News Scrapbook 1988

San Diego. CA (S n D1•110 Co.I .,.,n,ng T,/t,un• (Cir. o 123,064) SEP 2

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San Diego, Tuesday, September 27, 1988 Just last year, again at behest of the Legis- lature, the state bar established an overseer on ethical matters. His title: disciplinary monitor. Chosen for the job was a man al- ready enjoying a reputation as something of a tiger - the onetime "Nader raider" from Washington, Robert Fellmeth, now a law professor at the University of San Diego. Stirred to action, the state bar ord~red sanctions against 281 of its members, a record number, in 1987. Of these, 106 were disbarred or they resigned with charges pending. Another 123 were suspended. But with 1,500 other "hardcore" cases still .,?""_ Fellmeth is pushmg more reforms. These are embodied in a new bill by state Sen. Robert Presley, D-Riverside, who chairs the Senate backed up in ~he investigatory pipeline, Historically, the state bar's disciplinary court has relied on the volunteer services of some 450 member lawyers and a handful of "public members" to hear cases for disci- Fellmeth felt that however praiseworthy their motives, ~uch p~nels we;f unl~kely to command publ,c confld~nce. Ii. susp1c1on of of foxes guarding the henhouse - seemed inev_itable wit~ mainly l~wyers _de- ciding questions of ethical behavior agamst fellow-practitioners. Thus, tne Presley bill, SB 1498. It would replace the state bar court's legion of volun- teers with independent, full-time administra- tive law judges and review judges, all to be chosen by the state Supreme Court. The in- vestigative staff would be bolstered, at sala- ries to match those paid by other state agen- cies. Increased costs for these reforms would continue to be covered out of annual bar dues - already scheduled to reach $440 in 1990. bias - Judiciary Committee. pline or disbarment.

tate bar:;; rf cleaning up its act starts

San Diego, CA (San Diego Co.I Da ily Transcript (Cir. D. 10,0001 8 1988

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tions campaign." Charlie Bird of Luce, For- ward Hamilton & Scripps ac- cepted a pro bono award for his col- league Tim Pestotnik. The annual dinner of California Women Lawyers and the National Association of Women Judges may have been the longest ever, accor- ding to observers. It began shortly after seven Friday night and ended with a standing ovation for former New York Congresswoman Bella Abzug around 10:20 p.m. "I don't know if I was ever going to get up here tonight," Abzug said at 9:24 when she started. "If all of this longwindednes~ is an example of your fortitude keep doing it." Su- perior Court Judge Judith Mc- Connell and Munic1pal Court Judge Susan Finlay were both re- cognized during the dinner, as was Deputy District Attorney Denise McGuire.

this Friday? The County Bar's 10th annual blood drive will benefit 5- year old Erica Villa-Gomez, a leukemia victim undergoing treatment at Children's Hospital who faces a possible bone marrow transplant in the near future. The Blood Bank's van will be parked in the circular driveway at the county courthouse downtown between 9 a.m. and 2 p.m. Call Julia Gar- wood at 239-0414 for more infor- mation. • * • • • Monterey Bar Scenes: Michael Crowley handed out September issues of D,cta. Justice Howard Wiener of the Fourth District Court of Appeal and University of San Diego law professor Hugh Friedman discus- he unday Bush Dukakis debate. Judith Copeland plowed through a novel about Hong Kong during the Conference of Delegates; a non-San Diego dele- gate did the crossword puzzle as Chief Justice Malcolm Lucas spoke. County Bar pubhcist Jan Hey- ing found good restaurants - again. law professor Bob Fel~hshowed up as a last minute substitute for Board of Governors member Richard An- notico on a panel htl •d · Why Are They Saying All Those Terrible Things About Lawyer~?" Said Bar discipline monitor Fellm.,th'. Law- yers can't "get rid of the attorney discipline problem by a public rela- USD

San Diegans kept a high profile during the State Bar's annual meeting last weekend in Monterey. Colin Wied was sworn in as Bar president on Sunday. In addition, John Seitman became a member of the Bar's Board of Governors; Bill McCurine joined the Execu- tive Committee of the Conference of Delegates, and Regina Petty was installed as a member of the Board of Directors of California Young Lawyers Association. Both McCurine and Petty are with Gray, Cary, Ames & Frye. Superior Court ,Judge Barbara Gamer and Municipal Court Judge Susan Finlay joined the LawBriefs

by Martin Kruming

Therein, of course, lies the rub. Revolt is executive board of the California brewing within ranks of the state bar, some Judges A~sociation. members feeling they would prefer an or- Stale en. Larry Stirling ganization along the lines of a trade associa- received the Legislator of th tion and not a police force. Award. s might be expected, one of the loudest San D1egans on panels mciuded: voices of discord is heard in Orange County, •Chief Judge Gordon Thomp- which nurtures a fear and loathing of gov- son on "Unraveling the Mysterie, ernment at all levels. Vernon Hunt heads the of Fedei'al Court. , Al Hartiinian Orange County Bar Association, faS t e st of Luce, Forward, a member of the growing in the state. He takes a dim view of State Bar's Committee on Federal the reform movement. "There's absolutely no need for it _ the Courts, helped put the session to- public isn't demanding it," Hunt told the ge th er ABA Journal. "Yet, the state bar is going to •Lee Mchlvary on "Written force it on us. The sole reason is public rela- Fee Agreements: Pr vention and tions. This is Just another of those trendy Resolution nf Attorney,Client Fee things we're screwing up our profession Disputes." with." •Stacey Sullivan on "Practic- But what about the PR. of all those law- ingEthicaliyandSuccessfully." yer jokes? 7 • •Judge Thomas Murphy on "Survivors Benefit.~ of Retirement

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• private practitioners covered by insurance pay an average $5,829 a year for such protec- tion.) Extent of the bar's disciplinary problems came to public attention in 1985 with a sting- mg ries of stories in The San Francisco Examiner. A team of investigative reporters d1 covered that the ranks of California's 95,000 licensed lawyers included many wbo them elve had been convicted of crimes, m t mvolvmg cheating of clients. One had burglarized his client's market. Other. in luded a drug smuggler, a stock . windier, the bagman in a bribery scheme - even a ch1ld molester. The Examiner found that these and many lesser offenders had urvived California's system for lawyer dis- c1phne and "till were doing business. Indeed, nearly five times more members

had been suspended for failing to pay their bar dues than for offenses committed agamst clients or the public. The state's quasi-official regulatory sys- tem seemed in no hurry. When the newspa- per exposes rocked it three years ago, more than 4,000 allegations of serious misconduct were found ianguishing m files of the state bar without prospects of settlement. Response in the Legislature came more swiftly. The bar, which operates as a regula- · tory arm of government, wa denied its an- nual authorization of fees until assuring lawmakers there would be some reforms. Many of the organization's other functions were placed on "hold" while enforcement procedures were beefed up. In addition to the increased staffing, complaints are now tracked by computer.

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840)

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Plans m Marital D1ssolutitm." Jon Epstein on "Superman and Other Short Subjects." Judith Copeland, Jim Hen- nenhoefer, Helen Rowe and Jim Talley on "Knowing the Law lb Not Enough." Rebecca Prater moderated. * * * Can you spare a few moments

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San Diego, CA (San Diego Co.) San Diego Newsline (Cir. W. 15,000)

~oa soccer - The host USD m~n•s team beat Cal State San Bernardino, 4-0. The Toreros' scorers were Eric Deutsch, Jaso.!]_Pearson, Denis Langhans and Trong Nguyen. ;;2_ o/ '5' 5' _;.:;;.-r- 1 I

SEP 27 1988

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' Ralph Nader says no to no-fault, yes on 103

R ,;z~~k :ilph Nader, intrtpld idol of 1hc fonsumtr monm<·n1, look part in a de halt· on 1hc fil"c h;1ll01 insurance inilla- til{'S ~t \ISi> <'ll Stp1emher 18 Nader :11hoc111·d p:1ss'.t~1: or Proposition HM (Voln Hn oil t<> ( ut lnsuran e Rat{'S), ,, hilt his ,!(,hating opponent, I.aw l'rofrssor .Jl'ffrq o·conn{'l (llniver. i1y of \ lrginla), argunl for "no fault" l'rop 10 l. A pa11cl of four others ll p,err-rmfi'i the campaigns of Props IO0, 10 :\, JO 1 and l06, n11dc Slatcm,·nts and askl7il qul'StHins of Nader amt O'Connell 1 he Prop. IOI campaign "'as lnvilnl, hnl r{'fusrd to join the dd>ate, :,flcr hd11g rdused the same amount of timt· a N:iclcr ancl O'C.onndi The pro pram 11a, spommnl h} lJ ·n Sd10ol of I I\\ and thl' San Diego l.:111 ttnie,, <"omplrn-,r.rnsrripts of the e, cnt arc 1, .1il.ihl,· for 5 thro\1gh the IISD law S(lwoi lor acldltional inform:uion on l'rop to~ . rdn 10 the artid · i11 News- 1/w•. (p:1gl' l\\ o) in last\\ <'t'k's i sue(. <·p ll'lllh!'r 20) or CCllll:1( I \'oltr Hnolt to < 111 h,s111.1t1l(' lhll'' (l<)9 05 iO), I j 19 llllilTr;it} ll'. Suire 20\ S:111 Diq~o. CA '1210:\ . lhe IOj <,1mp:11g11 1irf1l'11tl} IHTd, lllOJW} for grassroors our rc·aC'h. '1 h '} \\ ill nor hC' able ro afford 1d<·1 ision tin1t· I lu- lm11r:inu· ind11str) \I ill spt·nd mer 1 111ill1on to ronfus< :111<1 pre:id 11111 r;tg1"011s Ii(, in thdr adH·t tising 1''d> I .J\\ Sd1ool (atting) lk:in (ir:tnt 1orrl sale! 111:11 ;t ro1:1l of:1ho111 mil lion will lH' sp< nt for :tll(I ag:iinst :ill Ii\'· 111 111;1111 c· propositions, more 1han on ,111) l'i('( tlon to cl,IIC- in lh(· 11 'i "ith thl' < up1io11 ofth( 1981 prc·sltk11ti;d r:un I'· 1g11 n 1lph .uler c·xpi:tin('(I in his 111w11it1J' ,1;11<·111,·m 1ha1 th<· prohkm of 111 111 IIH ,, f, luscd on t lw lnj11ri,·s of 1111111, 11ul, of , i<:tims of :1>110 crashes, h;varchiu, prochrcr 11m,1(e drugs. tox ic pollu1:t111, and d.111gnnu, < hilclrt·m to}, lfr tll'fn1detl tlw 11,11i11n's t ommon law tori sys rem tha1 has noh ('(I a J rod11ct llahlllly dottrint· ,~hlch hc < :Ill{'(( :1 sign of true lqpl progress 'I he r<·'t1lting hi,tor> of rh.rt '-}'ll'm has !)('en hH n•;1s111g rc-,pcrt lor the injur('d . nd 1hc· sick, :111<1 th:H perpur:11ors of lnf11 ri<-s han lwtn h< Id w hl1,:hn Ind, of rt''(H>11sihllit for rompu1,.nion . N:1dc·r lwli<'l('S tlw 1ort sysrc·111 ha, 1h11,

companies." "Insurers have on the ballot (Prop. 101) a provision (of 24,000 words) that will rewrite the insurance laws in the im- age of Aetna and Signa and State Farm. It will cut the rights of people to challenge insurance company bad faith and practice .. If thar isn't enough, it is pushing Prop. 106 which is designed to make certain not that lawyers don't make too much money but that they be forced to make so little on contingency that they can't afford to take a complex personal injury suit or class-action en- , ironmental suit-some of which take ten years of arduous legal labor. Th:tt "ill tic the hands of the victim who is trying to get a qualified, rprsistcnl law- }er IO fight the insurance companies and manufacturers, and Prop. 106 will allow the manufacturers and insurers to pay their lawyers as much as thn want to .. Iook for more eomml'nts h) ·N;ider ,rnd information on Prop. IO~ in this space later. Jackson Browne sings for Christle Institute Rock/folk superstar singer, peace and social justice activist Jackson Drowne, his hand and special guests are on tour to benefit the Christie Institute's Iran/contra investigative project and the l.1 Penca Lawsuit . Please attend and sup- port the benefit concert when Jackson Browne appears in S:in Diego on Sawr- day, Nm ember 5. The exciting program is at 8 Pl\l, Civil: Theatre in the Commu- nity Concourse (downtown, Third Av. at D Sr). Tickets for the concert will he a\'ailable through Tickctmastcr and Mad _lack 's tcrco stores. Avery special recep- tion will follow the conccn backsragc where guests will personally meet Jack- son Browne, other celebrities and Chris- tie Institute leaders. Tickets for the reception ( 100.) include a prime scat for the concert, refreshments and a chance to discuss with celebrities and Christie organizers how George Bush has been involved with Noriega, drug peddling, the contras, 1he Ayarollah, and wilh the tcrroris1s and assassins that make up the "s hadow government" which is intent on subl'erting the U.S. Constitution, the will of Congress and the American people. Community leaders and ph ilan-

product defects and has strengthened the accountahiiit)' of the powerful to the public. Nader said contingen~y fees case. (where a percentage of the award is paid to the attorney if the case is won, hut no1hing is collected if the case fails), are the only alternative for poor victims to he represented because they can't af- ford the S100-f 200 per hour lawyer rate, and so they can take on giant corpora- tions am! institutions. The insurance industry collects a to- tal of over $170 billion a year in property and casualty insurance premiums from millions of consumer and businesses, according to ader. From 1976-1986 the insurance industry made 81 billion in profits (.source General Accounting Office), upon which not a cent in fccl- cral income taxes was paid, ader ci~imecl lie attacked the weak fcder~l and state regulation of insurance com- panies. California is one of the states where 1he insurance industry is exempt ct! from anti-trust laws that other inclus- rrics must acllwre to (Prop. 103 will overturn that exemption). Nader at talked California Insurance Commis- sionn Hoxani (,illcspic (a Deukmejian :ippointc<") for la ring plans 10 suh,·ert the 1\ iii of the electorate Gillespie told a lcgi. lathe hearing on Sqncmher 16 that she mar cxcmr,t several insurers from compliance with rate slashing sections of Prop. 103 if it passes. Nader accusnl (;ilkspic of working for the insurance companies rather than consumers and rioted her hchavior has dt monstratcd the need for an clcc1cd insurance com- m I. sinner a Prop. 103 would require. Nader \aid the insurance companies, "Would likr ro elimimte pain and suffer- ing l'Ompensation. ·1hey arc moving to rcqrilt the rights of the most vulncra- hle people.. the injured, sick, brain- damagcd, infants, disabled and senior citizens They would relegate the state of the human being under our laws to rhat of a damaged car. Thc}"d also like to eliminate joinl and several liability- which would nipple our ability to res- 1r,1in toxic polluters .. If they had the p

Norman Gary, UC Davis entomologist and amateur jazz musician, doesn't seem to mind being dressed in bees for photographer Bill Ballenberg. Photo was included in new book, 'A Day in the Life of California. Pictorially, San Diego has a. fine day

Rnl{J/J ,\ 'nderal l 'SD, September 18. 1988. f'huto by JimJacohsun thropists :ire 11rgcn1ir needed to be memhns of che " l lost" commit1cc for this concert and reception . Hosts' names ll'ill appt·ar in the pn>gram if they help to sell or purchase at least 10 tick- ets to the reception f'or resen·alium or information on the reception onlr, please call 272 <;97 L Christie Institute urgently needs funds to take i1s lawsuit to the Washington, D.C. appeals court and to make the truth known to the pub- lic on how George llush, Oiil'er North anl\_.lhc entire "secret team" are traitors 10 the U.S. sptt·m of democracy. 1he Conscicution and the Bill of Rights. Christie is also in debt from work on in- terviewing willlesses and taking deposi- tions for the contragatc case, so plc:ase help in organi7ing for this concert and reception. This is another way to sup- port peace and jus1ice work and to con vey critical information to truir patriotic American citi7cns, so 1hcy know how important it is 10 n>te in N01·ember and who to l'Otc for! Dy support ing this Christie lawsuit project, you are work- ing to preserve Am1:rican democracy for you. your children and generations of unborn! Our work on this cat1sc can also help sa\'C the planet from the environ- mental des1ruc1ion that will be the res ult if Dush is elected IO carry on the Reagan policies of exploiting 1he world 's peo- ple and the planet's resources to benefit the· few, the powerful :md the wealthy! •

On April 29, 1988, California and Californians posed for 100 photographers from the United States, Spain, Austral;a , France, Argentina, Canada, Israel, Iran, Japan and Great Britain. Now the book "A Day in the Life of California" is· a reality and will be on sale by Nov. 1, featuring 275 photog aphs culled from 100,000. Among those works chosen was that of San Diego Union pho- tographer Michael Franklin, who went to Chico for the day. Au- thors of the book are Rick Smo- lan and David Cohen. San Diego County had its im- ages, too: • Of Carol and Dan Blumberg in their new home, with the men- tion. that the average cost of a house in this town is $160,000; • Marines running at Camp Pendleton, drill instructor Ronald G. Smith, and sailors in Horton Plaza. • University of sa11 Diego sh1- dent Mark Wyckoff emerging

a yearling elephant seal back into the ocean. • A client in rollers under a hair dryer at the Oceanside Col- lege of Beauty. • Migrant workers field-pack- ing strawberries near the Mis- sion of San Luis Rey, and Father Agustin Ortiz of the mission talk- ing to a man from Oaxaca. • Laura Fuentes and Susan Mccomber in leotards for ad- vanced dance class at Chula Vista High School. • People peeking through holes in the U.S.-Mexican border fence and a view of a Border Patroi car and officer, framed by the flags of California and the United States. • An off-duty Marine in Carl's Tavern in Vista. • Princess Kitty, the 2-year-old dancing Siamese, rehearsing for her performance for the san Diego Humane Society. All were part of the day in the life of the state.

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The cover of "A Day in the Life of California" features Nya Hessler of Shelter Cove straight out of the surf, posing for photogra- pher Bradley Clift. from the Price Club with a giant box of Surf and equally enormous bag of popcorn. • Off the coast, two Sea World animal-care specialists releasing