The Court Reporter

Members of the Ventura County Diversity Bar Alliance and Women Lawyers of Ventura County met with Mr. Joshua Groban, who is Gov. Jerry Brown's senior advisor for Policy and Appointments, last week in Los Angeles.

"The meeting was a result of our written request to the Governor earlier this year.  We had a frank discussion with Mr. Groban about the need for diversity on the judicial bench in our county," said Attorney  Jill L. Friedman, of Ventura.

Friedman agreed to answer questions for the Court Reporter blog:

Q: When was the Ventura County Diversity Bar Alliance formed and what is goal of the organization?

The Diversity Bar Alliance was formed in January and its mission is for the advancement and empowerment of women, people of color, and those historically underrepresented and disenfranchised in the legal profession, through education and advocacy in order to promote equal justice for our community and achieve excellence and diversity in our legal profession.

Q: How many members belong to the Alliance?

There are about 120 members.

VCDBA is comprised of the presidents from each of the minority bar sections in Ventura County: Ventura County Mexican American Bar Association; Women Lawyers of Ventura County; Ventura County Asian American Bar Association; and Ventura County Black Attorneys Association.

Q: Why is diversity on the bench important when the law is the guiding factor in the decision-making process?

 Diversity is vitally important to achieve fair and equal justice because judges, like all people, view facts through the prism of their own life experience.

Studies have shown that the human brain is hard wired to use shortcuts in analyzing situations based on stereotypes we hold about those we encounter. When people surround themselves with others who look and think like them, it only serves to reinforce those stereotypes, not challenge them. Judges need to decide facts without resorting to stereotypes because each situation is unique, and generalizations have no place in the process.

Diversity on the bench helps to break down stereotypes and increase the chance that cases will be decided on an accurate assessment of the facts.

The law is the guiding factor, but a judge applies the law to the facts as the trier of fact decides them, so it is critical that those deciding the facts do so without allowing stereotyping to inform the decision making process.

For a more in depth analysis of how diversity or a lack thereof impacts actual justice, see Michael Nava's law review article  The Servant of All: Humility, Humanity, and Judicial Diversity, 38 Golden Gate U. L. Rev. 175 (2007-2008).  See also the bibliography at www.aallnet.org/caucus/bllc/judicial-diversity-bibliography.pdf ,Voices of America: Enhancing Diversity on the Bench By Cynthia Loo,  http://www.laprogressive.com/voices-america-enhancing-diversity-bench-2/

Q: How does Ventura County rank in the state as far as diversity on the bench?

Among the worst: See http://www.judicialselection.us/judicial_selection/bench_diversity/index.cfm?state=CA for diversity on the bench statewide in California, and compare those statistics with our local bench.

We have no Latina judges, no African American judges, no Asian American judges and few women judges. The Judicial Council's Administrative Office of the Courts has also compiled demographics for the bench in each county and Ventura ranks among the bottom in terms of diversity.

Q: What were you told by Mr. Groban when you met with him last week?

Mr. Groban made it very clear to us that he and the Governor seriously take into consideration diversity, are aware of the importance of diversity, and are committed to diversifying the bench. 

He encouraged VCDBA to continue its efforts at increasing the pipeline of qualified minority candidates by telling our members to apply now and not to wait until there are more vacancies on the bench.

He also provided us with some great insight into the appointment/decision-making process as well as what the Governor is looking for in a qualified candidate - e.g., intellectual curiosity, judicial temperament, diverse life experiences, excellence in whatever field, reputation and being known in the community. 

Q: Are there going to be any follow-up meetings or discussions with Mr. Groban or perhaps, Gov. Jerry Brown, about diversity on the bench?

Yes, all of us who attended the meeting with Mr. Groban on Sept. 27 were pleasantly surprised  by how open and candid he was with us, and receptive to our concerns.

We all thought that meeting went very well and was productive.  We walked away encouraged by what Mr. Groban told us, and felt positive about the prospects of improving the diversity of our local bench. We are also now more familiar with this administration's protocol for assessing applicants and their objectives when making judicial appointments.

Q: Are there any plans to raise funds to support  women or minority judicial candidates who the association supports or endorses?

At this time VCDBA does not have plans to conduct any fundraising and is focused on educating our members and the community-at-large about the judicial appointment process and the continued need for diversity on the bench.

BIRMINGHAM-- A federal jury on Wednesday convicted Birmingham police officer for using excessive force when he beat a handcuffed defendant in 2007, according to the U.S. Attorney's Office and the FBI.

The jury deliberated less than an hour and a half hour before finding Corey L. Hooper, 34, guilty of depriving the civil rights of Martez Gulley when he repeatedly struck the man with his hands and fists while Gulley was handcuffed and secured in the backseat of a patrol car on September 6, 2007. The jury found Hooper not guilty of a second charge of using excessive force when he fired an X26 Taser stun gun at another handcuffed defendant on August 4, 2007.

"Few police officers violate their oaths to uphold the law and protect the public, but those who do must be held accountable, as this defendant was today," U.S. Attorney Joyce White Vance said in a press release. 

"Police officers who abuse their authority undermine the dedicated men and women who put their lives on the line every day," FBI Agent Robert E. Haley stated. "The sentence handed down today sends the right message to those in law enforcement who would engage in such conduct."

Hooper is scheduled for sentencing February 27.

Hooper could face a maximum sentence of 10 years in prison and a $250,000 fine.

JOHNSTOWN, PA - A man who put a cross in the front yard of a minor victim who was socializing with a black juvenile and spent a few minutes in the woods watching the cross burn is facing up to 20 years in  prison, according to the U.S. Attorney's Office.

Ryan M. Held, 21, pleaded guilty Tuesday in federal court to Interfering with housing, stated authorities

"Every citizen has the right to be safe in their own home, free from racial intolerance and intimidation,"  U.S. Attorney David Hickton stated in a press release. "We will continue to aggressively investigate and prosecute criminals whose actions are driven by bigotry and hate."

Held saw the white minor victim socializing with a few friends, one of whom was a black juvenile. Just before midnight, Held returned to the property and put a cross in the front yard of the female victim, according to federal authorities.

"Held spend a few minutes laying in the woods bordering the property watching the cross burn and waiting to see if anyone emerged from the residence," federal authorities stated.

Held will be sentenced in February, officials stated.

The FBI conducted the investigation.

A defendant accused of being involved in a crash that killed a 20-year-old Ventura College student last year will ask for a change of venue on Wednesday when the case is set for a jury trial.

Businessman Satnam Singh's lawyer David Lehr has a tough legal road ahead to prevail in changing his client's jury trial for gross vehicular manslaughter while intoxicated to another county.

The law states that simply saying that Singh got bad press doesn't mean that he will get his trial moved.

Singh, 50, of Ventura, struck Nick Haverland, who was riding his bike to Ventura College for an exam, and narrowly missed a friend riding with him. Singh then drove to his Ventura home less than a mile away, police said.

Police officers said Singh, who appeared to be very intoxicated, had been involved in a series of accidents before he hit Haverland, including crashing into a mother and her 13-year-old daughter who were on bikes. Both suffered broken arms.

Basically, a defendant is entitled to a change of venue if his attorney can prove that an impartial jury cannot be impaneled.

The California Supreme Court adopted a standard set forth by the U.S. Supreme Court's 1966 Sheppard vs. Maxwell: The state guideline is set in the 1968 case of Maine vs. Superior Court: A criminal action must be transferred if there is a "reasonable likelihood" that without a change of venue, the accused will not receive a fair, which violates due process clause of the constitution.

The law states that a defendant cannot simply say that because of "adverse publicity" he is entitled to a change of venue. But a defendant must prove in court through public opinion surveys or testimony that this adverse publicity has saturated the jury pool, according to the 1970 case Clift vs. Superior Court.

Under the California penal code there are five factors a court needs to consider in deciding to grant a change of venue: 1) the nature and gravity of the offense. 2)size of the county. 3)The status of victim and accused. 4)the nature and extent of the publicity. 5)the existence, if any, of political overtures in the case.

Word has it that Ventura County Superior Court Judge James Cloninger in Courtroom 27 plans to retire.

Two attorneys who are eyeing the vacant post are veteran prosecutor Michael Lief and Defense Attorney Ron "Who Represents the Star on First Amendment Issues" Bamieh.

"It's official I'm thinking about it," Bamieh stated later, adding that his decision to run for office depends on whether his good friend, Attorney Bob Calvert, decides to run.

The matter came up today at the courthouse hallway.

Outgoing veteran prosecutor Bill Haney said he will support Lief and was surprised to learn that Bamieh was considering a judicial run.

Bamieh who arrived later also appeared surprised that I found out from sources about his possible run for the judicial post if it becomes vacant.

Laughing,  Haney said he's definitely going to support his friend Michael Lief and even plans to do some of the grunt work for Lief: putting up campaign signs.

The easygoing Haney who is a tough prosecutor, and Bamieh, a former prosecutor, were at a hearing today in the Jane Laut murder case.

Haney, who is leaving the District Attorney's Office after 17 years to go into private practice, often trades playful taunts and teasing with Bamieh.

Today was no different.

After the Laut hearing,  Bamieh said "you can quote me on this" when I asked some questions about the Laut case.

With a raised voice, he proceeded to tease Haney who was a few feet away. Bamieh said that the real reason Haney was leaving the district attorney was because Haey was afraid to go to trial against him.

Haney 's laughter immediately filled the hallway when he heard this, and he muttered a curse word as he walked away, grinning and shaking his head.

 Another rumor at the courthouse is that Bamieh wields some kind of influence at The Star newsroom on story coverage.

That is completely false, utterly ridiculous, and quite frankly, silly.

However,  two prosecutors who have tried to get judges to gag Bamieh in a couple of criminal trials, including a murder case, made arguments with no basis in fact that Bamieh has influence on how to cover a story and when a reporter should be in court.

The two DAs made these arguments with straight faces in front of two judges.

In a white-collar-criminal case,  a judge temporarily granted the prosecutor's request and gaged Bamieh. Later and after Bamieh filed his legal opposition papers, the judge lifted and denied the gag order.  In the murder case, the judge rejected the prosecutor's arguments for issuing a gag order, saying that there was no legal basis for it.

Pssst, seriously: This is how it works.  It's called the First Amendment. I cover the courts so I spend a lot of time there, and I get paid to be a journalist.

A few defendants who are involved in high-profile criminal cases including Jane Laut have hired Bamieh to represent them, and I write about high-profile cases.

It's not that complicated.

If an editor at the Star or any newspaper ever told me that certain stories or people were taboo because of who the person is or the subject matter involved, I would put my stuff in a box, walk out of the newsroom door and never look back.

It's never happened, and I have worked at four different newsrooms in the last 30 years.

LOS ANGELES - Three members of the Pueblo Bishops Blood, a violent South Los Angeles criminal street gang, were found guilty of federal racketeering, narcotics and gun charges, according to the U.S. Attorney's Office.

The three - Kevin Eleby, 48,  known as "L," Jason Davis, 26, known as "Lil' G-Red," and Rashaad Laws, 35, "Big Time" - were among 46 defendants charged as a result of the investigation targeting the Bishops Blood, say federal officials.

  The convictions came following a four-week trial were the trio was convicted of engaging in narcotics and firearms trafficking, murder, witness intimidation and armed robbery as part of the gang's efforts to terrorize and control the Pueblo del Rio housing projects in Los Angeles, according to federal officials.

Eleby and Davis are facing a mandatory sentence of 30 years in federal prison. Laws faces a mandatory minimum sentence of 10 years behind bars, stated federal authorities.