Across the Bar

Across the Bar is a publication of the San Joaquin County Bar Association, providing local legal news, educational content, and information about Bar Association events.

SJCBA Year-in-Review

R31A0661
New Lawyers Reception February 13, 2018 at the Bank of Stockton Headquarters The Bank of Stockton hosted a reception on February 13 honoring the newest members of the legal profession in San Joaquin County. Attorneys who passed the 2017 California State Bar Exam gathered with more than 125 family members, veteran lawyers, and judges at the Bank of Stockton headquarters on Miner Avenue in Stockton. The keynote speaker for the evening was the Honorable Consuelo Maria Callahan, judge of the United States Court of Appeals for the Ninth Circuit. Heather Rubino, the San Joaquin County Bar Association's president-elect, was presented the 2017 Outstanding New Lawyers Award by 2016 recipient Jamie Bossuat. Law Day Luncheon May 1, 2018 at the Stockton Golf & Country Club The 2018 Law Day Luncheon was held on May 1 at the Stockton Golf and Country Club. The 2018 Law Day Award recipient was the Honorable Robin Appel, San Joaquin County Superior Court Judge.
  61 Hits
  0 Comments
61 Hits
0 Comments

Veterans Treatment Court: Mentors Needed

veterans-court

February 2, 2015 marked the commencement of San Joaquin County’s first Veterans Treatment Court. Now in operation more than three-and-a-half years, we have had six graduations with 36 graduates. We expect to graduate 10 more at the next graduation in April of 2019, which will be our largest graduating class to date.

Veterans Treatment Court is held on the first Monday of each month, from 9:30 a.m.-noon in Department 10-D. There are usually about 25 veteran defendants in “Vet Court” at any given time.

Continue reading
  63 Hits
  0 Comments
63 Hits
0 Comments

New Rule of Professional Conduct 1.2.1 and the Cannabis Lawyer: A Dilemma Unresolved?

cannabis-scales

How do California’s revised Rules of Professional Conduct affect the ethical dilemma of a lawyer who is asked to provide legal services to a cannabis enterprise?

The revised rules include a new Rule 1.2.1, which essentially follows the language of American Bar Association (“ABA”) Model Rule 1.2 (d) and makes it unethical for a lawyer to “assist a client in conduct that the lawyer knows is criminal, fraudulent or a violation of any law...” Although the laws of California and many other states have become more lenient with respect to cannabis—including by the passage of Proposition 64, which allowed the recreational use of cannabis beginning on January 1, 2018—new Rule 1.2.1 may make the lawyer’s ethical position more difficult.

Continue reading
  203 Hits
  0 Comments
203 Hits
0 Comments

Under Oath: Christopher Eley

eley-christopher

Chris and I met at a coffee shop on a beautiful morning. We spent a moment catching up and then dove into to the questions.

Q. What is your idea of perfect happiness?
A. “Hummm…. Can it include chocolate?” He joked. Staring across the room he pondered over the question as I sipped my tea. “I believe it requires balance. That tends to be a problem with lawyers today; to be useful in the law and still trying to have a full life outside of the office. I think most of us struggle with that, and the struggle is always changing.”

Continue reading
  74 Hits
  0 Comments
Tags:
74 Hits
0 Comments

Executive Director's Message

There is a whiteboard on my office wall that lists the areas I am focusing on as I begin serving as the executive director of your Bar Association.

First is fiscal responsibility and sustainability. Your Bar can’t do anything if it doesn’t have resources. Members should feel confident that the Bar is working as efficiently and effectively as possible. The Board of Governors and members are entitled clear information about revenue, expenses, reserves, and other needed information.

Continue reading
  96 Hits
  0 Comments
96 Hits
0 Comments

President's Message: 4th Quarter 2018

“I feel a very unusual sensation—if it is not indigestion, I think it must be gratitude.” —Benjamin Disraeli

As my year as president comes to a close, I am reflecting back on a year that brought us tremendous change and impressive improvement to the operations of the San Joaquin County Bar Association and the San Joaquin County Bar Foundation. I am extremely proud of what we have wrought. And I have great hope for continuing improvement in our operations, in our service to the community, and in our benefit to membership.

Continue reading
  69 Hits
  0 Comments
69 Hits
0 Comments

Annual Meeting Recap

sjcba-meeting

On November 14, 2018, several members of the legal community ventured out into the smoke-filled air and gathered at the University Plaza Waterfront Hotel for the San Joaquin County Bar Association’s (“SJBCA”) 78th Annual Meeting and Luncheon.

Outgoing SJCBA President Michael Norton welcomed everyone to the event and, as they ate lunch, the audience got to enjoy a slideshow memorializing many of the events the Bar Association sponsored during the year.

Continue reading
  64 Hits
  0 Comments
64 Hits
0 Comments

Employment Law Roundup

employment-law
Much like the Hollywood movie season, this summer saw a number of "blockbuster" employment law decisions that you may have missed while on vacation. The summer kicked off with two big decisions from the Supreme Courts of California and the United States. First, in Dynamex Operations W. v. Superior Court 1 , the California Supreme Court set forth a new set of rules for determining whether a worker is an employee or independent contractor for the purposes of wage and hour claims (e.g. unpaid minim...
Continue reading
  437 Hits
  0 Comments
437 Hits
0 Comments

Under Oath: Jason Chong

20181002-212107
​ Q. What is your idea of perfect happiness? A. "I was actually thinking about this one as I was driving here! I had to be prepared," he joked. "But, I guess I don't set the standard too high. Just being alive with no major worries about finances, health, family. That's happiness. I look at people around the world in much worse situations and it's hard to wish for more than I have. I have enough." Q. What is your greatest fear? A. "My greatest fear?" He sat back and pondered a lit...
Continue reading
  397 Hits
  0 Comments
Tags:
397 Hits
0 Comments

MCLE Self Study: Implications of E-Discovery in California

eDiscovery-Processes
This activity has been approved for Minimum  Continuing Legal Education self-study credit by the State Bar of California in the amount of one (1) hour of General Credit for Attorneys and Paralegal Staff. The San Joaquin County Bar Association certifies that these activities conform to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.  E -discovery: what is it, where is it,...
Continue reading
  401 Hits
  0 Comments
Tags:
401 Hits
0 Comments

Yes, You Do Have to Get Fingerprinted - Again

23520223_m
When you applied to be admitted as a member of the California State Bar, you were required to be fingerprinted and to have those fingerprints forwarded to the State Bar. Business and Professions Code section 6054 requires the Bar to maintain those prints in a law enforcement database, so that the State Bar disciplinary unit can be notified  of members' arrests. That did not happen. Past "administrative failures" are blamed for the fact that the State Bar did not ensure t...
Continue reading
  546 Hits
  0 Comments
546 Hits
0 Comments

Time Flies as Things are Getting Done

Flying Clock
It's amazing to me to think that I have now been with the San Joaquin County Bar Association as interim executive director for over six months! Originally, we talked about it taking perhaps 90-120 days to evaluate processes, fill some openings, and help the Board of Governors with their selection of a permanent director. However, what has occurred since, and the challenges we have faced and overcome , are also things to really reflect upon and appreciate. We also need to recognize and appreciate...
Continue reading
  249 Hits
  0 Comments
249 Hits
0 Comments

President's Message: 3rd Quarter 2018

writing with quill
L ike it or not, our society is shifting toward more and more politicization of our courts. From the gyrations and machinations of our senators' Supreme Court confirmation hearings to the voter recall of California Superior Court trial judges, no judicial officer can assume that she or he is immune from the swirling winds of politics and the hot wind of politicians. One decision that offends, bewilders or confuses the body politic can be enough to cause a jurist to be sucked into a vortex of nam...
Continue reading
  201 Hits
  0 Comments
201 Hits
0 Comments

2018 Law Day Award Recipient, The Honorable Robin Appel

robin-appel
Were I limited to a single word to describe Robin, it would be "remarkable." It represents the essence of what defines her and is based on the comments received from her colleagues, attorneys, children, mother, siblings, and friends. The most difficult aspect of writing this article was reducing it to a manageable size, considering the accolades bestowed on Robin upon her receipt of the 2018 Law Day Award. As a single mother for most of her daughters' lives, Robin was a chauffer, nurse, teacher,...
Continue reading
  906 Hits
  0 Comments
906 Hits
0 Comments

ABLE Accounts: Five Things You Need to Know

able
President Obama signed the ABLE (Achieving a Better Life Experience) Act into law on December 19, 2014, yet ABLE accounts remain unknown and underutilized. An ABLE account is a tax-advantaged savings account for individuals with disabilities under Internal Revenue Code section 529A. Millions of individuals with disabilities and their families depend on a wide variety of public benefits for income, health care, and food and housing assistance. Eligibility for these public benefits (e.g., SSI, Med...
Continue reading
  596 Hits
  0 Comments
596 Hits
0 Comments

Flying Solo

84775408_s
I opened my private practice after graduating law school and passing the California bar exam. I made a conscious decision to go solo at the time, and I was going to make it work no matter what. With support of my husband and family, I plunged into the world of a solo practitioner. I learned and grew a lot since that time and would like to provide some advice about choosing to go and remain solo. T he Practice of Law As a solo practitioner, you do not have a senior partner or a colleague next doo...
Continue reading
  358 Hits
  0 Comments
358 Hits
0 Comments

People v. Sanchez and Family Court

custody
One of the most landmark cases related to evidence to come down in years, People v. Sanchez (2016) 63 Cal.4th 665 established new limits on an expert's ability to testify as to hearsay statements relied on in forming his opinion. How does this affect a family law case? Many family law cases involve the use of experts, such as financial experts, pension experts, etc. This article will focus primarily, however, on how Sanchez could affect the manner in which testimony is received from a Child Cust...
Continue reading
  1306 Hits
  0 Comments
1306 Hits
0 Comments

Civility in Your Law Practice

civility
Many staff and some attorneys may not be aware of the California Bar Association's Guidelines of Civility and Professionalism, which were adopted in 2009. The Guidelines are intended "to protect the public and promote respect and confidence in the legal profession." While they are directed to attorneys, it is good practice for office staff to be mindful of these standas as well. The Guidelines' goal is to foster a level of civility and professionalism that exceeds the minimum requirements of the...
Continue reading
  387 Hits
  0 Comments
387 Hits
0 Comments

Under Oath: John Soldati

Soldati-John
John Soldati is a commissioner of the Superior Court of California, San Joaquin County. As of press time, Commissioner Soldati is awaiting certification of the results of the June 5, 2018 election in which he is the apparent victor of the race to become the newest judge of that court. John and I met for coffee near the courthouse following his morning calendar. He was punctual, cheerful and ready for the questions! Q. What is your idea of perfect happiness? A. "Do I have to answer these really q...
Continue reading
  608 Hits
  0 Comments
608 Hits
0 Comments

2017 Outstanding New Lawyer Heather Rubino

Rubino_Heather
When Heather Rubino was 14 years old, she was featured in an article with accompanying photos in the Stockton Record sports page. She had bowled a perfect 300 game, for which she was honored with a special ring and a patch. Fast forward to 2018 and Heather is again being honored, but this time as the San Joaquin County Bar Association Outstanding New Lawyer. There is a common thread between these two events. Both honors are the result of Heather's skill, strength and focus. And it is those attri...
Continue reading
  974 Hits
  0 Comments
974 Hits
0 Comments

Transfer on Death Deeds in California

81795744_ml
The most common means of transferring real property upon death of the owner are three well-known methods: (1) holding property in joint tenancy or as community property with right of survivorship, (2) a living trust, or (3) a will. However, in 2016, a lesser-known alternative to keep a decedent's home out of probate became available to Californians: the revocable transfer on death or "TOD" deed, a simple and inexpensive way to transfer real property to a beneficiary in California. Including Cali...
Continue reading
  2946 Hits
  2 Comments
2946 Hits
2 Comments

New Employment Laws for 2018

employment-law
A new year brings new legislation. Below are some of the new employment laws in California that attorneys, employers, and employees may find particularly interesting. All of the laws described below went into effect January 1, 2018. S.B. 63 – California New Parent Leave Act Employers that have at least 20 employees within 75 miles of a worksite must provide eligible employees with up to 12 weeks of job-protected parental leave in order to bond with a new child within one year of the child's birt...
Continue reading
  726 Hits
  0 Comments
726 Hits
0 Comments

New Laws Affecting Civil Procedure in San Joaquin County

The Legislature and the courts introduced numerous statutes and rules affecting civil practice that went into effect at the beginning of this year. While the volume of changes is much too large to cover comprehensively in a single article, the following are eight of the most significant ones governing civil procedure in this county. 1. Scheduling ex parte hearings Civil ex parte hearings are again being scheduled through the clerk for the department in which the matter will be heard, rather than...
Continue reading
  1022 Hits
  0 Comments
1022 Hits
0 Comments

Under Oath: Jayne Lee

Superior-Court
Q. What is your idea of perfect happiness?  A. "Spending time with family and appreciating what I have as opposed to longing for that 'thing' in the future. Tomorrow is elusive, appreciate today." Q. What is your greatest fear?  A. "Well, I have two fears," she admitted. "The first is if something terrible happened to my family." "And the second?" I inquired. "I'm also afraid of the zombie apocalypse. So my greatest fear would be something terrible happening to my family during the zom...
Continue reading
  696 Hits
  0 Comments
696 Hits
0 Comments

A Much-Appreciated Opportunity

Transparent-Seal_1
I have been accused by family and friends of not being serious every time I tell them I am going to retire. Since I have retired several times, perhaps they are right. I've been very fortunate in my lifetime to do a wide variety of positive and exciting things. However, I say sincerely that being asked to head the San Joaquin County Bar Association and Foundation as interim director ranks way up there on top of that list. I'm thankful and humbled for the opportunity. I had been retired the most ...
Continue reading
  367 Hits
  0 Comments
367 Hits
0 Comments

Homeless Court in San Joaquin County

homeless-court
Since its inception in January 2006, Judge Barbara Kronlund has had the honor of presiding over San Joaquin County's Homeless Court. Homeless Court is truly a collaborative court, as the offices of San Joaquin County's Public Defender, District Attorney, and SJCBA attorneys together with Stockton's City Attorney's Office, the Stockton Shelter for the Homeless, and St. Mary's Dining Room have worked together cooperatively to set forth criteria for cases to be heard in the specialty court. The rea...
Continue reading
  1416 Hits
  0 Comments
1416 Hits
0 Comments

The Outstanding Jamie Bossuat

Bossuat-Jamie
Among the highlights of 2017 was the opportunity to recognize an outstanding local attorney, Jamie Bossuat, who received the San Joaquin County Bar Association's 2016 Outstanding New Lawyer Award at the New Lawyers' Reception in February. Ms. Bossuat is the fourth recipient of the annual award, which honors an attorney who has actively practiced for seven years or less at the time of nomination and has a distinguished record of service to the legal profession, the SJCBA, and the greater communit...
Continue reading
  675 Hits
  0 Comments
675 Hits
0 Comments

Under Oath: Gregg Meath and Fernanda Pereira

meath-pereira
I met with the husband-and-wife team of Gregg Meath (full-time intellectual property lawyer, part-time rock band drummer) and Fernanda Pereira (full-time immigration lawyer, part-time beekeeper) at their office in downtown Stockton's Kress Building—the same building that houses the San Joaquin County Bar Association's office. We all sat down to interview over coffee and croissants. Q. What is your idea of perfect happiness? A. Right out the gate Gregg yelled, "No!" jokingly suggesting it was his...
Continue reading
  1403 Hits
  0 Comments
1403 Hits
0 Comments

2017 Annual Meeting Recap

sjcba-annual-meeting-2017
On November 1, 2017, members of the legal community gathered at the University Plaza Waterfront Hotel for the San Joaquin County Bar Association's 77th Annual Meeting and Luncheon. Outgoing SJCBA President Erin Guy Castillo welcomed everyone to the event and, as they ate lunch, the audience enjoyed a slideshow memorializing many of the events the Bar Association sponsored during the year. During the lunch, members were able to vote for candidates for four vacant positions on the Board of Governo...
Continue reading
  624 Hits
  0 Comments
624 Hits
0 Comments

California Supreme Court Clarifies "One Day's Rest in Seven"

employee-rights
In Mendoza v. Nordstrom 1 , the California Supreme Court recently provided some guidance on what it means to have a "Seventh Day Violation." 2 Former employees at the retail chain Nordstrom, Inc. alleged that on several occasions during their employment, supervisors asked them to fill in for other employees, which caused them to work more than six consecutive days. During each of these working periods some, but not all, of the employees' shifts lasted six hours or less. The employees sued their ...
Continue reading
  881 Hits
  0 Comments
881 Hits
0 Comments

U.S. Supreme Court Upends More than a Century of Restrictions on Disparaging Trademarks

registered-trademark
On June 19, 2017, the United States Supreme Court unanimously affirmed a Federal Circuit ruling that held the "Disparagement Clause" of Section 2(a) of the Lanham Act (15 U.S.C. § 1052(a)) unconstitutional on its face. Under the Supreme Court's decision in Matal v. Tam 1 , the United States Patent and Trademark Office ("PTO") can no longer refuse federal registration to trademarks that "disparage... persons... institutions, beliefs, or national symbols, or bring them into contempt or disrep...
Continue reading
  1290 Hits
  0 Comments
1290 Hits
0 Comments

MCLE Self Study: Legal Tools to Address Diminished Capacity in the Elderly Population

dementia
This activity has been approved for Minimum Continuing Legal Education self-study credit by the State Bar of California in the amount of one (1) hour of General Credit for Attorneys and Paralegal Staff. The San Joaquin County Bar Association certifies that these activities conform to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.  People in the United States are living ...
Continue reading
  1404 Hits
  0 Comments
1404 Hits
0 Comments

Opinion on Copyright Sampling in Madonna's “Vogue” May Change the Music Landscape

music
The U.S. Court of Appeals for the Ninth Circuit ruled in VMG Salsoul, LLC v. Ciccone 1 that a 0.23-second snippet used in Madonna's song "Vogue" was de minimis , or small enough to be trivial. In doing so, that court opened up a split between the Ninth and Sixth Circuits, which may lead the U.S. Supreme Court to weigh in to clear up the subject. Plaintiff VMG Salsoul, LLC owns the rights to the sampled work, 1976's "Ohh, I Love it (Love Break)." The plaintiff alleged that Shep Pettibone, a produ...
Continue reading
  889 Hits
  0 Comments
889 Hits
0 Comments

U.S. Supreme Court Adopts a Holistic Approach to Defining "Property" for Regulatory Takings Analysis

supreme-court-property
On June 23, 2017, the U.S. Supreme Court held in Murr v. Wisconsin , 137 S.Ct. 1933 (2017), that an ordinance preventing two contiguous parcels from being sold independently of one another did not result in a compensable regulatory taking of real property. The Court held that the petitioners, the owners of two adjacent lots, were not deprived of all economically beneficial use of their property through the denial of the sale of a single lot. The decision rejected a formalistic approach to t...
Continue reading
  650 Hits
  0 Comments
650 Hits
0 Comments

The First Impressions Program Expands

first-impressions-program
The First Impressions program is not only the most unique service opportunity available to legal professionals in San Joaquin County, but perhaps its most rewarding. Spearheaded until this year by Judge Barbara Kronlund, the First Impressions has brought judges, lawyers, and court staff into fifth-grade classrooms at San Joaquin County elementary schools for several years. The professionals identify who's who in the courtroom, explain how the jury system works, distinguish the differences betwee...
Continue reading
  3933 Hits
  0 Comments
3933 Hits
0 Comments

Under Oath: Michael Norton

Norton-Michael
Editor's Note: With Across the Bar's intrepid columnist Grey Galluzi taking a well-deserved break on this issue, San Joaquin County Bar Association Executive Director Rebekah Burr-Siegel stepped in to interview Michael Norton, a certified family law specialist in Stockton, via e-mail. Q. What is your idea of perfect happiness? A. "Creating. Either in the kitchen, cooking up a storm, or at the computer, weaving hilarious stories (written for me)." Q. What is your greatest fear? A. "AI robots run ...
Continue reading
  818 Hits
  0 Comments
818 Hits
0 Comments

Law Day Award Recipient Dr. Cynthia Ostberg and the Genesis of the Pacific Legal Scholars Program

cynthia-ostberg
Daniella Green, Amy Burns, Dr. Cynthia Ostberg, Anastaysa Uskov, and Kelly Volkar I was sitting at my desk in the District Attorney's Office in 2006 when my phone rang. It was the front desk informing me there was a Dr. Cynthia Ostberg on the phone from the University of the Pacific and she wanted to speak with me. Sometimes in life there are times you wish you did not answer the phone. This was not one of those times. Dr. Ostberg introduced herself and explained she was beginning a program at U...
Continue reading
  1166 Hits
  0 Comments
1166 Hits
0 Comments

Under Oath: Honorable William Johnson and Cheryl Jacobsen

Johnson-jacobsen
For a new spin on an old article, we decided to interview Judge Johnson alongside his Wife Cheryl Jacobsen. We met in Department 32 Judge's chambers and enjoyed the view of the new court house as we began. Q. What is your idea of perfect happiness? A. As if on cue, they both rolled their eyes simultaneously. "I told you, Cheryl," Judge Johnson teased, "there are going to be a lot of "gotcha" questions!" Through Cheryl's laughing, he dramatically intoned, "How about walking on the beach…. discuss...
Continue reading
  1124 Hits
  0 Comments
1124 Hits
0 Comments

Public Service Opportunities for Criminal Lawyers

pro-bono
There are many ways that an attorney can volunteer to both grow in his or her career and enhance the profession as well. Within the profession, there is no shortage of opportunities for service and self-improvement. Among them are service on local bar boards, task forces, and committees, which help to foster good methods and ethical practices within the profession, deepen relationship with colleagues, and give valuable MCLE training. The local Inns of Court is another opportunity for bonding and...
Continue reading
  755 Hits
  0 Comments
755 Hits
0 Comments

MCLE Self Study: Ethical Considerations of Disclosure of File Material to Clients in Criminal Cases

Self Study
This activity has been approved for Minimum Continuing Legal Education self-study credit by the State Bar of California in the amount of one (1) hour of Ethics Credit for Attorneys and Paralegal Staff. The San Joaquin County Bar Association certifies that these activities conform to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.  In California, client papers and property bel...
Continue reading
  2219 Hits
  0 Comments
2219 Hits
0 Comments

Stockton's New Courthouse: It's Really Happening!

stockton-courthouse
Monday, July 31, 2017, will mark the culmination of more than ten years' work conceptualizing, planning, and building the first new courthouse in Stockton since the early 1960s. Most everything will be new, with the exception of Lady Justice, who stands above and to the right of the main entrance. Here are some of the things you can expect to see: First Floor A traffic counter inside the building, positioned so that people paying fines do not have to go through weapons screening in order to pay ...
Continue reading
  1378 Hits
  0 Comments
1378 Hits
0 Comments

Legal Marketing Do's and Don'ts: Legal Advertising Rules, Negligent Referral, and the SJCBA Lawyer Referral Service

Digital-marketing
​ Legal Advertising Rules Referrals are the cornerstone of any attorney's legal marketing strategy. You might believe that if you do good work, people will automatically come to you. While that can be the case for long-established practitioners with wide word-of-mouth networks, there are plenty of attorneys who advertise themselves through practically every medium, from print media to websites to the sides of buses and billboards. Until the 1977 landmark U.S. Supreme Court decision in Bates v. S...
Continue reading
  8462 Hits
  0 Comments
8462 Hits
0 Comments

Flood Control Matters: Court of Appeal Applies Rule of Interpretation to Protect Funding for San Joaquin Levies

AssessmentDistrictBoundary
Much of San Joaquin County lies at or below sea level. The hundreds of miles of levees maintained by reclamation districts throughout the region provide the protection from flooding that is essential to the continuing health of the local economy and the safety of the citizenry. The levee systems are funded largely by assessments against private and public lands. Private landowners have long subsidized school district property traditionally exempt from such assessments. Are school districts that ...
Continue reading
  685 Hits
  0 Comments
685 Hits
0 Comments

Under Oath: Sean Geddes

Geddes-Sean-J
"I actually wake up thinking, 'How am I going to make a difference today?' It's wonderful that I can do that." Sean Geddes and I met down town and began discussing the challenges of his work in juvenile court. Q. What is your idea of perfect happiness? A. " I guess it would be… a family, a dog that behaves and seeing more people do good deeds and treat people with respect. I don't see that enough." Q. What is your greatest fear? A. Softly he responded, "Being alone. Old and alone." Q. What is th...
Continue reading
  1175 Hits
  0 Comments
1175 Hits
0 Comments

New Laws Affecting Civil Litigation Practice

news
Changes to the laws affecting civil litigation practice or procedure going into effect in 2017 appear in general to be less sweeping and of less significance than in recent years. The most significant changes for most local civil litigators may be the recent changes to local policy concerning the civil clerk's drop box and the hearing of discovery motions. This article summarizes many, but by no means all, of the recent changes likely to affect civil litigation practice in San Joaquin County. Ch...
Continue reading
  718 Hits
  0 Comments
718 Hits
0 Comments

A Call to Action: Threats to Judicial Independence Place Judicial Fairness and Impartiality at Risk

scales
The United States Constitution and California Constitution establish three separate-but-equal branches of government, which make up America's democracy. The legislative branch makes laws, the executive branch enforces the law, and the judicial branch interprets the law. The point of creating three separate-but-equal branches is a separation of powers, so one branch does not get too powerful and become oppressive. Judges are under a legal duty to follow the rule of law. A judge must be free from ...
Continue reading
  1389 Hits
  0 Comments
1389 Hits
0 Comments

California Bar Proposes to Ban Sex with Clients

caged-heart
Lawyers in California may face disciplinary measures for having sex with their clients if a new revision to the State Bar's ethics rules passes. California lawyers are split over these proposed revisions. Those supporting the blanket ban said that any sexual contact between an attorney and a client is potentially coercive due to the inherently unequal nature of relations between the two. However, opponents of the initiative say it is uncalled-for and an unconstitutional invasion of their privacy...
Continue reading
  1092 Hits
  0 Comments
1092 Hits
0 Comments

The Honorable Judge Franklin Stephenson Scholarship 2016 Recipient, Penni McConnell

The Honorable Judge Franklin Stephenson Scholarship 2016 Recipient, Penni McConnell
In 2016, the Young Lawyers Section of the San Joaquin County Bar Association created The Honorable Judge Franklin Stephenson Scholarship to honor the late Judge Franklin Stevenson, a longtime San Joaquin Superior Court judge and popular adjunct professor at Humphreys College Laurence Drivon School of Law. In creating this scholarship, the goal was to honor Judge Stephenson's good work by providing a scholarship to an ambitious local college student who strives to study law and use his or her leg...
Continue reading
  989 Hits
  0 Comments
989 Hits
0 Comments

Under Oath: Lisa Blanco Jimenez

Under Oath: Lisa Blanco Jimenez
"Though she be but little, she is fierce." Q. What is your idea of perfect happiness? A. She put her drink down and shook her head." I knew I should have prepared!" she laughed. "Well, I would say that 'most happy' is when it's me, [husband] Tony, and the three kids just enjoying each other. Nothing fancy. Whether we are all lying in bed watching videos or letting the kids make their own videos. The funniest part is watching their reaction to their videos, they think they are so funny!" Q. What ...
Continue reading
  1328 Hits
  0 Comments
1328 Hits
0 Comments

Proposition 64: What Every Lawyer Needs to Know About the Adult Use of Marijuana Act

Proposition 64: What Every Lawyer Needs to Know About the Adult Use of Marijuana Act
The passage of California's Proposition 64, also known as the Adult Use of Marijuana Act or "AUMA," legalizing the adult recreational use of marijuana under California law makes this state the most populous state in the nation to do so. It comes six years after California voters narrowly rejected a similar measure, and it expands on Proposition 215, the law that twenty years ago made California the first state to legalize cannabis for medical use. Proposition 64 sets up a broad range of marijuan...
Continue reading
  2238 Hits
  0 Comments
2238 Hits
0 Comments

Advertise on Across the Bar

Interested in advertising your business in the print version of Across the Bar? Download our Rate Sheet for more information.

Download

Find an Attorney now

Ready to get a Lawyer to assist with your legal issue? Fill out our referral request form and we'll match you with a qualified attorney who specializes in the area of law that you need assistance with.

Lawer Referral Request Form