A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Third Quarter 2017

BAR BRIEFS

Santa Cruz CountySuperior CourtWelcomes its

Newest Judge

2Santa Cruz County Bar Association July, August, September 2017

340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org

President: Burleigh Cooper: 423-5031 Past President: Nathan Benjamin: 600-8405Secretary: Nancy de la Pena: 454-2032Treasurer: James Eschen: 466-0753Directors At Large: Emily DuBois: 458-0502 Angela Hoyt: 479-6234 Eric John Nelson: 588-4818 Andrew Janecki: 459-0427 Ashley Wheelock: 471-7170

Executive Director: Lolly Belanger: 423-5031Editor: Burleigh Cooper: 423-5031Newsletter Layout/Design: Evelyn Volpa: 685-3314

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, its officers, directors, members, or the editor.

Editorial submissions to Bar Briefs are welcome. However, we accept no responsibility for the custody or return of materials submitted for publication.

All submissions for publication become the exclusive property of SCCBA. All rights reserved.

Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.

Copyright © 2017 SCCBA

Santa Cruz CountyBar Association Calendar ............................................................ 03

President’s Message ......................................... 04

Articles

Judge Baskett ............................................... 08

Access to Justice - LRS .................................... 10

Criminal Cases e-filing ..................................... 11

Letter from CRLA ........................................... 18

Awards

April 19 Awards/MCLE ................................... 06

Bench Bar Liaison ............................................... 15

Events/Photos

May 30 MCLE ................................................. 12

Advocates June 1 Mixer ................................... 13

2017 Scrabble Tournament ............................. 19

Pulse Line .......................................................... 20

Burton, John - Monterey Bay Mediation Services ............... 13

City of Pacific Grove ............................................................ 13

Cottle, (ret) Justice Chris - Mediation/Arbitration ............... 14

Creekside Court Reporting ..................................................14

Hartsell Olivieri - Shorthand Reporting ...............................12

Haussler, Lu - Mediation .................................................... 11

JAMS - The Resolution Experts ...........................................05

LaBoskey, Monica Katz ....................................................... 11

Premo, Steve - Legal Research/Writing .............................. 14

Pulone - Reporting Services ............................................... 09

Rummonds, James - Legal Consulting ............................... 12

Sayler Legal Service ........................................................... 20

Stone, Larry, MFT .............................................................. 14

TABLE OF CONTENTS

AD

VER

TISE

RS

IND

EX

3Santa Cruz County Bar Association July, August, September 2017

Burton, John - Monterey Bay Mediation Services ............... 13

City of Pacific Grove ............................................................ 13

Cottle, (ret) Justice Chris - Mediation/Arbitration ............... 14

Creekside Court Reporting ..................................................14

Hartsell Olivieri - Shorthand Reporting ...............................12

Haussler, Lu - Mediation .................................................... 11

JAMS - The Resolution Experts ...........................................05

LaBoskey, Monica Katz ....................................................... 11

Premo, Steve - Legal Research/Writing .............................. 14

Pulone - Reporting Services ............................................... 09

Rummonds, James - Legal Consulting ............................... 12

Sayler Legal Service ........................................................... 20

Stone, Larry, MFT .............................................................. 14

July

Aug

Wed 12

Tues 18

Fri 21

Thurs 27

Wed 23

Wed 13

Thurs 14

Tues 19

Thurs 28

Sept

SCCBA Real Property SectionNo meetings in July and August

SCCBA Estate Planning Section No meetings in July, August and September

Bench-Bar Meeting 12:15 p.m., Dept. 5, Santa Cruz Superior Court. Send agenda items to andrewjanecki@gmail.com.

The Advocates Regular monthly meeting at 5:30 p.m. at Humble Sea Brewing Co., 820 Swift St., Santa Cruz. Learn more athttp://theadvocates.santacruzbar.org/

Investiture of Judge Kim E. Baskett 4:30 p.m., Dept. 5, Santa Cruz Superior Court. Reception to follow.

SCCBA Attorney Anthony Radogna presents, “Avoiding a State Bar Complaint.” 12:00 – 1:15 p.m. at the Back Nine Restaurant, 555 Hwy 17, Santa Cruz. One unit MCLE general credit. Cost is $35 for members; $40 for non-member attorneys, $30 for judges and non-attorneys. RSVP by July 21 at www.santacruzbar.org or contact SCCBA, 831-423-5031 or sccbar@sbcglobal.net.

SCCBA No meeting in August

The AdvocatesRegular monthly meeting at 5:30 p.m. at Shanty Shack Brewing, 138 Fern St., Santa Cruz, CA. Learn more at http://theadvocates.santacruzbar.org/

SCCBA Real PropertyAttorneys Dinah Sapia and Thomas Griffin present “Partition: It’s What King Solomon Would Do.” 7:15 a.m. at the Back Nine Restaurant. Cost: $29.00 (whether or not you eat breakfast) plus an additional $10.00 for MCLE credit. RSVP to Edward Chun at echun@pcg-llp.com. Checks made payable to Penrose Chun & Gorman LLP, 1200 Pacific Avenue, Suite 260, Santa Cruz, CA 95060.

SCCBA Fall FlingJoin us for the annual Fall Fling celebration. Enjoy oysters, tacos, libations, networking and more. 5:00 – 7:30 p.m. at Rancho Soquel, 1461 Old San Jose Rd. in Soquel, CA. Contact SCCBA at 831-423-5031 or sccbar@sbcglobal.net.

The AdvocatesRegular monthly meeting at 5:30 p.m. at Beer Thirty, 2504 S. Main St., Soquel, CA. Learn more at http://theadvocates.santacruzbar.org/

SCCBA Attorney Craig Needham presents, “Law Practice Stressors: Balancing a Personal and Professional Life.” 12:00–1:15 p.m. Brown Bag Lunch, Santa Cruz Courthouse, Dept. 5. Cost: Free; $10 for one unit MCLE competence credit. Contact SCCBA, 831-423-5031 or sccbar@sbcglobal.net.

MCLE

MCLE

MCLE

4Santa Cruz County Bar Association July, August, September 2017

by Burleigh E. Cooper, Esq.

President’s Message

Looking Ahead

It is an honor and a privilege to serve as President of the Santa Cruz County Bar Association, and I thank the SCCBA members for their kind words and offers of support during the recent transition. I am also thankful for the opportunity to work on new and existing projects with the talented and committed SCCBA Board of Directors and SCCBA Executive Director, Lolly Belanger. I remain mindful and appreciative of the significant and ongoing contributions by my predecessors - large shoes to fill indeed.

Our collective efforts are guided by the three foundational pillars set forth in the SCCBA Mission Statement:

“The mission of the Santa Cruz County Bar Association is to diligently promote meaningful access to justice for all persons, to provide educational and social opportunities for all of its members, and to ensure leadership on major issues affecting the profession, including the preservation of the independence of the legal profession and the judiciary.”

Think Global, Act Local: This has been an interesting year so far, to say the least, dominated in large part by seemingly unending national and international political developments. As we approach the “Back Nine” of 2017, and with the above Mission Statement in mind, I encourage a return to the focus on local and community issues where substantial positive and lasting change is readily achievable.

Access to Justice: I am excited to continue the efforts to develop and enhance “Access to Justice” for those under-served persons and populations in the County - most notably through the Spanish-language outreach program by the Lawyer Referral Service. These efforts are already yielding results, and I encourage all Spanish-speaking attorney members to consider joining the LRS attorney panel.

Educational & Social Opportunities: In addition to the Annual Meeting, monthly MCLE luncheon events and award luncheons, the SCCBA is gearing up for the annual Fall Fling which, following last year, should be quite an event. This is your Bar Association, and I welcome feedback and input regarding educational and social events. Is there a topic or area of law you believe should be covered in an upcoming MCLE luncheon event? Are you interested in presenting an MCLE at an upcoming luncheon? Do you have an idea for a “non-traditional” social event?

Leadership On Issues Affecting the Profession - Going Paperless: In 2016, the Santa Cruz County Courts took a large step into the future by adoption of the Tyler Case Management System and e-filing. With e-filing now mandatory for all civil filings, all criminal pre-trial documents must be e-filed effective July 1, 2017 as “Phase 1” of a three phase system which is expected to result in the mandatory e-filing of all documents in criminal cases in 2018. As with the civil adoption, the SCCBA and the Courts will continue to work collaboratively to support the criminal e-filing transition as well as to address other issues, big and small, pleasant or otherwise, that affect member practitioners and their staff.

Lastly, I encourage all of you to review the upcoming event calendars for the SCCBA and its subsections at our website: www.santacruzbar.org.

Wishing all of you a pleasant summer season!

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5Santa Cruz County Bar Association July, August, September 2017

6Santa Cruz County Bar Association July, August, September 2017

April 19, 2017SCCBA MCLE and Annual

AwardsSpeaker: Presiding Judge Denine Guy“State of the Courts”

Rollie Hall Award Recipient: David Fulton

7Santa Cruz County Bar Association July, August, September 2017

8Santa Cruz County Bar Association July, August, September 2017

On May 22, 2017, Governor Edmund G. Brown appointed long-time Court Commissioner Kim E. Baskett Judge of the Santa Cruz Superior Court. The judicial vacancy was created by the conversion of the existing Court Commissioner position effective November 25, 2015. The press release by the Governor’s Office may be found at https://www.gov.ca.gov/news.php?id=19800.

Judge Baskett was gracious enough to sit for a lengthy interview on June 7, 2017 regarding her new assignment, path to the bench and meanderings along the way.

She attended Leigh High School in Silicon Valley then obtained her B.A. in Bio-Science with a concentration in molecular biology and a minor in chemistry from San Jose State University. In addition to working various jobs, she and her father ran Pacific Pack & Pants, an outdoor gear store located on Pacific Avenue in Santa Cruz,

California, until she was inspired to attend law school in 1989 by a local trial concerning the downtown business corridor. Judge Baskett commenced her studies at Monterey College of the Law in the fall of 1989. With a laugh, Judge Baskett recalls the enthusiastic support of her husband (now-retired Santa Cruz County Sheriff’s Deputy Larry Griffin) as she commenced her legal studies while working full time at the outdoor store and raising her then-two year old daughter, Alisha. Then, two weeks into her law school career, the Loma Prieta Earthquake struck which ultimately led to the closure of the outdoor gear store given the damage to the downtown corridor. While in law school, Judge Baskett began working for the Santa Cruz County Counsel’s Office as a paralegal then subsequently as a Certified Law Student for which she won a Gold Award recognizing her major contributions. After graduating law school in 1993, she began working as an Assistant County Counsel, occupying the position vacated by Judge Akao’s election to the bench, where she remained until her appointment as Traffic Referee in 2003 followed by her appointment as County Commissioner in 2004. While at the County Counsel’s office, she tried hundreds of bench trials while rising to Supervisor of the Torts Division of the County Counsel’s Office. During her 10 year tenure, she handled matters including general tort litigation including state and federal civil rights cases, child dependency petitions, and representing elected officials including the County Treasurer-Tax Collector, Auditor, Assessor, Public Guardian and Sheriff. On the personal side, Judge Baskett holds a red belt in Tai Kwon Do, maintains a rose garden and freshwater

There’s a New Judge In Town

9Santa Cruz County Bar Association July, August, September 2017

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By: Burleigh E. CooperSCCBA Board President

aquarium, and roots for the Oakland Athletics and Oakland Raiders. Her present reading list includes forensic DNA typing, and local volunteer/charitable activities including Monterey College of the Law, Fallen Officer’s Foundation, CASA and Teen Peer Court. On the maternal side, she is a direct descendant of Daniel Boone’s brother noting that on the paternal side, her ancestors fought on both sides of the civil war.

Following her informal swearing in ceremony on June 1, 2017 at the Santa Cruz County Courthouse (Main), Judge Baskett has been assigned to a new third

misdemeanor court in Department 4 commencing July 10, 2017. Judge Baskett looks forward to her formal investiture scheduled for 4:30 p.m. on July 21, 2017 in Department 5, Santa Cruz Superior Court. All are welcome to attend, including a reception to immediately follow at the courthouse.

10Santa Cruz County Bar Association July, August, September 2017

byJake Eschen, Esq. SCCBA Board Treasurer

Last spring, the Santa Cruz County Bar Association’s board determined that it wanted to focus on engaging with the county’s large and growing Spanish-speaking population. The Association’s active Lawyer Referral Service was an

obvious tool with which to reach out, but LRS had some glaring impediments. Neither of its staff, and few of its member lawyers, spoke Spanish.

Clients who spoke no English have had LRS consultations before. A friend or family member has called LRS to schedule an appointment for them or they worked through a social-service agency. But going

through a third party means imposing on intimates or absorbing the time of agency staff. It also means sharing confidential information with others, leaving the information unprivileged from disclosure. The lawyer referral service-client privilege, unlike the lawyer-client privilege, does not protect communications made in the presence of others to further the client’s interest (compare Evidence Code § 965(b) with id., § 952.

The SCCBA board authorized executive director Lolly Belanger to recruit Spanish-speaking volunteers to schedule consultations and Spanish speaking lawyers to consult with, but using volunteers was a challenge. The LRS staff needed

to tell potential clients when to expect a return call from someone speaking their language, but volunteers had no incentive to show at the appointed time. Belanger turned to Monterey College of Law and UCSC to create internships for students needing work experience. LRS currently has three students earning creding by helping interview and book appointments for Spanish-speaking clients.

One of those UCSC students is third-year psychology major Estefanie Perez, who grew up in Soquel speaking Spanish.

Perez, also a volunteer with the Walnut Avenue Women’s Center, is thinking about going to law school. She has found at LRS that she has “learned to be more patient” instead of getting frustrated when speaking to people under stress, certainly among the most important of lawyers’ secret talents. She also enjoys talking to attorneys, seeing how they react to the clients she describes to them.

To attract lawyers, the Bar Association’s board of directors authorized Belanger to offer free LRS memberships to Spanish-speaking lawyers new to the service until June 30, 2017. David Terrazas, one of a half dozen attorneys who took her up on the offer, practices employment law and civil litigation at the Brereton Law Firm. The Brereton firm emphasizes community involvement in general, and has a longstanding history of participating in LRS. Terrazas learned Spanish from his grandparents, who, like Perez’s parents, came from Mexico, and seeing clients through LRS was his way to increase access to legal services. He even plans to continue with LRS next year while sitting in the mayor’s chair at City Hall.

Neither Belanger, Terrazas nor Perez see any great differences between the legal problems of LRS’s Spanish-speaking and English-speaking clientele. Terrazas discovered that many of his LRS clients seek education about their legal rights and obligations in a language they understand. The Spanish-language outreach has achieved success: LRS lawyers have seen four times as many Spanish-speaking clients in the first four months of 2017 than they did a year earlier. By reaching out to

a new population, LRS advances one of the key components of the Bar Association’s mission, “to diligently promote meaningful access to justice for all persons.”

Increasing Access to Justice: Lawyer Referral Service

InternEstefanie Perez

Intern Monique Guzman

InternEsther Arviza

11Santa Cruz County Bar Association July, August, September 2017

Criminal Cases: Mandatory E-Filing of Trial Documents & Reporter Transcripts

SCCBA Annual Fall Fling

September 14, 2017 5:00 - 7:30 p.m.

$35 per person includes oysters, tacos, soft drinks and libations

Invitations to follow. Open to all.

Interested in sponsoring this event? Please call lthe SCCBA at 831-423-5031

By: Burleigh Cooper, Esq.

In furtherance of the continued integration of the Tyler Case Management System and related e-filing, on June 8, 2017, the SCCBA sponsored a presentation by the Santa Cruz County Courts regarding the mandatory e-filing of pre-trial documents in all criminal cases effective July 1, 2017 per Local Rule 1.3.02.

Presenter Tim Newman, Court Administrative Services Manager, set forth a three phase system of the adoption of mandatory e-filing in criminal cases as follows:

Phase 1 July 1, 2017: Trial Documents & Court Reporter Transcripts

Phase 2 September, 2017: Additional Permissive e-filing to include Prop. 47 applications and petitions as well as 1203.4 Petitions.

Phase 3 January 1, 2018: Expansion of mandatory e-filing documents in criminal cases.

To get started go to: http://www.odysseyefileca.com/service-providers.htm. Once you pick the e-filing Service Provider (EFSP) you would like to use for e-filing you will be able to go through their tutorial on how to do e-filing. Santa Cruz Superior Court’s local rule regarding e-filing is posted on the Local Rules page, see rule 2.7.05. Mr. Newman also created a power point presentation, copies of which are available on the Court’s website.

12Santa Cruz County Bar Association July, August, September 2017

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SCCBA President Burleigh Cooper with speaker Peter Brazil

May 30, 2017

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City of Pacific Grove Request for Qualifications (RFQ) RFQ# 17-16-06

The City of Pacific Grove requests qualifications-based proposals from firms to provide the City with legal direction of municipal affairs and provide a broad range of routine legal services. The Request for Qualifications Solicitation is at: http://www.cityofpacificgrove.org/doing-business/bids-rfps Interested firms are required to submit: A statement of qualifications in a digital format (PDF or MS Word) to cityclerk@cityofpacificgrove.org. All statements for qualifications must be received no later than 5:00 p.m. on Friday, July 14, 2017.

14Santa Cruz County Bar Association July, August, September 2017

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15Santa Cruz County Bar Association July, August, September 2017

Bench Bar Liaisonby Andrew C. Janecki, Esq. SCCBA Director at Large

On June 6, 2017, SCCBA Executive Director Lolly Belanger and Board member Andrew Janecki met with Alex Calvo and Presiding Judge Danine Guy to discuss recent developments affecting the Santa Cruz Superior Court.

In light of Judge Baskett’s recent appointment to the bench, Judge Guy and Alex Calvo would like to thank and acknowledge the Pro Tems who regularly filled in on Traffic/Minor Violations for Judge Baskett, especially during her year of training in Misdemeanor Court. Specifically, the Bench would like to thank: Mark Johannessen, Marcia Jue-Pelio, Syda Cogliati, Robert Patterson, and Nathan Benjamin. They also expressed their appreciation of Pro Tems Heidi Simonson and Stephen Grant who fill in for Commissioner Jana Kast-Davids. Starting July 10, 2017, Judge Baskett will be in Dept. 4 overseeing a misdemeanor and minor violations calendar. Judge Gallagher will be relocating to Dept. 10 where he will continue his current assignment handling civil and probate matters.

Other changes at the court include new rules and forms starting on July 1, 2017. The rules have been completely reformatted and changes have been made, so the Court asks that Bar members take time to review the changes at http://www.santacruzcourt.org/forms-filing/local-rules. In addition, Civil Tentative Rulings also start on July 1, with the first Court date on July 3. Learn more at: http://www.santacruzcourt.org/node/86.

Judge Guy provided information on upcoming changes to the California Rules of Court made by the Judicial Council in May. The rule changes impact Rule 5.425 Limited Scope Representation; Application of Rules, and will go into effect September 1, 2017. New and amended Rules of Court are available on the California Courts website at http://www.courts.ca.gov/3025.htm.

On the funding front, Alex Calvo discussed the fact that the Court’s Budget was essentially flat for the next fiscal year. As a result, the Self-Help Center will lose a ½ time attorney position, reducing the number of attorneys in that office from 2 ½ to 2. More promising is the Court’s recent award of two judicial grants: one to develop a text-notification system for jurors and litigants, and one to expand and coordinate the various collaborative courts, including Behavioral, Veterans, Parolee re-entry, and Family Preservation.

On the criminal law front, there was a recent presentation on the Interstate Compact for Adult Offender Supervision (ICAOS) by Anthony Pennella, Deputy Compact Administrator at the June 2nd Criminal Justice Partners meeting in Dept. 5. Deputy Administrator Pennella discussed the application, scope and procedures set up by ICAOS. Quite a few participants to the June 6th meeting were previously unaware of ICAOS and surprised at the broad applicability of ICAOS, which can dramatically effect even relatively low level criminal defendants.

The next Bench Bar meeting is scheduled for July 12, 2017 at 12:15 p.m. in Dept. 5.

Mark Your Calendars for the Senior Legal Services Charity Golf Tournament on August 25. Details will be emailed out this month.

Call 831-426-8824 to register your team.

16Santa Cruz County Bar Association July, August, September 2017

SCCTLA Elbow Rub May 12, 2017

17Santa Cruz County Bar Association July, August, September 2017

18Santa Cruz County Bar Association July, August, September 2017

An Open Letter to the Santa Cruz County Legal Community

To the Santa Cruz County Legal Community:

Nestled quietly between East Lake Avenue and East Beach Street in downtown Watsonville, California Rural Legal Assistance, Inc. (CRLA) is a leading advocate for the rights of low-income individuals and families in Santa Cruz County. Since 1966, CRLA (formerly Legal Aid Society) has provided legal information, advice, referrals, and direct legal services to members of our community who are otherwise unable to defend against or struggle to assert their rights in unfair and unlawful situations. CRLA advocates, including licensed attorneys, Community Workers, support staff, and volunteers, provide essential legal resources to aid individuals whose sense of security is limited by their socioeconomic or legal status, language skills, physical or mental disabilities, or inability to navigate the complex legal system.

CRLA’s Watsonville office and our Santa Cruz and Hollister satellite offices primarily serve residents of Santa Cruz and San Benito Counties. However, the majority of our client base is concentrated in the cities of Santa Cruz and Watsonville. Our team of legal advocates help impoverished individuals and families: maintain decent and affordable housing; claim unpaid wages and stand up against discrimination in the workplace; maintain economic stability by helping them retain crucial public benefits; enjoy equal access to quality public education; and assist members of the LGBT community to petition for legal name and gender changes and assert their rights to fair treatment in housing and employment. To say the least, our impact in Santa Cruz County is widespread, and likely has more effects than we can monitor or quantify.

Throughout the decades, advocates have worked tirelessly to assert and enforce individuals’ civil rights, despite the usual challenges that come with working in an often under-resourced nonprofit law office. Unfortunately, once again, CRLA, along with other legal services providers across the nation, are at the brink of financial crisis. CRLA currently receives about half of its funding from the federal Legal Services Corporation (LSC), which the current federal administration proposes to completely defund in the proposed budget sent to Congress recently. A severe cut to CRLA’s federal funding could result in the loss of about half of the organization’s lawyers, who represent low-income tenants, workers, disabled, and disadvantaged individuals across rural California. A significant decrease in resources for CRLA will not only mean that we will have to serve fewer Santa Cruz County residents who seek our services, but may also limit our ability to partner with local organizations and the private sector to help the most vulnerable individuals in our communities.

To this date, we have been fortunate to receive the support of local legal advocates and community members. We appreciate your continued support during this uncertain moment. Together, we work towards bettering the lives of individuals throughout Santa Cruz County, providing equal access to justice for all in our community.

Sincerely,California Rural Legal Assistance, Inc. – Watsonville

19Santa Cruz County Bar Association July, August, September 2017

Thanks to all of your generous contributions we raised $3,175 to be split between the Law Library and the Teen Peer Court Program. First Place Competitive Division: Elaine Spitz-Berke. First Place Recreational Division: Dave Moody.Top Placing Student: Alex Silva.

Renee Fleming, Law LibrarianSanta Cruz County Law Library

SCRABBLE TOURNAMENT

8th Annual Scrabble TournamentMarch 18, 2017

20Santa Cruz County Bar Association July, August, September 2017

What are your thoughts with respect to the appointment of Robert S. Mueller by the Department of Justice as Special Counsel to investigate Russian interference, and related concerns of collusion by the Trump campaign, in the 2016 Presidential election?

So if I’m advising Trump (an oxymoron?), here’s what I’d say: Welcome Mueller. Promote Mueller. Praise Mueller. “Let’s get to the bottom of this collusion issue. There’s nothing to hide. All contacts were above boards and legitimate.”

-Jim Rummonds

If this “circus” was looking for more clowns, Mr. Mueller is the wrong guy. There is justification for his appointment, only because of President Trump’s firing of FBI Director Comey, something he had the right to do, but under questionable circumstances.

-Jeff Bosshard

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