After the hideous occasions of September 11, 2001, we spoke of a “new normal” for Individuals. Are we now in a brand new “new regular”? Have we normalized authoritarianism, given all that has gone on over the previous week or so? Ever since January 20? What does that imply? Whereas we’re fortunately not completely in authoritarian grips, no less than not but, there have been disturbing indicators of that normalization, particularly right here up to now week in Los Angeles.
And no, Los Angeles has not been on hearth, apart from these two harmful fires that swept via a part of Los Angeles metropolis and county in January. And no, apart from the roughly one sq. mile curfew in downtown LA (since lifted), life in La-La Land goes on with none hiccups. Jimmy Kimmel quipped final week that Los Angeles has extra destruction and hassle after any of our sports activities groups wins a championship. And sure, the Nationwide Guard continues to be right here and, sure, ditto 700 or so Marines. Sorry 47, however L.A.’s loss of life has been vastly exaggerated as soon as once more.
So let’s deal with the mundane, the ridiculous, and naturally, the “what have been they considering,” that grips our career nonstop. Doing that reveals that the world nonetheless turns in some vogue.
Let’s begin with former San Bernardino County District Lawyer Michael Ramos, who misplaced his re-election bid in 2018. He has stipulated to a six-month suspension of his legislation license. For what? For deleting textual content messages and emails within the context of prison prices that his workplace introduced and couldn’t show past an affordable doubt. If you’re like me, you hate doing litigation holds and gathering emails and texts and producing them when demanded, particularly when there could possibly be a number of “smoking weapons” that don’t assist your case and should tank it altogether. Nevertheless, the obligation of preservation is paramount. Each lawyer is required to know the foundations. Am I proper or am I proper?
Ramos claimed he was unaware of file preserving legal guidelines. Wait! What? He was the DA for 16 years and didn’t find out about file preserving legal guidelines? Actually? He’s been in apply for greater than 30 years. What in regards to the requirement that the federal government flip over all proof it has to the protection? What in regards to the requirement that the turnover should embrace every kind of proof?
Ramos’s stipulation has but to be accredited by the California Supreme Courtroom. I ponder if the courtroom will approve it, on condition that he was the district lawyer for 16 years with an office of more than 200 deputy DAs. He was additionally a public official, in addition to an lawyer. The California State Bar decided that Ramos’ excuse lacked credibility. No shock there.
Switching now to the appellate courtroom, simply since you’ve retired as an appellate justice doesn’t essentially imply that you simply get a corridor go. California’s Fee on Judicial Efficiency now has its sights on retired appellate justice William J. Murray, Jr. He retired from the Third Appellate District bench in Sacramento. In its 20-page grievance and with one other 20 pages of displays, CJP alleges that the now retired justice Murray engaged in willful misconduct in workplace, “persistent failure or lack of ability to carry out his duties, conduct prejudicial to the administration of justice that brings the judicial workplace into disrepute, improper motion, and dereliction of obligation throughout the which means of article VI, part 18 of the California Structure, offering for elimination, censure, or public or personal admonishment of a decide or former decide.” Clearly, former judges usually are not exempt.
Among the many prices alleged is that Murray delayed issuing a important variety of choices from 2012 to 2022. California legislation requires that an appellate resolution be issued inside 90 days of submission to the courtroom. In failing to adjust to that requirement the previous justice allegedly violated numerous canons of judicial ethics.
And final, however not least, the Wall Avenue Journal reported final week that the State Bar of California has opened an investigation into Gloria Allred’s agency amid claims from dissatisfied clients who alleged that they have been pressured into settling. Feels like these claims could also be what each litigator who has ever settled a case calls “settlor’s regret.”
Through the years, I had quite a lot of circumstances with Allred’s companions. We resolved each case at mediation. Either side have been unhappy however litigation was over. My consumer paid greater than it wished (kicking and screaming all the way in which with an occasional tantrum) and I think about that the agency’s purchasers acquired lower than they thought they deserved. So what else is new? Whereas I do know nothing about another challenge talked about within the Journal’s reporting, I do know {that a} good decision means each events are pissed and sad. That’s appropriately.
Jill Switzer has been an energetic member of the State Bar of California for over 40 years. She remembers working towards legislation in a kinder, gentler time. She’s had a various authorized profession, together with stints as a deputy district lawyer, a solo apply, and a number of other senior in-house gigs. She now mediates full-time, which provides her the chance to see dinosaurs, millennials, and people in-between work together — it’s not all the time civil. You may attain her by electronic mail at [email protected].
