Harry L. Powazek and
Joel R. Wohlfeil of San Diego Gary M. Bubis of El Cajon
Maureen F. Hallahan of La Mesa
San Diego Metropolitan Magazine
Daily Business Report
April 17, 2007
...Four local attorneys have been appointed to the San Diego County Superior Court
bench by Gov. Schwarzenegger -- Powazek, 52, has served as a commissioner for the
San Diego County Superior Court since 1995. From 1985 to 1995, he was in private
practice handling family law. Powazek earned a doctorate degree from the Thomas
Jefferson School of Law and a bachelor's degree from State University of New York at
Buffalo. He fills the vacancy created by the death of Judge J. Michael Bollman. Powazek
is registered decline-to-state.
Wohlfeil, 51, has been a partner with the law firm Boudreau, Albert & Wohlfeil since
1997. Previously, he was in private practice specializing in civil litigation from 1996 to
1997, and an associate with the law firm of Bauman & Wohlfeil from 1991 to 1996.
Wohlfeil earned a doctorate from Western State University College of Law and a
bachelor's degree from Northern Arizona University. He fills the vacancy created by the
retirement of Judge Raymond Edwards Jr. Wohlfeil is a Democrat.
Bubis, 53, has served as referee for the San Diego Superior Court since 1997.
Previously, he was a deputy public defender for the San Diego County Public Defender's
Office from 1992 to 1996 and a deputy for the San Diego county counsel from 1990 to
1992. From 1980 to 1990, he was a partner with Menzies and Bubis. Bubis earned a
doctorate from the USD School of Law, a master's degree from CSU San Diego and a
bachelor's degree from Northern Illinois University. He fills the vacancy created by the
retirement of Judge Rafael Arreola. Bubis is a Republican.
Hallahan, 52, has been a practicing attorney since 1981 and was a partner with the
law firm Procopio, Cory, Hargreaves & Savitch. Previously, she was an associate and
partner with the law firm Mulvaney, Kahan & Barry and held the same position with Miller,
Boyko & Bell. Hallahan earned a doctorage from the USD School of Law and a
bachelor's degree from SDSU. She fills the vacancy created by the retirement of Judge
Charles Wickersham. Hallahan is a Democrat.
The pay for each position is $171,648 annually.
Joel R. Wohlfeil of San Diego Gary M. Bubis of El Cajon
Maureen F. Hallahan of La Mesa
San Diego Metropolitan Magazine
Daily Business Report
April 17, 2007
...Four local attorneys have been appointed to the San Diego County Superior Court
bench by Gov. Schwarzenegger -- Powazek, 52, has served as a commissioner for the
San Diego County Superior Court since 1995. From 1985 to 1995, he was in private
practice handling family law. Powazek earned a doctorate degree from the Thomas
Jefferson School of Law and a bachelor's degree from State University of New York at
Buffalo. He fills the vacancy created by the death of Judge J. Michael Bollman. Powazek
is registered decline-to-state.
Wohlfeil, 51, has been a partner with the law firm Boudreau, Albert & Wohlfeil since
1997. Previously, he was in private practice specializing in civil litigation from 1996 to
1997, and an associate with the law firm of Bauman & Wohlfeil from 1991 to 1996.
Wohlfeil earned a doctorate from Western State University College of Law and a
bachelor's degree from Northern Arizona University. He fills the vacancy created by the
retirement of Judge Raymond Edwards Jr. Wohlfeil is a Democrat.
Bubis, 53, has served as referee for the San Diego Superior Court since 1997.
Previously, he was a deputy public defender for the San Diego County Public Defender's
Office from 1992 to 1996 and a deputy for the San Diego county counsel from 1990 to
1992. From 1980 to 1990, he was a partner with Menzies and Bubis. Bubis earned a
doctorate from the USD School of Law, a master's degree from CSU San Diego and a
bachelor's degree from Northern Illinois University. He fills the vacancy created by the
retirement of Judge Rafael Arreola. Bubis is a Republican.
Hallahan, 52, has been a practicing attorney since 1981 and was a partner with the
law firm Procopio, Cory, Hargreaves & Savitch. Previously, she was an associate and
partner with the law firm Mulvaney, Kahan & Barry and held the same position with Miller,
Boyko & Bell. Hallahan earned a doctorage from the USD School of Law and a
bachelor's degree from SDSU. She fills the vacancy created by the retirement of Judge
Charles Wickersham. Hallahan is a Democrat.
The pay for each position is $171,648 annually.
Judge Wohlfiel previously in the news
San Diego Business Journal
2/6/2006
Sycuan Wins Suit Over Management of Hotel
Law: Renovation of Historic Grant Hotel Sees Climbing Costs
By CONNIE LEWIS
Attorneys for San Diego-based American Property Management Corp.
contend that they will appeal a jury’s verdict that awarded Sycuan
Development Corp. nearly $1.4 million after Sycuan fired the firm as
manager of the U.S. Grant Hotel.
The case, which went to trial Jan. 6 in San Diego Superior Court, was
based on which entity had violated the terms of a 10-year management
contract for the historic 271-room hotel when the management company
was fired in February 2004.
Sycuan, which acquired the storied hotel and hired American Property in
December 2003, said American Property Management was fired for
cause and sued it for $2.8 million in damages. The alleged causes
included late payment of property insurance and employees’ dental
insurance premiums and transferring money from one bank account to
another without authorization.
American Property Management countersued Sycuan, alleging that the
tribe violated its contract by not giving prior notice or a set period of time
to rectify those problems before being fired and sought $10.8 million —
the balance of what it said it was owed for the remainder of the contract
term.
The decision, which was rendered Jan. 26, awarded Sycuan $1.386
million, including $1.35 million that the jury said American Property
Management wrongly took after it was fired. The sum also
included about $30,000 for meals and hotel stays for some
employees who were family members of American Property
Management President Michael Gallegos and an additional $5,500
for meals and a hotel stay for a nephew of Gallegos.
Attorney Joel R. Wohlfeil of the San Diego-based law firm Boudreau
Albert & Wohlfeil LLP, which represented American Property
Management, said it plans to file an appeal based on the court’s pretrial
decision that Sycuan did not owe the management company prior notice
or a chance to rectify problems before it was fired.
Anthony Dain of Procopio Cory Hargreaves & Savitch LLP
represented Sycuan.
San Diego Business Journal
2/6/2006
Sycuan Wins Suit Over Management of Hotel
Law: Renovation of Historic Grant Hotel Sees Climbing Costs
By CONNIE LEWIS
Attorneys for San Diego-based American Property Management Corp.
contend that they will appeal a jury’s verdict that awarded Sycuan
Development Corp. nearly $1.4 million after Sycuan fired the firm as
manager of the U.S. Grant Hotel.
The case, which went to trial Jan. 6 in San Diego Superior Court, was
based on which entity had violated the terms of a 10-year management
contract for the historic 271-room hotel when the management company
was fired in February 2004.
Sycuan, which acquired the storied hotel and hired American Property in
December 2003, said American Property Management was fired for
cause and sued it for $2.8 million in damages. The alleged causes
included late payment of property insurance and employees’ dental
insurance premiums and transferring money from one bank account to
another without authorization.
American Property Management countersued Sycuan, alleging that the
tribe violated its contract by not giving prior notice or a set period of time
to rectify those problems before being fired and sought $10.8 million —
the balance of what it said it was owed for the remainder of the contract
term.
The decision, which was rendered Jan. 26, awarded Sycuan $1.386
million, including $1.35 million that the jury said American Property
Management wrongly took after it was fired. The sum also
included about $30,000 for meals and hotel stays for some
employees who were family members of American Property
Management President Michael Gallegos and an additional $5,500
for meals and a hotel stay for a nephew of Gallegos.
Attorney Joel R. Wohlfeil of the San Diego-based law firm Boudreau
Albert & Wohlfeil LLP, which represented American Property
Management, said it plans to file an appeal based on the court’s pretrial
decision that Sycuan did not owe the management company prior notice
or a chance to rectify problems before it was fired.
Anthony Dain of Procopio Cory Hargreaves & Savitch LLP
represented Sycuan.
San Diego County Judges
Michael Anello, Judge Who Expressed Concern over Daniel
Shinoff conflict of interest in MiraCosta College Investigation,
appointed to Federal Bench
Shinoff conflict of interest in MiraCosta College Investigation,
appointed to Federal Bench
Senate confirms Anello to local federal bench
UNION-TRIBUNE
September 27, 2008
FEDERAL COURTS: The U.S. Senate yesterday confirmed San Diego Superior Court
Judge Michael Anello as the newest member of the local federal bench.
It's unclear when Anello will take the seat vacated when U.S. District Judge Napoleon
Jones retired from full-time work.
Anello, 65, is presiding over a sexual harassment trial involving San Diego firefighters
who were ordered to participate in last year's gay pride parade. He told lawyers to wrap
up their cases by Wednesday.
He becomes one of 15 district judges in San Diego at a time when prosecutions for
border crimes are on the rise.
Anello was one of 10 federal judges confirmed by the Senate yesterday to lifetime
appointments.
Congress is expected to recess until November once it approves a deal on the
economic crisis and rarely votes on judges after presidential elections, said University
of Richmond professor Carl Tobias, who follows nominations.
–O.R.S.
UNION-TRIBUNE
September 27, 2008
FEDERAL COURTS: The U.S. Senate yesterday confirmed San Diego Superior Court
Judge Michael Anello as the newest member of the local federal bench.
It's unclear when Anello will take the seat vacated when U.S. District Judge Napoleon
Jones retired from full-time work.
Anello, 65, is presiding over a sexual harassment trial involving San Diego firefighters
who were ordered to participate in last year's gay pride parade. He told lawyers to wrap
up their cases by Wednesday.
He becomes one of 15 district judges in San Diego at a time when prosecutions for
border crimes are on the rise.
Anello was one of 10 federal judges confirmed by the Senate yesterday to lifetime
appointments.
Congress is expected to recess until November once it approves a deal on the
economic crisis and rarely votes on judges after presidential elections, said University
of Richmond professor Carl Tobias, who follows nominations.
–O.R.S.
By North County Times
January 22, 2009
REGION: Two judges appointed to Superior Court
Gov. Arnold Schwarzenegger has appointed two judges to San Diego
County Superior Court, officials announced Thursday.
Two Democrats, Tamila Impema, 52, of Oceanside, and Ronald
Frazier, 54, of San Diego, will fill openings left by judges who resigned or
retired.
Impema has worked most recently as a commissioner for the San Diego
County Superior Court, officials said. Prior to that, she was a
commissioner and a supervising research attorney for the Los Angeles
County Superior Court.
She fills a vacancy created by Judge Jan Goldsmith, who retired in
the fall after being elected San Diego's City Attorney.
Frazier has practiced law with various San Diego law firms over 25 years,
according to state officials. Most recently he was counsel for Dietz, Gilmor
& Associates in San Diego.
He fills a vacancy created by the resignation of Judge Michael M.
Anello, who was confirmed last fall as a federal judge in San
Diego's U.S. District Court.
Both judges will be paid an annual salary of $178,789.
January 22, 2009
REGION: Two judges appointed to Superior Court
Gov. Arnold Schwarzenegger has appointed two judges to San Diego
County Superior Court, officials announced Thursday.
Two Democrats, Tamila Impema, 52, of Oceanside, and Ronald
Frazier, 54, of San Diego, will fill openings left by judges who resigned or
retired.
Impema has worked most recently as a commissioner for the San Diego
County Superior Court, officials said. Prior to that, she was a
commissioner and a supervising research attorney for the Los Angeles
County Superior Court.
She fills a vacancy created by Judge Jan Goldsmith, who retired in
the fall after being elected San Diego's City Attorney.
Frazier has practiced law with various San Diego law firms over 25 years,
according to state officials. Most recently he was counsel for Dietz, Gilmor
& Associates in San Diego.
He fills a vacancy created by the resignation of Judge Michael M.
Anello, who was confirmed last fall as a federal judge in San
Diego's U.S. District Court.
Both judges will be paid an annual salary of $178,789.
Can Judges Clean up the legal profession? I
don't think so.
by Maura Larkins
I think that Judge Michael Anello deserves credit for pointing out Dan
Shinoff's conflict of interest in the Julie Hatoff case. The legal system tries
to make the best of the lawyers sent to it by the California Bar
Association. I agree that Dan Shinoff should have revealed to Julie Hatoff
that he was not representing her, but even if Judge Anello had
disqualified him from the Julie Hatoff case, Diane Crosier of San Diego
County Office of Education-Joint Powers Authority would simply have
replaced him with a similar attorney from her list. And doesn't the problem
lie largely with elected officials? If they keep hiring corrupt lawyers, it's
hard for the court system to fight back. Shame on MiraCosta College
board members if they are still paying SDCOE-JPA for liability insurance.
don't think so.
by Maura Larkins
I think that Judge Michael Anello deserves credit for pointing out Dan
Shinoff's conflict of interest in the Julie Hatoff case. The legal system tries
to make the best of the lawyers sent to it by the California Bar
Association. I agree that Dan Shinoff should have revealed to Julie Hatoff
that he was not representing her, but even if Judge Anello had
disqualified him from the Julie Hatoff case, Diane Crosier of San Diego
County Office of Education-Joint Powers Authority would simply have
replaced him with a similar attorney from her list. And doesn't the problem
lie largely with elected officials? If they keep hiring corrupt lawyers, it's
hard for the court system to fight back. Shame on MiraCosta College
board members if they are still paying SDCOE-JPA for liability insurance.
New judges Frank Devaney
Timothy Taylor
from the office of California Governor
01/24/2005 GAAS:29:05
FOR IMMEDIATE RELEASE
Governor Schwarzenegger Appoints Two Judges to the San Diego
County Superior Court
Governor Arnold Schwarzenegger today announced the
appointment of Francis “Frank” M. Devaney and Timothy B. Taylor to
judgeships in the San Diego County Superior Court.
Devaney, 50, of San Diego, has served in the San Diego City
Attorney’s office for more than 21 years. He began as a deputy city
attorney in the Criminal Division in 1983. He then moved to the Civil
Litigation Division where he handled defense of personal injury complaints,
writs and appeals. In 2001, Devaney became head deputy city attorney in
the Trial Unit of the Civil Division where he managed the selection, training,
supervision and mentoring of 25 deputy city attorneys. Devaney has also
served as a workshop leader for the San Diego Inn of Court trial practice
and evidence workshop programs since 1994 and currently serves as a
Master of the Enright Inn of Court.
Devaney earned a Juris Doctorate from Santa Clara University
School of Law and a Bachelor of Arts degree from Hobart College...
He fills the vacancy created by the retirement of Judge Vincent P.
DiFiglia. Devaney is registered decline-to-state.
Taylor, 45, of Coronado, has practiced law with Sheppard, Mullin, Richter &
Hampton, LLC for the past 20 years specializing in civil litigation. He
became a partner in the firm’s Trial Practice Group in 1992. Taylor’s
experience also includes service on the State Bar Commission on Access to
Justice and three years as the lawyer representative from the Southern
District of California to the Ninth Circuit Judicial Conference.
Taylor earned a Juris Doctorate from Georgetown University Law Center
and a Bachelor of Arts degree from the University of Southern California.
He is a member of the San Diego County Bar Association and the California
State Bar Association. He fills the vacancy created by the retirement of
Judge Eugene M. Amos. Taylor is registered decline-to-state.
The compensation for each position is $139,784.
Timothy Taylor
from the office of California Governor
01/24/2005 GAAS:29:05
FOR IMMEDIATE RELEASE
Governor Schwarzenegger Appoints Two Judges to the San Diego
County Superior Court
Governor Arnold Schwarzenegger today announced the
appointment of Francis “Frank” M. Devaney and Timothy B. Taylor to
judgeships in the San Diego County Superior Court.
Devaney, 50, of San Diego, has served in the San Diego City
Attorney’s office for more than 21 years. He began as a deputy city
attorney in the Criminal Division in 1983. He then moved to the Civil
Litigation Division where he handled defense of personal injury complaints,
writs and appeals. In 2001, Devaney became head deputy city attorney in
the Trial Unit of the Civil Division where he managed the selection, training,
supervision and mentoring of 25 deputy city attorneys. Devaney has also
served as a workshop leader for the San Diego Inn of Court trial practice
and evidence workshop programs since 1994 and currently serves as a
Master of the Enright Inn of Court.
Devaney earned a Juris Doctorate from Santa Clara University
School of Law and a Bachelor of Arts degree from Hobart College...
He fills the vacancy created by the retirement of Judge Vincent P.
DiFiglia. Devaney is registered decline-to-state.
Taylor, 45, of Coronado, has practiced law with Sheppard, Mullin, Richter &
Hampton, LLC for the past 20 years specializing in civil litigation. He
became a partner in the firm’s Trial Practice Group in 1992. Taylor’s
experience also includes service on the State Bar Commission on Access to
Justice and three years as the lawyer representative from the Southern
District of California to the Ninth Circuit Judicial Conference.
Taylor earned a Juris Doctorate from Georgetown University Law Center
and a Bachelor of Arts degree from the University of Southern California.
He is a member of the San Diego County Bar Association and the California
State Bar Association. He fills the vacancy created by the retirement of
Judge Eugene M. Amos. Taylor is registered decline-to-state.
The compensation for each position is $139,784.
The Secret World of
Judicial
Appointments
By WILL CARLESS
Voice of San Diego
Feb. 13, 2008
On Oct. 17, William Gentry,
Jr., a local prosecutor with
the District Attorney's Office,
announced he was running for
election as city attorney
against the incumbent
Democrat, Mike Aguirre.
Gentry had the support of
District Attorney Bonnie
Dumanis, who wrote a
gushing letter to local
lawyers urging them to back
him in the race.
"I'm in this to win and 100
percent committed to it,"
Gentry told The San Diego
Union-Tribune the day he
entered the race.
But three months later,
despite raising more money
than any other candidate,
Gentry suddenly dropped out
of the race. After a fellow
Republican, Superior Court
Judge Jan Goldsmith, decided
to run against Aguirre, Gentry
said he didn't want to split the
vote against Aguirre and
urged his supporters to vote
for Goldsmith.
A week later,
Gentry had a new
gig. He was
appointed as a
Superior Court
judge by
Republican Gov.
Arnold
Schwarzenegger.
The move raised eyebrows in
the local legal and political
communities, with many
pontificating that Gentry's
appointment was a trade-off
for dropping out of the race
against Aguirre and clearing
the way for Goldsmith.
And a number of local
attorneys, who spoke
anonymously because they
could appear in front of Judge
Gentry, questioned whether
the former district attorney
was the best qualified of
several local lawyers sitting
on a waiting list for Superior
Court judgeships.
But the screening and
appointment process
undergone by Gentry, and all
other prospective judges, is
shrouded in secrecy, leaving
details of nominations,
including the rating given to
applicants by an independent
commission and the number
of potential rivals for each
judgeship, outside of public
view.
"We'll never ever know whether this
was an inducement to leave," said
Steve Erie, a political science
professor at University of California,
San Diego. "But the timing of it
raises eyebrows. It's like remarriage
after a divorce. The timing is
awkward, the timing is unseemly --
that it's occurring so shortly
afterwards."
Gentry said there's no connection
between his leaving the race and his
appointment. He said he applied to
the Governor's Office two years ago
and had long cleared the vetting
process to become a judge when he
decided to have a stab at the city
attorney's job. The governor's
judicial appointments secretary,
Sharon Majors-Lewis, who used to
be a San Diego district attorney
herself, said Gentry was chosen
purely because of his outstanding
qualifications. Before being
appointed, Gentry joined the San
Diego District Attorney's Office in
1998, and he is an Iraq War veteran.
"He's absolutely got the
qualifications necessary to be a
judge, not to mention his community
service involvements and so forth,"
Majors-Lewis said. "If he didn't have
the qualifications, he could not have
been considered or appointed."
Becoming an appointed Superior
Court judge in San Diego begins
with an application to the Governor's
Office.
The Governor's Office sends each
application to a committee in San
Diego, the Judicial Selection
Advisory Committee. The identity
of the members of that
group is secret, as is the
number of people on the
committee and the process
by which they assess the
applications sent to them. A
number of members of the
local legal and political
communities said District
Attorney Bonnie Dumanis is
a member of the committee,
but the Governor's Office would
not answer any questions
about the group.
After its own team has vetted the
applicants, the Governor's Office
passes applications it approves of
to an independent state Bar
commission that's tasked with
assessing the qualifications of
potential judges: The Commission
on Judicial Nominees Evaluation,
known as the JNE Commission.
The JNE Commission, which is
made up of active members of the
state Bar, former members of the
judiciary and members of the public,
then begins an exhaustive
assessment of each candidate's
qualifications. That includes
canvassing present and former
colleagues and acquaintances of
the applicant and gathering
feedback on everything from the
aspiring judge's temperament, to
their character, to their record as an
attorney.
Those meetings take place behind
locked doors. Every document that's
viewed in the meetings is shredded.
William Kopeny, the current
chairman of the commission, said if
a non-commission member enters
the meeting to change the air
conditioning, the meeting stops until
the non-member leaves.
And almost every single element of
the JNE Commission's evaluation of
each candidate is strictly
confidential. Releasing information
from the commission to the media
or anyone else is a misdemeanor,
Kopeny said.
Past and present commission
members said there are very good
reasons why the information
gathered on each applicant is kept
confidential. To accurately assess
each candidate's eligibility, the
commission relies on frank and
honest feedback from people who
know that candidate well and who
may have a close relationship to
them. The commission would not
get that sort of frank information if
journalists and members of the
public were allowed to pick through
the feedback they collate, the
commission members said.
"If participating lawyers thought their
information was going to be vetted in
public, they would be loath to pass it
on," said Diane Karpman, a legal
ethicist and former member of the
JNE Commission.
Once the commission has
considered each candidate, it
awards them one of four ratings:
Extremely well qualified, well
qualified, qualified or not qualified.
This rating is sent to the Governor's
Office.
Theoretically, the governor can still
appoint someone who has been
rated "not qualified" by the JNE
Commission. If that happens, the
state Bar can choose to make public
the fact that they rated the governor's
appointee as such but the governor
appointed them anyway.
But the state Bar doesn't have to say
anything.
One former commissioner said the
bar could choose to keep quiet
about an unqualified appointee in
order to protect the governor from
embarrassment.
Gentry's rating by the JNE
Commission isn't public
information. Assuming he was
considered by the commission as
qualified to be a judge, there is no
public record whether he was rated
as merely qualified, or well qualified
or extremely well qualified.
Kopeny said Gentry, or any other
applicant's rating, can be made
public by the Governor's Office if they
chose to do so. But the governor's
officials don't have to say anything if
they don't want to. A spokeswoman
for the Governor's Office said
anything related to the JNE
Commission is confidential, and
that the office could not release
Gentry's rating.
And, in theory, the governor doesn't
have to answer to anyone when it
comes to his judicial appointments.
Because the appointments are, by
nature, political, Kopeny said it's the
governor's prerogative to appoint
whomever he wants, whenever he
wants, for whatever reason.
"The governor's supposed to use
political considerations. That's the
reason some people vote for him,
so that he'll appoint people who are
of a like mind or that he'll appoint
people who will, in some way, serve
the political party that he's a member
of," Kopeny said.
For his part, Aguirre said there's no
doubt Gentry's judicial appointment
was made to further the ambitions of
the Republican Party to knock him
out of office.
"If any of my friends who are
Republicans want to be appointed
judges, this is the time to announce
your candidacy for city attorney," he
said.
Judicial
Appointments
By WILL CARLESS
Voice of San Diego
Feb. 13, 2008
On Oct. 17, William Gentry,
Jr., a local prosecutor with
the District Attorney's Office,
announced he was running for
election as city attorney
against the incumbent
Democrat, Mike Aguirre.
Gentry had the support of
District Attorney Bonnie
Dumanis, who wrote a
gushing letter to local
lawyers urging them to back
him in the race.
"I'm in this to win and 100
percent committed to it,"
Gentry told The San Diego
Union-Tribune the day he
entered the race.
But three months later,
despite raising more money
than any other candidate,
Gentry suddenly dropped out
of the race. After a fellow
Republican, Superior Court
Judge Jan Goldsmith, decided
to run against Aguirre, Gentry
said he didn't want to split the
vote against Aguirre and
urged his supporters to vote
for Goldsmith.
A week later,
Gentry had a new
gig. He was
appointed as a
Superior Court
judge by
Republican Gov.
Arnold
Schwarzenegger.
The move raised eyebrows in
the local legal and political
communities, with many
pontificating that Gentry's
appointment was a trade-off
for dropping out of the race
against Aguirre and clearing
the way for Goldsmith.
And a number of local
attorneys, who spoke
anonymously because they
could appear in front of Judge
Gentry, questioned whether
the former district attorney
was the best qualified of
several local lawyers sitting
on a waiting list for Superior
Court judgeships.
But the screening and
appointment process
undergone by Gentry, and all
other prospective judges, is
shrouded in secrecy, leaving
details of nominations,
including the rating given to
applicants by an independent
commission and the number
of potential rivals for each
judgeship, outside of public
view.
"We'll never ever know whether this
was an inducement to leave," said
Steve Erie, a political science
professor at University of California,
San Diego. "But the timing of it
raises eyebrows. It's like remarriage
after a divorce. The timing is
awkward, the timing is unseemly --
that it's occurring so shortly
afterwards."
Gentry said there's no connection
between his leaving the race and his
appointment. He said he applied to
the Governor's Office two years ago
and had long cleared the vetting
process to become a judge when he
decided to have a stab at the city
attorney's job. The governor's
judicial appointments secretary,
Sharon Majors-Lewis, who used to
be a San Diego district attorney
herself, said Gentry was chosen
purely because of his outstanding
qualifications. Before being
appointed, Gentry joined the San
Diego District Attorney's Office in
1998, and he is an Iraq War veteran.
"He's absolutely got the
qualifications necessary to be a
judge, not to mention his community
service involvements and so forth,"
Majors-Lewis said. "If he didn't have
the qualifications, he could not have
been considered or appointed."
Becoming an appointed Superior
Court judge in San Diego begins
with an application to the Governor's
Office.
The Governor's Office sends each
application to a committee in San
Diego, the Judicial Selection
Advisory Committee. The identity
of the members of that
group is secret, as is the
number of people on the
committee and the process
by which they assess the
applications sent to them. A
number of members of the
local legal and political
communities said District
Attorney Bonnie Dumanis is
a member of the committee,
but the Governor's Office would
not answer any questions
about the group.
After its own team has vetted the
applicants, the Governor's Office
passes applications it approves of
to an independent state Bar
commission that's tasked with
assessing the qualifications of
potential judges: The Commission
on Judicial Nominees Evaluation,
known as the JNE Commission.
The JNE Commission, which is
made up of active members of the
state Bar, former members of the
judiciary and members of the public,
then begins an exhaustive
assessment of each candidate's
qualifications. That includes
canvassing present and former
colleagues and acquaintances of
the applicant and gathering
feedback on everything from the
aspiring judge's temperament, to
their character, to their record as an
attorney.
Those meetings take place behind
locked doors. Every document that's
viewed in the meetings is shredded.
William Kopeny, the current
chairman of the commission, said if
a non-commission member enters
the meeting to change the air
conditioning, the meeting stops until
the non-member leaves.
And almost every single element of
the JNE Commission's evaluation of
each candidate is strictly
confidential. Releasing information
from the commission to the media
or anyone else is a misdemeanor,
Kopeny said.
Past and present commission
members said there are very good
reasons why the information
gathered on each applicant is kept
confidential. To accurately assess
each candidate's eligibility, the
commission relies on frank and
honest feedback from people who
know that candidate well and who
may have a close relationship to
them. The commission would not
get that sort of frank information if
journalists and members of the
public were allowed to pick through
the feedback they collate, the
commission members said.
"If participating lawyers thought their
information was going to be vetted in
public, they would be loath to pass it
on," said Diane Karpman, a legal
ethicist and former member of the
JNE Commission.
Once the commission has
considered each candidate, it
awards them one of four ratings:
Extremely well qualified, well
qualified, qualified or not qualified.
This rating is sent to the Governor's
Office.
Theoretically, the governor can still
appoint someone who has been
rated "not qualified" by the JNE
Commission. If that happens, the
state Bar can choose to make public
the fact that they rated the governor's
appointee as such but the governor
appointed them anyway.
But the state Bar doesn't have to say
anything.
One former commissioner said the
bar could choose to keep quiet
about an unqualified appointee in
order to protect the governor from
embarrassment.
Gentry's rating by the JNE
Commission isn't public
information. Assuming he was
considered by the commission as
qualified to be a judge, there is no
public record whether he was rated
as merely qualified, or well qualified
or extremely well qualified.
Kopeny said Gentry, or any other
applicant's rating, can be made
public by the Governor's Office if they
chose to do so. But the governor's
officials don't have to say anything if
they don't want to. A spokeswoman
for the Governor's Office said
anything related to the JNE
Commission is confidential, and
that the office could not release
Gentry's rating.
And, in theory, the governor doesn't
have to answer to anyone when it
comes to his judicial appointments.
Because the appointments are, by
nature, political, Kopeny said it's the
governor's prerogative to appoint
whomever he wants, whenever he
wants, for whatever reason.
"The governor's supposed to use
political considerations. That's the
reason some people vote for him,
so that he'll appoint people who are
of a like mind or that he'll appoint
people who will, in some way, serve
the political party that he's a member
of," Kopeny said.
For his part, Aguirre said there's no
doubt Gentry's judicial appointment
was made to further the ambitions of
the Republican Party to knock him
out of office.
"If any of my friends who are
Republicans want to be appointed
judges, this is the time to announce
your candidacy for city attorney," he
said.
Judicial Appointments in San Diego
(or from San Diego)
(or from San Diego)
The San Diego Courts
have become instruments
of political power.
05/10/07
Blog of San Diego
by Pat Flannery
Judge Wellington's arrogance
(he told our City Attorney Mike
Aguirre to sit down in court
yesterday, refusing to hear what
he had to say) demonstrates
the grip an elite group of
individuals has achieved over
this city. These insiders have
gained control to an extent
exceeded only by those who
seized control of our nation's
Capitol in 2000. Wellington
epitomizes the doctrine that the
Judicial Branch is a mere
instrument of political power.
As a result multiple appeals are
spilling out of San Diego. Mike
Aguirre quite rightly added the
Tom Story criminal case to that
growing list. Wellington did not
like it, so he lost his cool in
court yesterday. This cadre of
insiders intended to
immediately appoint a "special"
prosecutor. Who could they
have had in mind? Casey
Gwinn? Leslie Devaney?
The rest of us can only guess at
the scope of "services" routinely
provided to the developer
community by Tom Story and
his like. The special interests
Story served for 20 years is now
mobilized to send a clear
message to its current insiders
e.g. Jim Waring and Marcella
Escobar-Eck - if you faithfully do
your "duty" to the developers
while on the inside, they will
protect you when you seek your
reward on the outside.
How else are we supposed to
interpret the outrageous antics
of Police Chief Lansdowne, DA
Bonnie Dumanis and Judge
Wellington? They are puppets
of the Establishment.
But Dumanis and Wellington
may have slipped up in their
haste to serve their masters.
Making her submission to
Wellington BEFORE he issued
his ruling barring Aguirre from
prosecuting Story, Dumanis
may have handed Aguirre
exactly what he needs to win
his appeal. As Aguirre pointed
out in court yesterday, Dumanis'
submission to Wellington was
improper and it was improper
for Wellington to read it. As a
Judge he knows that and that is
why he lost his cool yesterday.
He knows it will hurt him on
appeal.
So, does Dumanis routinely do
as she is told by the
Establishment, or does she
ever think first? She could
hardly have given much thought
to her untimely interference in
the Story case. Does she
simply get a phone call from
Kollender or Sanders and
immediately comply?
Compliance is a highly valued
virtue in San Diego today.
It is now up to you and I, the
plain People of the State of
California, to protect our health
and safety from these
developer buffoons. The
Sunroad building is a public
nuisance and a safety hazard to
those of us who fly. I do not
want to read that one of my
long-time flying friends died
because of Sunroad's greed. I
did my first solo from nearby
runway 28R in 1977.
Unfortunately, like most people
who fly, I have lost very close
friends to flying. It is dangerous
enough without Story's and
Wellington's ignoble
contributions.
have become instruments
of political power.
05/10/07
Blog of San Diego
by Pat Flannery
Judge Wellington's arrogance
(he told our City Attorney Mike
Aguirre to sit down in court
yesterday, refusing to hear what
he had to say) demonstrates
the grip an elite group of
individuals has achieved over
this city. These insiders have
gained control to an extent
exceeded only by those who
seized control of our nation's
Capitol in 2000. Wellington
epitomizes the doctrine that the
Judicial Branch is a mere
instrument of political power.
As a result multiple appeals are
spilling out of San Diego. Mike
Aguirre quite rightly added the
Tom Story criminal case to that
growing list. Wellington did not
like it, so he lost his cool in
court yesterday. This cadre of
insiders intended to
immediately appoint a "special"
prosecutor. Who could they
have had in mind? Casey
Gwinn? Leslie Devaney?
The rest of us can only guess at
the scope of "services" routinely
provided to the developer
community by Tom Story and
his like. The special interests
Story served for 20 years is now
mobilized to send a clear
message to its current insiders
e.g. Jim Waring and Marcella
Escobar-Eck - if you faithfully do
your "duty" to the developers
while on the inside, they will
protect you when you seek your
reward on the outside.
How else are we supposed to
interpret the outrageous antics
of Police Chief Lansdowne, DA
Bonnie Dumanis and Judge
Wellington? They are puppets
of the Establishment.
But Dumanis and Wellington
may have slipped up in their
haste to serve their masters.
Making her submission to
Wellington BEFORE he issued
his ruling barring Aguirre from
prosecuting Story, Dumanis
may have handed Aguirre
exactly what he needs to win
his appeal. As Aguirre pointed
out in court yesterday, Dumanis'
submission to Wellington was
improper and it was improper
for Wellington to read it. As a
Judge he knows that and that is
why he lost his cool yesterday.
He knows it will hurt him on
appeal.
So, does Dumanis routinely do
as she is told by the
Establishment, or does she
ever think first? She could
hardly have given much thought
to her untimely interference in
the Story case. Does she
simply get a phone call from
Kollender or Sanders and
immediately comply?
Compliance is a highly valued
virtue in San Diego today.
It is now up to you and I, the
plain People of the State of
California, to protect our health
and safety from these
developer buffoons. The
Sunroad building is a public
nuisance and a safety hazard to
those of us who fly. I do not
want to read that one of my
long-time flying friends died
because of Sunroad's greed. I
did my first solo from nearby
runway 28R in 1977.
Unfortunately, like most people
who fly, I have lost very close
friends to flying. It is dangerous
enough without Story's and
Wellington's ignoble
contributions.
More New Judges
| NEWS RELEASE SUPERIOR COURT OF CALIFORNIA • COUNTY OF SAN DIEGO Date: 6/23/2009 Superior Court Announces New Court Commissioner San Diego Superior Court judges have selected attorney James T. Atkins to serve as a Court Commissioner. He took the oath of office on Friday, June 19, 2009. Before joining the bench, Commissioner Atkins worked as an associate with Thorsnes, Bartolotta & McGuire. A graduate of the California Western School of Law, Commissioner Atkins holds a Bachelor’s degree in English from San Diego State University. A US Navy veteran, Commissioner Atkins served aboard a nuclear powered fast attack submarine during the Iranian hostage crisis and later aboard a San Diego-based amphibious assault ship. He fills the position vacated by the retirement of Court Commissioner Carol M. Frausto. Commissioners are attorneys selected by the judges of the Superior Court. The Commissioners are given powers to hear and make decisions concerning certain legal matters such a misdemeanors and traffic cases. |
June 3, 2008 Election
Judicial Contests
for San Diego County, CA
League of Women Voters
County Results as of Jun 13 5:09pm, 100.0% of Precincts Reporting
(1893/1893)
34.0% Countywide Voter Turnout (464,981/1,369,496)
Statewide Results as of Jun 25 9:49am, 100.0% of Precincts Reporting
(23398/23398)
27.9% Statewide Voter Turnout (4,490,906/16,123,787)
Judicial
Superior Court Judge; County of San Diego; Office 3Click here for more
info on this contest including known links to other sites
* Blaine K. Bowman .......... 316293 votes 100.00%
Superior Court Judge; County of San Diego; Office 19Click here for more
info on this contest including known links to other sites
* Garry Haehnle .......... 183235 votes 51.77%
* Paul E. Cooper .......... 170704 votes 48.23%
Superior Court Judge; County of San Diego; Office 45Click here for more
info on this contest including known links to other sites
* Evan Patrick Kirvin .......... 201402 votes 56.67%
* Robert Faigin .......... 154012 votes 43.33%
Cancelled Contests not on the Ballot
The following elected offices are not on the ballot because an
insufficient number of candidates applied. All candidates that file win
since they are uncontested.
Superior Court Judge; County of San Diego; Office 1 (1 Elected)
* Cynthia Bashant
Superior Court Judge; County of San Diego; Office 2 (1 Elected)
* David M. Gill
Superior Court Judge; County of San Diego; Office 4 (1 Elected)
* John L. Davidson
Superior Court Judge; County of San Diego; Office 5 (1 Elected)
* Frederic L. Link
Superior Court Judge; County of San Diego; Office 6 (1 Elected)
* Jeffrey B. Barton
Superior Court Judge; County of San Diego; Office 7 (1 Elected)
* Carolyn M. Caietti
Superior Court Judge; County of San Diego; Office 8 (1 Elected)
* Edward P. Allard, III
Superior Court Judge; County of San Diego; Office 9 (1 Elected)
* Steven R. Denton
Superior Court Judge; County of San Diego; Office 10 (1 Elected)
* Earl H. Maas
Superior Court Judge; County of San Diego; Office 11 (1 Elected)
* Jeff Bostwick
Superior Court Judge; County of San Diego; Office 12 (1 Elected)
* David J. Danielsen
Superior Court Judge; County of San Diego; Office 13 (1 Elected)
* Esteban Hernandez
Superior Court Judge; County of San Diego; Office 14 (1 Elected)
* Louis R. Hanoian
Superior Court Judge; County of San Diego; Office 15 (1 Elected)
* Timothy M. Casserly
Superior Court Judge; County of San Diego; Office 16 (1 Elected)
* Timothy W. Tower
Superior Court Judge; County of San Diego; Office 17 (1 Elected)
* Richard G. Cline
Superior Court Judge; County of San Diego; Office 18 (1 Elected)
* Laura W. Halgren
Superior Court Judge; County of San Diego; Office 20 (1 Elected)
* Kathleen M. Lewis
Superior Court Judge; County of San Diego; Office 21 (1 Elected)
* Laura Haas Parsky
Superior Court Judge; County of San Diego; Office 22 (1 Elected)
* Margie G. Woods
Superior Court Judge; County of San Diego; Office 24 (1 Elected)
* Timothy R. Walsh
Superior Court Judge; County of San Diego; Office 25 (1 Elected)
* Marshall Y. Hockett
Superior Court Judge; County of San Diego; Office 26 (1 Elected)
* Richard E.L. Strauss
Superior Court Judge; County of San Diego; Office 27 (1 Elected)
* Linda B. Quinn
Superior Court Judge; County of San Diego; Office 28 (1 Elected)
* Howard H. Shore
Superior Court Judge; County of San Diego; Office 29 (1 Elected)
* Eddie C. Sturgeon
Superior Court Judge; County of San Diego; Office 30 (1 Elected)
* Ronald S. Prager
Superior Court Judge; County of San Diego; Office 31 (1 Elected)
* Gonzalo Curiel
Superior Court Judge; County of San Diego; Office 32 (1 Elected)
* Harry M. Elias
Superior Court Judge; County of San Diego; Office 33 (1 Elected)
* John S. Einhorn
Superior Court Judge; County of San Diego; Office 34 (1 Elected)
* John S. Meyer
Superior Court Judge; County of San Diego; Office 35 (1 Elected)
* Michael T. Smyth
Superior Court Judge; County of San Diego; Office 36 (1 Elected)
* Jacqueline Stern
Superior Court Judge; County of San Diego; Office 37 (1 Elected)
* Lisa Guy-Schall
Superior Court Judge; County of San Diego; Office 38 (1 Elected)
* Judith F. Hayes
Superior Court Judge; County of San Diego; Office 39 (1 Elected)
* David M. Szumowski
Superior Court Judge; County of San Diego; Office 40 (1 Elected)
* Alvin E. Green, Jr.
Superior Court Judge; County of San Diego; Office 41 (1 Elected)
* William R. Nevitt
Superior Court Judge; County of San Diego; Office 42 (1 Elected)
* Robert J. Trentacosta
Superior Court Judge; County of San Diego; Office 43 (1 Elected)
* Desiree A. Bruce-Lyle
Superior Court Judge; County of San Diego; Office 44 (1 Elected)
* Charles R. Gill
Superior Court Judge; County of San Diego; Office 46 (1 Elected)
* Browder Willis
Superior Court Judge; County of San Diego; Office 47 (1 Elected)
* Carol Isackson
Superior Court Judge; County of San Diego; Office 48 (1 Elected)
* Daniel Bruce Goldstein
Superior Court Judge; County of San Diego; Office 49 (1 Elected)
* Peter L. Gallagher
Superior Court Judge; County of San Diego; Office 50 (1 Elected)
* Richard S. Whitney
Superior Court Judge; County of San Diego; Office 51 (1 Elected)
* Ronald L. Styn
Superior Court Judge; County of San Diego; Office 52 (1 Elected)
* Laura J. Birkmeyer
Judicial Contests
for San Diego County, CA
League of Women Voters
County Results as of Jun 13 5:09pm, 100.0% of Precincts Reporting
(1893/1893)
34.0% Countywide Voter Turnout (464,981/1,369,496)
Statewide Results as of Jun 25 9:49am, 100.0% of Precincts Reporting
(23398/23398)
27.9% Statewide Voter Turnout (4,490,906/16,123,787)
Judicial
Superior Court Judge; County of San Diego; Office 3Click here for more
info on this contest including known links to other sites
* Blaine K. Bowman .......... 316293 votes 100.00%
Superior Court Judge; County of San Diego; Office 19Click here for more
info on this contest including known links to other sites
* Garry Haehnle .......... 183235 votes 51.77%
* Paul E. Cooper .......... 170704 votes 48.23%
Superior Court Judge; County of San Diego; Office 45Click here for more
info on this contest including known links to other sites
* Evan Patrick Kirvin .......... 201402 votes 56.67%
* Robert Faigin .......... 154012 votes 43.33%
Cancelled Contests not on the Ballot
The following elected offices are not on the ballot because an
insufficient number of candidates applied. All candidates that file win
since they are uncontested.
Superior Court Judge; County of San Diego; Office 1 (1 Elected)
* Cynthia Bashant
Superior Court Judge; County of San Diego; Office 2 (1 Elected)
* David M. Gill
Superior Court Judge; County of San Diego; Office 4 (1 Elected)
* John L. Davidson
Superior Court Judge; County of San Diego; Office 5 (1 Elected)
* Frederic L. Link
Superior Court Judge; County of San Diego; Office 6 (1 Elected)
* Jeffrey B. Barton
Superior Court Judge; County of San Diego; Office 7 (1 Elected)
* Carolyn M. Caietti
Superior Court Judge; County of San Diego; Office 8 (1 Elected)
* Edward P. Allard, III
Superior Court Judge; County of San Diego; Office 9 (1 Elected)
* Steven R. Denton
Superior Court Judge; County of San Diego; Office 10 (1 Elected)
* Earl H. Maas
Superior Court Judge; County of San Diego; Office 11 (1 Elected)
* Jeff Bostwick
Superior Court Judge; County of San Diego; Office 12 (1 Elected)
* David J. Danielsen
Superior Court Judge; County of San Diego; Office 13 (1 Elected)
* Esteban Hernandez
Superior Court Judge; County of San Diego; Office 14 (1 Elected)
* Louis R. Hanoian
Superior Court Judge; County of San Diego; Office 15 (1 Elected)
* Timothy M. Casserly
Superior Court Judge; County of San Diego; Office 16 (1 Elected)
* Timothy W. Tower
Superior Court Judge; County of San Diego; Office 17 (1 Elected)
* Richard G. Cline
Superior Court Judge; County of San Diego; Office 18 (1 Elected)
* Laura W. Halgren
Superior Court Judge; County of San Diego; Office 20 (1 Elected)
* Kathleen M. Lewis
Superior Court Judge; County of San Diego; Office 21 (1 Elected)
* Laura Haas Parsky
Superior Court Judge; County of San Diego; Office 22 (1 Elected)
* Margie G. Woods
Superior Court Judge; County of San Diego; Office 24 (1 Elected)
* Timothy R. Walsh
Superior Court Judge; County of San Diego; Office 25 (1 Elected)
* Marshall Y. Hockett
Superior Court Judge; County of San Diego; Office 26 (1 Elected)
* Richard E.L. Strauss
Superior Court Judge; County of San Diego; Office 27 (1 Elected)
* Linda B. Quinn
Superior Court Judge; County of San Diego; Office 28 (1 Elected)
* Howard H. Shore
Superior Court Judge; County of San Diego; Office 29 (1 Elected)
* Eddie C. Sturgeon
Superior Court Judge; County of San Diego; Office 30 (1 Elected)
* Ronald S. Prager
Superior Court Judge; County of San Diego; Office 31 (1 Elected)
* Gonzalo Curiel
Superior Court Judge; County of San Diego; Office 32 (1 Elected)
* Harry M. Elias
Superior Court Judge; County of San Diego; Office 33 (1 Elected)
* John S. Einhorn
Superior Court Judge; County of San Diego; Office 34 (1 Elected)
* John S. Meyer
Superior Court Judge; County of San Diego; Office 35 (1 Elected)
* Michael T. Smyth
Superior Court Judge; County of San Diego; Office 36 (1 Elected)
* Jacqueline Stern
Superior Court Judge; County of San Diego; Office 37 (1 Elected)
* Lisa Guy-Schall
Superior Court Judge; County of San Diego; Office 38 (1 Elected)
* Judith F. Hayes
Superior Court Judge; County of San Diego; Office 39 (1 Elected)
* David M. Szumowski
Superior Court Judge; County of San Diego; Office 40 (1 Elected)
* Alvin E. Green, Jr.
Superior Court Judge; County of San Diego; Office 41 (1 Elected)
* William R. Nevitt
Superior Court Judge; County of San Diego; Office 42 (1 Elected)
* Robert J. Trentacosta
Superior Court Judge; County of San Diego; Office 43 (1 Elected)
* Desiree A. Bruce-Lyle
Superior Court Judge; County of San Diego; Office 44 (1 Elected)
* Charles R. Gill
Superior Court Judge; County of San Diego; Office 46 (1 Elected)
* Browder Willis
Superior Court Judge; County of San Diego; Office 47 (1 Elected)
* Carol Isackson
Superior Court Judge; County of San Diego; Office 48 (1 Elected)
* Daniel Bruce Goldstein
Superior Court Judge; County of San Diego; Office 49 (1 Elected)
* Peter L. Gallagher
Superior Court Judge; County of San Diego; Office 50 (1 Elected)
* Richard S. Whitney
Superior Court Judge; County of San Diego; Office 51 (1 Elected)
* Ronald L. Styn
Superior Court Judge; County of San Diego; Office 52 (1 Elected)
* Laura J. Birkmeyer
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