4622…

Paralegal Wanted: Ventura solo practitioner seeking junior paralegal to assist attorney and senior paralegal. Willing to train, but experience in Estate Planning and Corporate helpful. Please send resumes to pat@wennergrenlaw.com.

SERVICES OFFERED

Contract Attorney – Attorney with excellent research and writing skills and 26 years of local experience in Family Law and Civil Litigation seeks contract work in the preparation of legal briefs, points and authorities, research, pleadings, discovery, family law disclosure and related document preparation. Also available for trial preparation, depositions, and court appearances at ex parte hearings, law and motion hearings, and trials. Reasonable rates apply on hourly or per project basis. One or two-day turnaround on most assignments. Cut your overhead and relieve unwanted pressure. Call (805) 497-0802, extension 314.

OFFICE SPACE

Rent a piece of history – Beautifully restored Victorian home built in 1892. 5660 square feet. Ventura historical landmark No. 61. Two-story. 143 Figueroa Street, Old Town Ventura, 93001. Walk to beach, Ventura Mission and shops and restaurants on Main Street. Easy 101 freeway access. 16 executive offices plus reception area, three fireplaces, three conference rooms and two coffee areas. Wheelchair access. On-site parking. rent all for $8900/mo or rent part. Call Don Parrish at (805)340-1204.

Tower office spaces available – Free rent! rare opening in suite 1180 in the “Tower,” Ventura County’s premier office address. “King’s Corner” office with great views, as well as individual window offices available in multi-conference room, established full attorney Suite 1180. Full amenities available, including potential for overflow or start-up assistance. Great turnkey location for solo, small firm and mediators. Short or long-terms. Best offers accepted! Call (805)988-4848.

Office space available – Beautiful, historic turn-of-the-century law office building at Heritage Square in Downtown Oxnard. rents range from $400 to $600 per month, depending on office size. Private parking available. If interested, please call (805)487-2000.

Office Space available now – 11×14 window office in multi-office suite located in Camarillo. Suite has two conference rooms, common area, and handicap access. Utilities, internet, janitorial and security system service included. Conveniently located minutes from the freeway and Carmen Drive off ramp. Walking distance to banks and food court plaza. Please call 805-384-1313 or email Srubio@vcds.bz for more information.

One of my initiatives this year as VCBA President has been to promote diversity and otherwise facilitate and make this idea a reality. Thus, in January, I called together the same minority bars to formally create and develop this coalition. The bar leaders are Rennee Dehesa, Jill Friedman, John Fukasawa, Alvan Arzu, Jessica Arciniega, Jodi Prior, Tina Rasnow, David McDonald, Kata Kim, and Carmen Ramírez, representing the founding member organizations: Ventura County Mexican American Bar Association, Women Lawyers of Ventura County, Ventura County Asian American Bar Association, and Ventura County Black Attorneys Association. We all agreed on the name Ventura County Diversity Bar Alliance (VCDBA). The VCDBA is being modeled after the pioneering and hugely successful Multi-Cultural Bar Alliance (MCBA) of Southern California comprising 20 minority, women and LGBT bar associations.

According to the 2010 census, the population of Ventura County was 823,318, comprised of nearly 50 percent people of color (40.3 percent Hispanic or Latino origin, 6.7 percent Asian, and 1.8 percent Black). Females made up 50.3 percent of the population. As to diversity on the Ventura County bench, the 2006-2007 Ventura Superior Court Annual report (“Ventura report”) indicated there were six female judges, two male Hispanic judges, and one African American judge out of a total of 31. Currently, only one Hispanic judge remains on the bench, and there are no African American or Asian American judges. Of the ten appointments made from 2007 through 2011, two judges were female and one said he was of more than one race. The Ventura report cited to the Judicial Council’s Strategic Plan and noted: “The makeup of California’s judicial branch will reflect the diversity of the state’s residents.” The Judicial Council’s Strategic Plan is intended to guide the local courts and assure that they implement the stated goals to achieve access, fairness, and diversity in the courts.

By contrast, neighboring Santa Barbara County, with a population of 423,895, which is 49.85 percent female, and is comprised of 42.9 percent Hispanic or Latino origin, 4.9 percent Asian, and 2 percent Black, has three Hispanic and one Asian judge on the bench: half the population, yet four times as many minorities on the bench.

In light of the statistics above, an important focus of the VCDBA will be to address the issue of judicial diversity in Ventura County. VCDBA has recently sent a letter to the Governor bringing to his attention the importance and need for diversity on the Ventura County Superior Court. Why is diversity on the bench important? As stated by Presiding Judge Lee Smalley Edmon, the first woman to lead the Los Angeles County Superior Court, “The more inclusive and diverse the judiciary system, the greater the degree of trust and confidence that the public will have in the integrity in our judicial system.” retired California Supreme Court Justice Carlos Moreno has urged that “only by having a diverse bench can equal justice for all be obtained. Diversity serves as a structural safeguard against bias and prejudice. Diversity ensures a full and balanced deliberation and decision-making process.” Governor Jerry Brown’s Senior Advisor for Policy and Appointments, Joshua Groban, confirmed that “diversity is important to Governor Brown and that his view of diversity goes beyond racial and gender lines and extends to life experiences.”

VCDBA will also serve as a way for each of the member organizations to promote and support each other’s events and to collaborate on future joint events. A number of activities are being planned for VCDBA’s kickoff year, including an inaugural Mixer on May 16 at Twenty 88 tapas bar in old town Camarillo to introduce VCDBA to VCBA and the Ventura County community. This Mixer will also be a fundraiser to benefit VCBA’s pro bono program, Volunteer Lawyer Services Program (VLSP). Please see the flyer in this month’s CITATIONS.

On June 23, VCDBA will be hosting its first speakers panel program and workshop called “Everything you Wanted to Know About Becoming a Judge, But Were Afraid to Ask,” featuring Judge Manuel varrubias, Judge Matthew Guasco, Judge George Eskin from Santa Barbara County, and Judge Holly Fujie and referee Cynthia Loo from Los Angeles County. referee Loo, who will moderate this panel, is currently the Chair of the Judicial Committee of the State Bar’s Council on Access and Fairness, and Chair of MCBA’s Diversity on the Bench/ Judicial Mentoring Program. The purpose of this half-day Saturday program will be to provide important information and tips to those who are interested in applying for judicial appointment to submit their applications to the Governor’s Office. After the initial panel presentation, VCDBA plans to have breakout workshop sessions where attendees can get more one-on-one mentoring with other judges on our local bench or from outside Ventura County.

PUBLIC SERVICE ANNOUNCEMENT

Please don’t forget that this month, there are two great events to benefit VLSP: (1) Ventura County aralegal Association’s 16th Annual Wine/Beer Tasting & Silent Auction on May 3 and (2) VCBA’s Law Day 5K run/ Walk (now in its 29th year!) on May 19. Come join us for a lot of fun and to support  good cause.

Date: Wednesday, May 16, 2012 ~ Time: 5:30 p.m. to 7:30 p.m.
Location: Twenty 88 Restaurant and Bar (2088 Ventura Blvd., Old Town Camarillo)

Join us for appetizers and drinks! ~ $25 per person ($10.00 of that will go to the Volunteer Lawyer Services Program)*

Please RSVP by May 14th to the Ventura County Bar Association by phone at (805) 650-7599 or by email to bar@vcba.org

Share.  Network.  Learn about VCDBA.
Ventura County Mexican ~ American Bar Association~ Ventura County Black Attorneys Association
Ventura County Asian ~American Bar Association Women Lawyers of Ventura County

April 26, 2012 at noon
Hampton Inn & Suites, Camarillo

Join Mary Shea and Cheri Elson, at the Hampton Inn in Camarillo, for a presentation about the Use of Psychotropic Drugs for the Treatment of Dementia in the Elderly. Mary Shea is a Ventura County Senior Deputy Public Defender. For the past eleven years, her practice has focused on Probate Conservatorships and Guardianships. She was recently presented with the 2011 Joyce Yoshioka Award in recognition of her outstanding contribution to the Criminal and Civil Justice System for her tireless efforts on behalf of the tired, the infirm and the aged.

Cheri Elson is certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Estate Planning, Probate and Trust Law. Ms. Elson’s practice emphasizes Estate Planning, Probate, Estate Administration, Conservatorship Law and Special Needs Trusts. Ms. Elson also served as the Chair of the Estate Planning & Probate Law Section. Currently, Ms. Elson is the community legal liaison for the Wellness & Caregiver Center of Ventura County, as well as an Alzheimer’s Association Ambassador.

Register soon, seating is limited! – Call the VCBA office at (805) 650-7599

The WLVC Mary Sullivan Scholarship is an award (minimum – $500.00) given to a law student or recent law school graduate who represents the ideals and values of Mary Sullivan, a Ventura lawyer and long-time member of WLVC, who passed away in 2009. Mary exemplified the best qualities of an attorney, handling her cases with compassion and dignity. Her practice initially was in family law and then representing parents in dependency court proceedings. She also devoted a considerable amount of time to representing individuals on a pro bono basis.

AWARD CRITERIA:
Law Student or Recent Law School Graduate (Within the last 2 Years) Resident of Ventura County or attending Law School in Ventura County
Commitment to Public Interest Work & Advancing the Interests of Women & Children Financial Need.

TWO (2) LETTERS OF RECOMMENDATION:
Include with your application two letters of recommendation. At least one of these letters should be from a Professor or Administrator from your current school or your school of last enrollment.

SCHOOL TRANSCRIPT:
A copy of your most current school transcript (does not need to be certified or in a sealed envelope).

PERSONAL STATEMENT:
Applicants must write a biographical essay which explains the following: (1) Why did you decide to at tend Law School? (2) How does your previous employment , volunteer work, education, and extracurricular activities demonstrate a commitment to public interest work and/or serving the community? Please give specific examples which illustrate how your education and experiences have led you to your current career path; (3) What is your connect ion to Ventura County? (4) Are there any factors regarding your financial situation that you would like the WLVC Scholarship Commit tee to take into consideration; and (5) How would the WLVC scholarship help you achieve your goals? Please submit your completed application as a single PDF file attachment to Jodi Prior at Jodi.Prior@ventura.courts.ca.gov. The deadline to submit your scholarship application is July 2, 2012. Late applications will not be considered. Decisions on Grant Recipients will be made no later than September 4, 2012.

A COMPLETE APPLICATION WILL INCLUDE:
1. Application cover Sheet
2. Two letters of Recommendation
3. School Transcripts
4. Personal Statement

THE SUBMISSION DEADLINE IS JULY 2, 2012.
Thank you for your interest in Women Lawyers of Ventura County. Good luck with the scholarship application. If you would like information about joining WLVC as an attorney or student member, please contact Samantha E. Balchum at 805.644.7188 for a membership application.

Many residents of Ventura County have never been to the Channel Islands National Park even though it lies literally in their front yard, only a short distance off the coast. The islands are mostly known as the setting of “Island of the Blue Dolphins,” a novel read by millions of California elementary students about a Chumash girl who was left behind on San Nicholas Island and survived there in solitude for sixteen years. T.C. Boyle’s recent novel When the Killing Is Done tells a compelling and fascinating story involving the National Park Service’s attempts to restore the ecological balance of the islands.

Santa Cruz Island, four times the size of Manhattan and 20 miles west of the Ventura coastline, the last link in the five-island chain that Congress designated as a national park in 1980, is not only a natural marvel, but a lawyer’s dream come true. Behind this island lies a tangled history of human dispute and litigation. Real estate battles, greed, and family infighting resulted in numerous legal actions.

The National Park Service’s efforts to protect native plants and animals – by eliminating rats on Anacapa and pigs on Santa Cruz – sparked a public debate. It caused a Santa Barbara County businessman to sue the National Park Service and the Nature Conservancy seeking to halt their $7-million feral pig eradication program, which killed thousands of wild pigs on Santa Cruz Island. The lawsuit can only be described “as too little too late.” In 2008, the Ninth Circuit dismissed the action as moot because the pig eradication program had been completed and no feral pigs were left on the island. Feldman v. Bomar, 518 F.3d 637, 642 (9th Cir. 2008).

Gabriele Mezger-Lashly ~ is a State Bar certified specialist in appellate law. She handles law and motion and appeals for Slaughter & Reagan LLP in Ventura.

Continue Reading – April issue of CITATIONS