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					        The Marin Lawyer
                                                                 The Marin Lawyer



                                       An Official Publication of the Marin County Bar Association
                                       An Official Publication of the Marin County Bar Association


 January 2008                                                                                                         Volume 39, Issue 1

GENERAL MEMBERSHIP MEETING
2008 INSTALLATION DINNER
BENEFITTING THE JEANETTE PRANDI CHILDREN’S CENTER                                                         Calendar of Events
                                                                                                           Jan. 12th
     The 2008 Installation Dinner will be held on Saturday, January 12,                                    2008 Installation Dinner, 6 pm
2008 at the Mill Valley Community Center. The festivities begin with a                                     Jan. 15th
social and cocktail hour at 6:00 pm, followed by dinner at 7:00 pm. This                                   Barristers’ Social, 5:30 pm
year’s Installation includes a live singing performance by the teen a cappella                             Jan. 16th
group, “’Til Dawn,” and an appearance by Noah Griffin, a local Mill Valley                                 Probate & Estate Section Meeting
                                                                                                           2 – :30 pm
singer and speaker. Noah attended Harvard Law where he continued his
singing career. In addition to his singing, Noah was a talk show host for                                  Jan 17th
                                                                                                           Civil Procedure Update, 5 – 8 pm
many years on KGO radio as well as a television personality. He was also                                   Real Property Section Meeting
a syndicated print columnist for the Hearst Examiner.                                                      2 – :30 pm
                                                                                                           Jan. 22nd
     The Master of Ceremonies for the event will be Paula Kamena, who was                                  Personal Injury Update, 5 – 8 pm
the Marin County District Attorney from 999 to 2004, immediately prior to                                 Jan. 23rd
Ed Berberian. The Honorable William Stephens (Ret.) will administer the                                    ADR Section Meeting, 2 – :30 pm
oath for this year’s slate of Officers and Directors: President-Elect, Marlene                             Jan. 24th
Getchell; Treasurer, Beth Jordan; Secretary, Otis Bruce, Jr.; Five Year Past                               Diversity Section CLE Program
                                                                                                           4 – 6 pm
President, Dave Feingold; and Directors, David Brown, Todd Duplanty,
Michael Fish, Jessica Karner, and Dennis Kavanagh.                                                         Jan. 28th
                                                                                                           Probate & Trusts Mentor Group
                                                                                                           2 – :30 pm
     Invitations were mailed in December. If you did not receive one, contact
                                                                                                           Jan. 30th
the MCBA office for more information on meal choice and cost. Please send                                  Family Law Update, 5 – 8 pm
in your invitation today to this fabulous event!
                                                                                                           Look for details each month in
                                                                                                           The Marin Lawyer


In This Issue                                               TOWARD A SAFER COMMUNITY
President’s Message ................................2       By Joe Spaeth, Marin County Public Defender
A Fresh Start ......................................... 3
Mock Trial Needs Your Support ........... 4                      The most desirable outcome for a successful
MCBA Annual Judges Luncheon.......... 5                     criminal justice system is to make one’s community a
Career Day Event A Sucess................... 6              safer place to live. Although some offenders must be
                                                            removed from society, for many persons in Marin’s
Volunteer For A State Bar Committee... 9
                                                            criminal justice system a better way to make our
MCBA Survey....................................... 9
                                                            neighborhoods safer is to help offenders overcome
MCLE Compliance Deadline.............. 6
                                                            problems that led them to commit criminal acts.
New Members/Change of Scene ......... 8
The Marketplace ................................. 9
                                                                 Our current system often seeks to accomplish
 David Brown was guest editor of this                       that goal only through jail or the threat of jail. With
 issue of The Marin Lawyer. Philip R.                       jail population rising, the consensus among some
 Diamond is Series Editor for 2008.                                                                                       (Continued on page 11.)
                                                                                                                                               
                                                The Marin Lawyer

                                                                      This small but affected grouping of our youth is
                           PRESIDENT’S                           served by many of you by your advocacy for their rights
                           MESSAGE                               and protection. The agencies, collaborative partnerships,
                                                                 and programs in our community that are in place to sup-
                           LET’S HAVE A GREAT                    port and assist these vulnerable victims are worthy of our
                           YEAR                                  best efforts of support. It is for that reason I identified
                           By Edward S. Berberian
                                                                 the Jeannette Prandi Children’s Center as an example of
                                                                 just one of these community collaboratives that support
                                “Let us remember that, as        our young. There are many other very worthy entities in
                           much has been given us, much          this county that desire our support.
                           will be expected from us, and
                         that true homage comes from the              I urge our committees and sections as they begin
heart as well as from the lips, and shows itself in deeds.”      their planning for the year to see if there are programs
                                      ~Theodore Roosevelt        or initiatives that will target our youth and that would be
                                                                 assisted by your respective good works.


     Welcome to 2008!                                                 If any of you have a particular interest in a project or
                                                                 program for this year that will support the goal of having
                                                                 our Bar “connect with the community” and reach out to
     This is my first opportunity to address you about what      the young, let me hear from you.
I hope will be an exciting and challenging year.

                                                                     Let’s have a positive and engaging year.
     My desire is that our Bar will provide both relevant
and meaningful service to the community we serve, par-
ticularly as it touches the youth. We will be supporting
programs and initiatives that directly touch the lives of this
segment of our citizenry. Programs that support careers
in the law, internships in both private practice and public
legal service, moot court competitions, and parent-teen
programs discussing the legal rights of the minors are
among the successes we have presented and intend to
continue to offer.


     The vast majority of our youth have positive experi-
ences in their lives and are supported by their families.
Unfortunately, however, there is a segment of our youth
whose memories consist of night terrors, memories of
being cold because they are sleeping in a car, mom or
dad leaving them alone to score another bag or to just
run down to the tavern for another beer. Their memories
of the holidays consist of nightmares related to hearing
their parents fighting or screaming at one another. Or of
one or both of their parents physically abusing them, or
even worse, waiting for the door to open and knowing that
someone is going to creep into their room and do things
to them that make them feel so ugly.


2
                                                 The Marin Lawyer

                                 A FRESH                         have pending criminal charges in any jurisdiction;
                                 START:
                                                                     • Must have paid all restitution in the underlying
                                 ExPUNGEMENT                     criminal case; and
                                 OF CRIMINAL
                                 CONVICTIONS IN                       • Cannot have received a prison sentence (although
                                 MARIN COUNTY                    an alternative form of relief is available – the Certificate of
                                 by Michele Berrong, Deputy      Rehabilitation – see Penal Code section 4852.0 et seq.).
                                 Public Defender

                                    If you have made                 Procedural Steps for Expunging a Criminal Case
                                mistakes, there is always        in Marin County
another chance for you. You may have a fresh start any
moment you choose, for this thing we call 'failure' is not             In order to initiate the expungement process in Marin
the falling down, but the staying down.”                         County, a Petition and Order for Expungement must be
                                         -- Mary Pickford        filed with the Marin County Superior Court Clerk’s Office
                                                                 in Room C-10. (Practitioners are required to use Judicial
      The Marin County Expungement Project, brainchild of        Council Form CR-180, available on the California Courts
Assistant Public Defender Jose Varela and Deputy Public          website: www.courtinfo.ca.gov.) A separate CR-180 form
Defender Elizabeth Berg, was initiated approximately three       needs to be filed for each case being expunged. Filing fees
years ago with the goal of helping clients with criminal         are $20 (per case). Local Rule 2.3 provides that, once
convictions re-enter the workplace. It also assists clients in   filed, the District Attorney has 30 court days in which to
rebuilding their lives by minimizing the stigma of prior con-    file an opposition to the petition, and if opposed, a hearing
victions. Through partnering with local community groups         is set within 2 court days of receipt of the opposition.
and by participating in community outreach, the project,                                                 (Continued on page 13.)
a pilot program of the Marin County Public Defender’s
Office, has expanded considerably since its inception,
currently providing a full array of post-conviction relief
and participating in the drafting of proposed legislation
to streamline the updating of convictions expunged at the
county level. “Our goal is to continue to expand services
to the community – and to equip the community, including
the legal community, with the resources and basic infor-
mation regarding post-conviction relief available in Marin
County,” Varela said.

     The basic prerequisites and procedures for seeking
expungement in Marin County follow. Clients that do not
qualify for the services of the Public Defender are referred
to the Legal Self Help Center of Marin where additional
information and assistance may be obtained.

    Prerequisites for Expungement Under Penal Code
Section 1203.4

     In order to be eligible for expungement, a person:

     • Must be off probation in all jurisdictions and cannot
                                                                                                                               3
                                               The Marin Lawyer

MOCK TRIAL NEEDS YOUR
SUPPORT                                                            Every trial is unique and lasts a little over two hours.
                                                               Each lawyer, witness, bailiff and clerk is scored on a  to
By Joel Gumbiner and Dennis Kavanagh*                          5 basis by volunteer Marin County attorneys, including
                                                               many MCBA members.
     Hollywood producer, Jes Markson was murdered.
Alex Palmer, a former tenant of Markson and part time               Mock Trial is a national program. Students all over
movie stuntperson, goes on trial for the crime next            the country are currently working on the same case,
month. The Prosecution will try to admit the results           People v. Palmer. Almost 600 high schools participate
of the controversial new “memory mapping test” that            in California alone. Approximately 40 county winners
measured defendant’s brain activity when shown stimuli         in California will compete at the state competition in
like photos of the crime scene. The Defense will move          Riverside. The California champion competes in the
to exclude that evidence under the California Supreme          national competition against most of the other 49 state
Court’s so-called “Kelly test”. Among the witnesses            champions. In 2005, Tamalpais High School was the
are a famous television/movie actor, a well-known Hol-         California and National champion. The Tam team con-
lywood agent, and high-powered expert witnesses.               sistently sets a high bar for all Marin schools.


     The trial(s) will take place all day on Saturday,              The Marin County Bar Association will again help
January 26, 2008, and the following Saturday, February         sponsor this outstanding competition. MCBA members
2, at the Marin courthouse. Many of Marin County’s             are urged to support this program, which you can do in
Superior Court Judges will preside. Marin lawyers will         a number of ways:
score the students’ performances.
                                                                    • Come to the competition. Bring your high
     Seven high schools in Marin County will participate       school and middle school-aged kids. See what this ex-
in the competition this year: Tamalpais, Redwood, Bran-        citing, dramatic and intellectually challenging program
son, Drake, Marin Catholic, Marin Academy and Terra            looks like.
Linda. The students and their lawyer/teacher coaches
received the case in September and are hard at work
preparing to try it four months later.                               • Volunteer to be a scoring attorney. Watch a
                                                               few trials, score the students’ performances and provide
                                                               a little feedback afterwards.
     Got preconceived ideas about students pretending
to be witnesses and lawyers? Forget it. These kids are
amazing. The trials look real.                                     • Volunteer to be a judge during a scrimmage.
                                                               Most teams scrimmage other teams in December and
                                                               January. Marin County rules prohibit intra-county
      The pretrial lawyers argue the admissibility of scien-   scrimmages so Marin teams travel out of county, and
tific evidence, fielding difficult constitutional questions
from the judge, and citing Supreme Court cases and the                                              (Continued on page 14.)
opinions of the nation’s leading experts on “memory
mapping.”


     The trial teams consist of three trial lawyers and
four witnesses each. These talented students give open-
ing statements and closing arguments, conduct direct
examinations of their own witnesses and probing cross-
examinations of the other side’s witnesses. Witnesses
respond in character. Objections fly. Lawyers argue
them. The judge rules. Bailiffs swear in witnesses
and clerks keep time (because every part of mock trial
is timed just like a chess match).

4
                                                 The Marin Lawyer

MCBA ANNUAL JUDGES
LUNCHEON IN REVIEW
By Kimberly B. Fitzgerald, Marin County Deputy Public
Defender

     The Annual Judges Luncheon held on November
28, 2007, was once again one of the most attended
events of the year. Assisting Presiding Judge Verna
Adams, who will become the Presiding Judge in 2008,
discussed the state of the court and future assignments.
For the next two years, Judge Adams will focus on
continuing the work of her predecessor, Judge Duryee.
For example, Judge Dufficy is working on streamlining
misdemeanors; a settlement conference program in Pro-       (l to r) Houman Chitsaz, Phil Diamond, and Barri Bonapart.
bate currently has a 00% success rate in settling cases;        Presiding Judge Lynn Duryee spoke strongly about
and volunteer attorneys are assisting pro per clients in    pro bono work and bar members giving back to the
divorce cases, to mention a few programs.                   community. On behalf of the Marin County Superior
                                                            Court, she presented Service Awards to the following
                                                            members of the bar for their outstanding work this past
                                                            year: James Proctor, Phil Diamond, and Joel Franciosa
                                                            received awards for their work as mediators; Karina
                                                            Rodriguez-Matzen and Judith Beck received awards
                                                            for their work in the family law area; Jack Rauch and
                                                            Dori Ahana received awards for their work in the field
                                                            of criminal law; Matt White received an award for serv-
                                                            ing as a volunteer judge of small claims appeals and as
                                                            judicial liaison to the court; and Ron Ravani and Marta
                                                            Osterloh received awards for their work in juvenile
                                                            court and juvenile drug court. Congratulations to all.
Hon.Lynn Taylor and Hon. James Ritchie (foreground right)
enjoy some conversation.

     The departments of the court were also reorga-
nized to reflect the number of cases that currently
pass through the Marin County Superior Court. Al-
though Judges Boren and Graham have been trying
serious felony cases in Riverside County to assist in
that court's backlog of trials, both are due to return
to Marin in spring 2008. The judges will retain their
current assignments as their two year rotation began
in January 2007.


     Some changes will occur regarding the assignments      MCBA Past President Jeff Lerman (r) gives President-Elect Ed
for commissioners in 2008 as follows: Commissioner          Berberian (l) some words of wisdom.
Goldfine – traffic/misdemeanor trials; Commissioner
                                                                 Lastly, this luncheon also served as the November
Huebach - juvenile/LPS until April 1st and then mis-
                                                            General Membership meeting for MCBA and the elec-
demeanor calendar after April st; and Commisioner
                                                            tion for the 2008 Officers and Directors for the Marin
Chernus - juvenile/LPS after April 1st.
                                                            County Bar Association was held. The membership
                                                                                                    (Continued on page 15.)
                                                                                                                           5
                                                        The Marin Lawyer

CAREER DAY EVENT A SUCCESS                                                 as the most challenging aspects of their positions. Also
                                                                           covered were the educational paths necessary for the vari-
By Robynn Gaspar, Executive Director of the Marin County Bar               ous fields, and the potential salary ranges for each area.
Association

     On December 5th the st Annual MCBA Career Day                              The first panelist to speak was David Brown, Chief
event, entitled "So You Want To Be A Lawyer, Judge or                      Deputy in the Marin County Public Defender’s Office.
Paralegal", in partnership with the Marin County Office                    David mentioned that contrary to popular belief obtaining
of Education (MCOE), the Marin County Superior Court                       a position in the Public Defender’s office is very competi-
and the Marin County District Attorney's Office was held.                  tive, with 00 applicants for every  job. The best aspect
Three local high schools participated; San Marin, Novato                   of the job is helping people get their lives back, and the
and Drake High Schools sent groups of seniors from their                   worst aspect is losing a case and seeing a client go off
Advanced Placement (AP) Government and AP History                          to prison. David has also worked on death penalty cases
classes.                                                                   which are the greatest challenge of his job as the stakes are
                                                                           obviously very high.
      Ken Lippi, Director of the MCOE’s School to Career
Partnership introduced the program. This is the second col-                     Next up was David Vogelstein, a private criminal
laboration MCBA has done with the MCOE this year; the                      defense attorney. David stressed the tension between
first program was our Law Day program specially designed                   working hard and throwing yourself into your work and
to introduce teens to the law. Ken mentioned another com-                  keeping balance in your life. This is a constant issue for
ponent of the School to Career Partnership is internships                  criminal attorneys. He also mentioned that criminal law
some of which are done at the Civic Center at the District                 is the lowest paid of all legal specialties.
Attorneys office or the Public Defenders office. Ken then
introduced MCBA president Jeff Lerman who introduced                            Ed Berberian, District Attorney for Marin County,
the panel and served as moderator for the program.                         then told the audience how his job is to make the criminal
                                                                           defender’s life miserable. Ed agrees that he enjoys criminal
     To ensure the teenagers not think the program would                   law for the challenge and not the money. He feels his big-
be dry and boring, Jeff asked the students to write down the               gest responsibility is to remember the families that have lost
conclusion of the phrase: “Lawyers are…”. A few amusing                    someone – that person can never be replaced. Ed’s least
and revealing responses were that lawyers are: “usually at-                favorite part of the job is dealing with the media.
tractive people;” “boring but extremely rich;”,”good liars;”
“accomplished;” “overworked;” “stressed;” “smart;” and,                         Next, Renee Chernus spoke about how she specializes
last but not least, “sexy.”                                                in family law and said usually most people’s only oppor-
                                                                           tunity to interact with the legal system is through family
     Jeff then introduced the panelists and told the students              law. Attorneys either love family law or hate it as it is very
they would all try to give an honest objective window into                 emotionally charged, and usually involves a traumatic time
the profession. The panelists were to address a list of ques-              for people. Being a solo practitioner gives Renee flexibility
tions focusing on what they love about their careers, as well              and balance in her life.              (Continued on page 7.)




Career Day panelists (l to r) Kristi Edwards, Phil Diamond, David Vogel-
stein, Renee Chernus, David Brown, Jeff Lerman and Ed Berberian.
6
                                                  The Marin Lawyer
(Career Day, continued from page 6.)




High school seniors learn about being a lawyer.


     Phil Diamond is a civil litigator as well as a mediator.
Phil said that he loves the process of figuring out how to
get the best result for his clients. The part he finds most
challenging is the adversarial system, which sometimes can
be more adversarial than it needs to be. This is one of the
reasons that Phil became a mediator. Mediators work with
both sides to ensure that there are no losers. It is a win-win
situation for both sides when done successfully.

     The audience was then addressed by Kristi Edwards, a
California Certified Legal Secretary who works as a legal
assistant. Trained legal support staff is in high demand
in the legal profession. Paralegals now do what first year
interns used to do so the work is quite challenging. The
path to work is much faster than an attorney as it is a 2
year program and you do not need to first complete four
year degree.

     Jeff Lerman, a transactional attorney, then spoke about
how he loves the variety of this area, and finds creativity
and problem-solving as a big part of the job. The biggest
challenge is managing client’s expectations regarding the
amount of time and the cost to get an issue addressed. This
area of law has the highest earning potential of all the areas
represented today.

     After the panel presentation the students walked to the
court floor, observed proceedings in various courtrooms, and
were then addressed by Presiding Judge Lynn Duryee and
Commissioner Beverly Wood. The program wrapped up
with questions and answers from the students to the panel.




                                                                     7
                                                     The Marin Lawyer


                                        THE MARIN COUNTY BAR ASSOCIATION
                                      and THE MARIN COUNTY WOMEN LAWYERS
                                                    PRESENTS

                                      The Rutter Group’s Video Programs
                                         Civil Procedure Update 2008
                                   3 hours MCLE Credit (including ½ hour legal ethics)

                                  Thursday, January 17, 2008
                                      5:00p.m to 8:00 p.m.
                                    MCBA Conference Room
                                30 N. San Pedro Rd., San Rafael
                                   Registration at 4:45 p.m.
                                     Light Supper included
                      $75.00 MCBA & MCWL Members / $95.00 Non-Members

                                                                  Panel
                        Judge William F. Rylaarsdam                                   Justice Anne Bouliane
                        Calif Court of Appeal, 4th Dist, Div 3, Moderator             San Francisco Superior Court



                                                      Judge Lee Smalley Edmon
                                                          Los Angeles Superior Court



                                                                Topics
      Here is your opportunity to get current with all that is happening in civil procedure. This program will
    cover the leading cases decided during the past year, plus important statutory and rules changes affecting
          both pretrial and trial procedure. Most importantly, you hear it from the best panel available of
                  distinguished judges who are at the forefront of the topics covered by this program!


         SEATING FOR THIS PROGRAM IS LIMITED TO 20 -- EARLY RESERVATIONS ARE RECOMMENDED

                                                         3 UNITS OF MCLE CREDIT
    This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of
    three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an approved provider,
    certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of
    the State Bar of California governing minimum continuing legal education. State Bar provider #411

       ______________________________________________________________________________________

    To register, please fill out the form below and mail it with your check payable to the Marin County Bar
    Association, to the following address: MCBA, 30 N. San Pedro Rd., Ste. 140, San Rafael, CA 94903

    Name:__________________________________________________________Phone:______________

       Check enclosed for $_____________ or               You can bill my                 Visa       MasterCard

    Acct#________________________________________________________Exp. Date_______________________

                                                                                                        Civil Procedure 1/17/2008


8
                                                The Marin Lawyer

VOLUNTEER FOR A STATE BAR                                       MCBA MEMBERS: JUDGE THE
COMMITTEE!                                                      JUDGES (AND COMMISSIONERS)
                                                                By Jeff Lerman, Past President, Marin County Bar Association
APPLICATIONS FOR 2008 – 2009 NOW
AVAILABLE                                                            You now have the opportunity to tell Marin Judges
                                                                and Commissioners what you really think – as long as
     Each year the State Bar of California offers attorneys
                                                                your comments are constructive and professional (i.e., no
in California an opportunity to contribute to the legal pro-
                                                                personal attacks). You should have received an e-mail by
fession and the public by volunteering to serve on one of
                                                                now inviting you to participate in the MCBA Judge and
the State Bar committees.
                                                                Commissioner Evaluation Survey.

     This year the State Bar is recruiting applicants for 0
                                                                      This is an online survey. The technology used enables
standing committees, 6 section executive committees, and
                                                                you to submit your answers anonymously. All responses
5 special committees, boards and commissions.
                                                                will be kept confidential in that they will not be made pub-
                                                                lic; they will be delivered with the highest security to the
     The State Bar's Board of Governors appoints approxi-       Presiding Judge, plus each Judge and Commissioner will
mately 150 - 200 new members every year, and strives to         receive the responses that pertain to him or her.
make appointments that will achieve diversity and broad
representation of the California Legal profession. The
                                                                    So, please take advantage of this unique opportunity.
Board also makes annual appointments to three other enti-
                                                                The deadline to submit your responses is January 5,
ties – the ABA House of Delegates, the Judicial Council,
                                                                2008. If you have not received the e-mail invitation, please
and the Commission on Judicial Nominees Evaluation
                                                                contact Robynn Gaspar at (415)499-1314, or by email at
(JNE Commission).
                                                                rgaspar@30nsp.org, and she will arrange to get it to you.

     If you are interested and would like find out more about
the open committee positions or you want to complete an
application, go to the State Bar Web site at www.calbar.
org and go to the “Attorney Resources” page and click on
“Committees and Commissions,” or call the State Bar Ap-
pointments Office at 415-538-2299.

    You can also write to:
    Appointments Office The State Bar of California
180 Howard Street, San Francisco, CA 94105-1639

     The deadline for committee applications is February
1, 2008.




                                                                                                                               9
                                                      The Marin Lawyer



                                         THE MARIN COUNTY BAR ASSOCIATION
                                       and THE MARIN COUNTY WOMEN LAWYERS
                                                     PRESENTS

                                       The Rutter Group’s Video Programs
                                          Personal Injury Update 2008
                                    3 hours MCLE Credit (including ½ hour legal ethics)

                                  Tuesday, January 22, 2008
                                     5:00 p.m. to 8:00 p.m.
                                    MCBA Conference Room
                                30 N. San Pedro Rd., San Rafael
                                      Registration at 4:45
                                     Light supper included
                      $75.00 MCBA or MCWL Members / $95.00 Non-Members

                                                                   Panel
                         Justice Judith M Sakaki                                    Michael A Kelly
                         Simke Chodos & Sasaki LLP                                   Walkup, Melodia, Kelly, Wecht & Schoenberger
                         Los Angeles                                                 San Francisco


                                                                 Topics

     This program will bring you up-to-date on significant case law and statutory developments in the personal
         injury field. We explain these developments through a series of hypotheticals, demonstrating their
            application and practical impact in typical cases. We also explore unresolved problem areas.

          SEATING FOR THIS PROGRAM IS LIMITED TO 20 -- EARLY RESERVATIONS ARE RECOMMENDED


                                                          3 UNITS OF MCLE CREDIT
     This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of
     three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an approved provider,
     certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of
     the State Bar of California governing minimum continuing legal education. State Bar provider #411

        ______________________________________________________________________________________

     To register, please fill out the form below and mail it with your check payable to the Marin County Bar
     Association, to the following address: MCBA, 30 N. San Pedro Rd., Ste. 140, San Rafael, CA 94903

     Name:__________________________________________________________Phone:______________

        Check enclosed for $_____________ or               You can bill my                 Visa       MasterCard

     Acct#________________________________________________________Exp. Date_______________________
                                                                                                         P.I. 1/22/2008




0
                                                The Marin Lawyer
(Safer Community, continued from page 1.)
                                                                nity so that the next time an opportunity or urge to commit
criminal justice professionals is that other approaches might
                                                                a crime arises, the offender will think about the effects of
be more effective. For that reason, the Marin Board of
                                                                his actions and the obligations that arose from his acts – and
Supervisors has made the evaluation and consideration of
                                                                then not do the crime!
community justice approaches using restorative principles
one of its long-term priorities.
                                                                     Marin already has a Victim Offender Mediation/Rec-
                                                                onciliation Program (VORP) in the Probation Department.
      Among clientele in the criminal justice system are
                                                                The program brings willing victims face to face with of-
persons who have mental illnesses, emotional problems,
                                                                fenders in the presence of trained mediators to discuss the
and drug and alcohol abuse issues, to say nothing of despair
                                                                impact of crimes on victims and how to redress the harms.
and desperation caused by poverty or economic difficulties.
                                                                Although embracing this program is often difficult for
Criminal justice professionals realize that for this popula-
                                                                victims, many have discovered the remarkable healing ef-
tion, a focus on treating the underlying causes is often more
                                                                fect of forgiveness and the restorative nature of telling an
effective than punishment alone. The desired results are
                                                                offender how he/she has been hurt by him/her.
more likely to result by a more therapeutic jurisprudential
approach addressing the underlying causes of criminality.
Such efforts in Marin include Juvenile and Adult Drug                Another restorative practice is Neighborhood Ac-
Courts, the Sheriff’s Jail Treatment Pod, STAR Court &          countability Boards currently used in Santa Clara County
STAR Program, and increased use of treatment conditions         where neighborhood volunteers, under the guidance of the
on probation. These “problem solving” efforts help of-          probation department, decide the appropriate dispositions
fenders become law-abiding residents by improving the           for persons who have committed less serious crimes. There
competency of participants to overcome their problems,          is also Vermont’s variation, called Reparative Probation,
gain self confidence, and learn tools to resist relapse.        where courts have the authority to order offenders to attend
                                                                a community meeting as part of the probation sentence. The
                                                                offender is directly accountable to the communities and vic-
     Also under consideration in this effort are new pro-
                                                                tims that were harmed by the offenses. The meetings focus
grams that incorporate restorative justice programs—pro-
                                                                on telling offenders the nature and extent of harms caused
cesses that involve interactions among victims, communi-
                                                                and on determining with offenders how they can make it
ties and offenders. Restorative processes seek to resolve
                                                                right. The outcomes that is sought is that the offender is
differences and work to heal and repair the harm caused.
                                                                actually “treated,” though not in the traditional sense.
A short-hand replication of these principles is:

                                                                     With the participation of the courts, criminal justice
  REPAIR HARM—REDUCE RISK—BUILD
                                                                and behavioral health professionals – and eventually the
COMMUNITY
                                                                greater community – real improvement in public safety in
                                                                Marin can hopefully become a reality.
     • repairing harm means restoring a sense of justice
to the victim by holding the offender accountable in a posi-
tive way to the victim.

    • reducing risk means making the community a safer
place by helping the offender build competency to avoid
recommitting crimes.

     • building community means building a safer com-
munity by community residents becoming involved in keep-
ing their neighborhoods law abiding.

    The goal in this approach is to impress upon the of-
fender the impact of his/her acts on the victim and commu-

                                                                                                                           
                                            The Marin Lawyer

                            State Bar CLE deadline (N-Z) is February 1, 2008

                  MARIN COUNTY AND ALAMEDA COUNTY BAR ASSOCIATIONS PRESENT:

     CULTURAL ISSUES AND BIAS IN YOUR PRACTICE: WHAT YOU NEED TO KNOW

                          ONE HOUR ETHICS and ONE HOUR ELIMINATION OF BIAS

                                     January 24, 2008 4:00 – 6:00 p.m.
     Representative topics:

                  o    Cultural barriers to effective communications with clients and adversaries
                  o    Selecting and convincing jurors; ethical and legal limits
                  o    Testing assumptions about experts and witnesses
                  o    Detecting, avoiding, and unlearning bias in your office and in your practice

                                                     Panelists:

              Hon. Trina Thompson. Judge of the Alameda County Superior Court since January 2003.
     Judge Thompson has presided over felony and misdemeanor jury trials, preliminary hearings, civil case
     management, civil settlement conferences, and the Mentor Diversion program for young first time
     offenders.

              Julie Fenyes. Ms. Fenyes, a principal with 360º Insights in Santa Monica, has developed and
     presented CLE seminars for thousands of lawyers across the country. Her experience includes a broad
     range of civil and business cases, more than 60 death penalty cases, and a wide spectrum of white collar
     and other criminal matters.

              Michael Roosevelt. Mr. Roosevelt has undergraduate and graduate degrees in psychology from
     San Francisco State University and has developed unlearning bias curricula and resources for judges,
     attorneys and court staff. Mr. Roosevelt has special expertise in unconscious bias and its effect on people,
     perception and decision-making.

             Will Rountree. Dr. Rountree, a trial consultant with Bonora D'Andrea, LLC in San Francisco,
     has consulted with trial attorneys in hundreds of civil and criminal cases. He has written extensively on
     jury composition challenges, post-trial interview techniques, the discriminatory use of peremptory
     challenges, and voir dire questioning techniques in restricted time conditions.

     Location: Best Western Corte Madera Inn, 56 Madera Blvd., Corte Madera, CA 94925
     Date: January 24, 2008
     Cost: $50 MCBA & ACBA members/ $75 non members - ACBA members: Best Western Corte Madera
     Inn is only 30 minutes from the Oakland courthouse.

                                          2.0 UNITS OF MCLE CREDIT
       This program has been approved for Minimum Continuing Legal Education credit by the State Bar of
      California for 2.0 hours, including one hour in elimination of bias and one hour in ethics. Provider #411.
              ………………………………………………………………………………………………………………………….
     To register, please fill out the form below and mail it, with your check payable to the Marin
     County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, California, 94903.

     Name: ________________________________________ CA Bar #: _________________

        Check enclosed for $ _____________              or         You can bill my VISA or MasterCard

     Visa/MC No. ___________________________________________                           Exp. _________
                                                                                               012408divmcle
2
                                              The Marin Lawyer
(Fresh Start, continued from page 3.)


     Statutory Entitlement vs. Discretionary Relief                  REMINDERS:
      There are two categories of persons who are statuto-
rily entitled to a grant of expungement under Penal Code
Section 203.4: ) those who have been perfect on proba-
                                                             HAVE YOU RENEWED YOUR
tion (i.e. have satisfied every condition of probation and    MEMBERSHIP FOR 2008?
who have never had probation revoked nor a petition to
revoke probation filed); and 2) persons who are granted       Please renew today. Otherwise this could
early, successful, termination of probation.
                                                             be your last newsletter. If you need another
    Parties who are not statutorily eligible for expunge-           application go to our website:
ment bear the burden of showing at a hearing (and through
supporting documentation which should be attached to                      marinbar.org
the CR-180 form) that the interests of justice would be            and on the home page you can
served by granting the relief sought.
                                                                      download an application.
     Practical Effect of Expungement

     The single most common misconception about ex-
pungement is that it eliminates all traces of a criminal
conviction. This is not the case. The portions of the
                                                                 HAVE YOU SENT IN
criminal record relating to the arrest still remain intact     YOUR RSVP FOR THE 2008
and unchanged and the court case information likewise
remains visible. However, the disposition code on the          INSTALLATION DINNER?
court case section changes from notations of “conviction”
to “dismissed per 203.4.” While this change might seem           We need your response by /4/08
minor, its practical effect can be the difference between
                                                                 so please send those rsvp cards in.
employability and non-employability, where relief is
granted.

     Counsel should also be aware that it takes approxi-
mately 2 weeks for an expunged case to begin to show up
as dismissed on a Department of Justice criminal record
                                                             HAPPY NEW YEAR!!!
once expungement has been granted in Marin County
– and private database vendors can take considerably
longer to update their records.)
                                                                     SAVE THE DATE
     For information on other forms of post-conviction
relief or for additional information on the Marin County              FOR THE 2008
Expungement Project, please contact: Michele Berrong,
Deputy Public Defender, at (415)499-7013, or by email
                                                                    PRO BONO LUNCH
at: mberrong@co.marin.ca.us.                                           MARCH 26TH
                                                                               12-1:30


                                                                                                         3
                                              The Marin Lawyer
(Mock Trial, continued from page 4.)
also invite teams from other counties to compete here,
in actual Marin county courtrooms. With about one hour
                                                                    MARIN COUNTY LEGAL
of preparation time, you can be a judge. Don’t worry                  PROFESSIONALS
if you are rusty; the lawyers will remind you about such               ASSOCIATION
things as whether testimony falls within the “state of
mind” exception to the hearsay rule.                           A PROFESSIONAL ORGANIzATION FOR
                                                                      LEGAL ASSISTANTS

     • Volunteer to be a coach. Several Marin High                NEXT MEETING:
Schools do not participate primarily for lack of a coach.         Thursday, January 0, 6 pm,
If you like what you see this year, think about coaching          Café Arrivederci,  G Street, San Rafael
next year.
                                                                  SPEAKER:
     • Tell people about this wonderful program and               TBA
encourage your attorney and non-attorney friends to come
to the competition.                                               RSVP/INFO:
                                                                  Kristi L. Edwards,
                                                                  CCLS, 491-5000, kledwards@justice.com
    Mock Trial needs the support and participation of
MCBA members. If you are interested, contact Deborah
Hemphill at the Marin County Office of Education. She             TIP OF THE MONTH:
may be reached at (415) 491-0792 or (415) 499-5811, or            Mandatory CLE for paralegals changed January ,
by email at dhemp@marin.k2.ca.us                             2007. Do you know the current continuing education
                                                              requirements for your assistant?

     *Joel Gumbiner is the senior partner of Gumbiner
& Eskridge, LLP., a civil litigation law firm representing
individuals and businesses in all types of insurance cover-
age disputes and insurance bad faith matters. His firm
also handles construction defect, landslide and flood cases
throughout California. Joel serves on several Boards
of Marin non-profit organizations and has coached the
Terra Linda High School Mock Trial team for three years.
Dennis Kavanagh is a retired insurance defense attorney
and has been an attorney/coach with David Vogelstein at
the Tam High Mock Trial team for 8 years.




4
                                                   The Marin Lawyer
(Judges Luncheon, continued from page 5.)

unanimously elected the following officers and direc-
tors: President-Elect Marlene Getchell; Treasurer Beth
Jordan; Secretary Otis Bruce; Five Year Past President
Dave Feingold; and Directors David Brown, Todd
Duplanty, Michael Fish, Jessica Karner, and Dennis
Kavanagh.




(l to r) Peter Flaxman, Otis Bruce, and Martin Malkin at the
Annual Judges Luncheon.




               To increase sales,

       announce a new partner

    or advertise a new business:

                place your ad in


    “The Marin Lawyer”

                            contact

                        Pat Stone,
                      Express Printing

                  Phone: (707) 585-3248
                   Fax: (707) 585-0844
                 E-mail: express@sonic.net


                                                                      5
                                              The Marin Lawyer

EVENT CALENDAR DETAILS
                                                              Jan. 24th
                                                              Diversity Section CLE Program:
     Jan. 12th                                                MCBA & Alameda County Bar Associations
     2008 Installation Dinner : The Marin County Bar          Present: Cultural Issues & Bias in Your Practice:
     Association cordially invites you to the 2008 Insta      What You Need to Know
     lation Dinner honoring President Edward S. Berbrian      One hour ethics & one hour elimination of bias
     and the Officers and Directors for 2008.
     Master of Ceremonies, Paula Kamena.                      Jan. 28th
     Swearing-in of Officers and Directors by the             Probate & Trusts Mentor Group
     Honorable William Stephens (Ret.).                        802 “B” ST., San Rafael
     Social Hour - 6 pm                                       An informal forum to further discuss issues addressed
     Dinner - 7 pm                                            at the monthly estate planning section meetings or
     Location: Mill Valley Community Center, 80              any other issues. Bring your lunch and interesting
     Camino Alto, Mill Valley                                 estate planning/trust administration/probate issues to
     RSVP by January 2, 2008 to jsalas@30nsp.org              discuss, and snacks will be provided. Parking is avail
                                                              able in the City of San Rafael parking lot on B Street
     Jan. 15th                                                south of 4th Street.
     Barristers’ Social                                       Brown Bag Lunch 12 - 1:30
     Location: The Marin Brewing Company
     at Larkspur Landing                                      Jan. 30th
     5:30 pm                                                  Family Law Update:
                                                              Location: MCBA Conference Room
     Jan. 16th                                                Time: 5 - 8 pm
     Probate & Estate Planning Section Meeting :
     2 – :30 Brown Bag Lunch
     The Tamalpais Room in the Corporate Center
     750 Lindaro, Central San Rafael (off Second Street)     MCLE COMPLIANCE DEADLINE
     The Tamalpais Room is on the ground floor off the       COMING UP
     lobby
     2 – :30 pm                                                 GROUP 3 (N - Z)          Deadline: 2/1/08

     Jan. 17th                                                    MCLE “Regular Requirement”
     Civil Procedure Update:                                      Total hours required every three years: 25 hours
     Location: MCBA Conference Room
     Time: 5 - 8 pm
                                                              •     Maximum “self-study” hours: 12.5 hours
     Real Property Section Meeting:
                                                              •     Members must fulfill at least one-half of their
     Speaker: James B. McKenney
                                                                    MCLE requirement with activities approved for
     Annual Update
                                                                    “participatory” MCLE credit. (For additional
     Seafood Peddler
                                                                    information contact The State Bar of California
     12 - 1:30 pm
                                                                    at 538-2130, or visit the website at http://www.
                                                                    calbar.ca.gov.)
     Jan 22nd
     Personal Injury Update:                                  •     Special Requirements within the total hours
     Location: MCBA Conference Room                                 required (may be taken as participatory or self-
     Time: 5 - 8 pm                                                 study)

     Jan. 23rd                                                •     Legal Ethics: 4 hours (required)
     ADR Section Meeting:                                     •     Detection/Prevention of Substance Abuse:
      Seafood Peddler                                               1 hour (required)
     Election of 2008 Officers and Administrative Meeting.
     2 – :30 pm                                             •     Elimination of Bias in the Legal Profession:
                                                                    1 hour (required)

6
                                           The Marin Lawyer

                  The Marin County Bar Association and
                   The Marin County Women Lawyers

                                        Presents
                            The Rutter Group’s Video Program


                  Family Law Update 2008
           3 hours MCLE credit (including ½ hour legal ethics)

                                 Wednesday, January 30th
                                         5 – 8 pm
                                  MCBA conference room
                            30 North San Pedro Road, San Rafael

                          Registration at 4:45 p.m.
                           Light Supper included
             $75.00 MCBA & MCWL Members / $95.00 Non-Members


                                                     Panel:
Judge Kenneth Black                        Judge Robert A.                              Eleanor A.
                                           Schnider                                     Stegmeier
Los Angeles Superior Court,                Los Angeles Superior Court                   Stegmeier & Gelbart LLP
Moderator                                                                               Costa Mesa




                                                  Topics
Recent family law cases and new and amended statutes continue to make
“landmark” changes in family law practice. Now is your opportunity to get current!
Our distinguished panel of family law experts explains these developments through
hypotheticals, demonstrating their application and practical impact in typical cases.
You’ll also hear their insight on unresolved problem areas

                                                      3 UNITS OF MCLE CREDIT
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the
amount of three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an
approved provider, certifies that this activity conforms to the standards for approved education activities prescribed by
the rules and regulations of the State Bar of California governing minimum continuing legal education. State Bar Provider
#411.

                        Seating Limited to 20 people. Please make reservations.
          ………………………………………………………………………………………………………………………….
To register, please fill out the form below and mail it, with your check payable to the Marin
County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, California, 94903.

Name: ________________________________________ CA State Bar No.: _____________

    Check enclosed for $ _____________                   or           You can bill my VISA or MasterCard

Visa Account No. ___________________________________________                                     Exp. _________

MasterCard Account No. _____________________________________                                     Exp. _________


                                                                                                    Fam Law 1/30/08

                                                                                                                            7
                                           The Marin Lawyer

                                                      Brian P Hedstrom
     NEW MEMBERS                                      Golden State Lumber, Inc
                                                      855 Lakeville #200
                                                      Petaluma CA 94952
     Robert Elam
                                                      707-769-0181 Fax: 707-769-0285
     255 D Street
                                                      bhedstr@goldenstatelumber.com
     San Rafael, CA 9490
     650-289-7883 Fax: 650-462-7883
                                                      Steven Kesten
     elamr@atlaw.com
                                                      Kesten, Baldwin & Baldwin
                                                      400 Redhill Ave
     Mariko Nakanishi
                                                      San Anselmo CA 94960
     Legal Aid of Marin
                                                      457-2668
     30 N San Pedro Rd, Ste. 220
                                                      kcblawoffice@aol.com
     San Rafael, CA 94903
     492-0230 Fax: 492-0947
                                                      Anthony Lowenstein
     mnakanishi@legalaidmarin.org
                                                      4040 Civic Center Dr. Ste. 200
                                                      San Rafael CA 94903
     Paul S. Rosenlund
                                                      272-1292 Fax: 366-2110
     Duane Morris LLP
                                                      A@LowensteinLaw.com
     One Market, Spear Tower, Suite 2000
     San Francisco, CA 9405
                                                      Gregory S. Maple
     957-3178 Fax: 957-3001
                                                      Maple DeLacey LLP
     prosenlund@duanemorris.com
                                                      450 Sansome St, Ste 0
                                                      San Francisco CA 94
 CHANGE OF SCENE                                      655-5900 Fax: 655-5910
                                                      greg@maple-delacey.com

     Sandra M. Acevedo                                Norman C. Plummer
     Law Office of Sandra M. Acevedo                  Confidante, Inc.
     683 Novato Bl., Ste. 4                          6 Chapparal Ct
     Novato, CA 94947                                 Novato, CA 94949
     892-7003 Fax: 892-7033                           898-2025 Fax: 898-2065
     smacvedo@aol.com                                 norm@confidante.com

     Marc Coopersmith                                 Andrew H. Pontious
     Golden State Lumber, Inc.                        Collette Erickson Farmer & O’Neill LLP
     855 Lakeville, Ste. 200                          80 E. Sir Francis Drake Bl. Ste 2G
     Petaluma, CA 94952                               Larkspur CA 94939
     707-206-4103 Fax: 707-206-4153                   788-4646 Fax: 788-6929
     mcoopersmith@goldenstatelumber.com               apontious@collette.com

     Charles H. DeLacey, Esq.                         Manton Selby
     Maple DeLacey LLP                                Selby Law Office
     450 Sansome St, Ste. 0                        69 Miller Ave
     San Francisco CA 94                           Mill Valley CA 9494
     655-5900 Fax: 655-5910                           383-9030 Fax: 383-9032
     Charles@maple-delacey.com                        mantonselby@hotmail.com
8
                                                 The Marin Lawyer


THE MARKETPLACE

       Anyone wishing to advertise in the Marketplace should
  send their text ad to MCBA, 30 N. San Pedro Rd, Ste. 140,
  San Rafael, CA 94903 with payment of $25 per month, or
  you may email to: rgaspar@30nsp.org . The ad should be no
  longer than 25 words and paid in advance.

     CLASS A BUILDING – Attorney’s Offices
luxurious offices, 999 Fifth Ave. San Rafael. $1500
- $2000/month or will provide space in exchange for
assistance with pending litigation. Call Francis Doherty
455-0260.

     SHARED OFFICE SPACE available for  atty.
Courthouse Sq., 6th Flr. San Rafael. Includes private
office, area for work station, reception area, use of Conf.
Rm., File Rm. & Storage Rm. teastman@pacbell.net
                                                               MISSION STATEMENT OF THE MARIN
   Deadline for submission of articles,                           COUNTY BAR ASSOCIATION
    ads, inserts, and announcements
       is the 5th of each month.                                   To involve, encourage, and support bar
               Thank you.                                                    association members,
                                                               to serve as a liaison to the Marin County courts,
                                                                  and to educate the community and enhance
                                                                            access to legal services.



                                                               To increase sales, announce a
                                                                             new partner
                                                                 or advertise a new business:
                                                                          place your ad in

                                                                 “The Marin Lawyer”
                                                                                   contact
                                                                                 Pat Stone,
                                                                               Express Printing

                                                                            Phone: (707) 585-3248
                                                                             Fax: (707) 585-0844
                                                                           E-mail: express@sonic.net
                                                                                                               9
                                                                               The Marin Lawyer




                                                                                                   FIRST CLASS
Marin County Bar Association                                                                       U.S.POSTAGE
30 North San Pedro Road, Ste. 40                                                                      PAID
San Rafael, CA 94903                                                                                PERmIT #26
                                                                                                  SAn RAFAEL CA
                       published by
             The Marin County Bar Association                                                     DATED MATERIAL
             415-499-1314 Fax 415-499-1614
                    www.marinbar.org
                  MCBA Officers
 Edward S. Berberian      President
 Marlene P. Getchell      President Elect
 Beth S. Jordan           Treasurer
 Otis Bruce Jr.           Secretary
 Jeffrey H. Lerman        Past President
 David Feingold           5 Year Past President
                Board of Directors
 Elizabeth Brekhus        Renee Giacomini Brewer
 David I. Brown           Timothy J. Chambers
 Houman Chitsaz           Philip R. Diamond
 Todd Duplanty            Michael Fish
 Louis S. Franecke        Joel Gumbiner
 Jessica Karner           Dennis Kavanagh
 Jordan A. Lavinsky       Andrew C. McCullough
 Eric Sternberger
                Executive Director
                   Robynn Gaspar
         Production       Express Printing
         Advertising      Pat Stone
 MCBA encourages submission of articles that may interest the legal
 community. Letters to the Editor are also welcome and may be
 published if space permits. Submissions will not be returned. The
 Editor reserves the right to publish, decline to publish, edit or otherwise
 modify any submission. Editorial material should be sent to the Marin
 County Bar Association at the above address.


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