Legal Pad

Legislative Bill Blowout: Everything Must Go

Few things give Legal Pad more confidence in the Legislature than when a wonkish budget committee votes for wholesale policy changes in the criminal justice system late at night.

That’s what happened Wednesday when the august body known as Assembly Budget Subcommittee No. 4, crusty from a long day of deadline votes, recommended the following: 1) changing so-called wobbler crimes (those that a DA can charge as a felony or misdemeanor), such as drug possession, grand theft, fraud and DUI, to straight misdemeanors; 2) placing non-violent offenders on less restrictive summary parole and making it tougher to send them back to prison; 3) gutting a popular $17 million program that aids 37 rural county sheriffs departments.

Needless to say, lobbyists for law enforcement and district attorneys were not pleased with these votes. But before you build a moat and arm your children, lobbyists, remember that these proposals still must be approved by the full Legislature and signed by the governor. That doesn’t seem likely. Even lawmakers who voted for the measures said they don’t like the cuts.

AGs: Postpone gay marriages, save us some work

In a letter (pdf) to the California Supreme Court on Thursday, the attorneys general of 10 states politely requested that the justices postpone their official blessing of gay marriages until after the November election, when voters will likely decide whether they approve of the unions. Right now, county registrars across the state are to start letting same-sex couples apply for licenses June 17.

The AGs who wrote the letter, led by Utah’s Mark Shurtleff, emphasized that they are not weighing in on “the merits of … any legal definition of marriage in California.” Nor does their letter imply any stance on the possible ballot measure, the AGs wrote. But considering that these states -- Alaska, Colorado, Florida, Idaho, Michigan, Nebraska, New Hampshire, South Carolina, South Dakota (and Utah) -- are not what most would consider liberal, you can form your own conclusions about where they stand. On a related note, a firestorm is (predictably) exploding in response to New York Gov. David Paterson’s vowing to honor California’s same-sex marriages in his state.

GOP Lawyers Release Their Judge Picks

Judicial elections are supposed to be nonpartisan affairs, right? Stop snickering and check out who the California Republican Lawyers Association endorsed in various contests statewide here. Hint: Gerardo Sandoval isn’t on the list.

—  Cheryl Miller

Wait, What? Bill O'Reilly Argues With A Gay Marriage Foe

So, LegalPad is not a regular watcher of The O'Reilly Factor, but we were pretty sure that Bill O'Reilly would be in the same corner with those who oppose same-sex marriage. But in this clip, which we found on Jossip.com, the conservative, loofah-loving host gives an anti-gay-marriage lawyer hell.

AG: Gay Marriage Ruling Should Stand

The state of California is ready to give up the fight against same-sex marriage.

In a brief filed with the California Supreme Court on Thursday, Attorney General Jerry Brown’s office advises the court to ignore conservative legal groups who asked last week that the landmark May 15 ruling upholding gay and lesbian marriages be reheard or stayed until after the Nov. 4 election.

“This historic litigation is now concluded,” Sacramento-based Senior Assistant Attorney General Christopher Krueger wrote. “The court has declared the law governing the right of same-sex couples to marry, and the attorney general undertakes to give effect to that declaration with no less vigor than he previously sought to give effect to the statutes in dispute. It is time for these proceedings to end.”

Let the Gay Marriage Merchandising Bonanza Begin

No doubt the wedding industry is beside itself these days, what with the prospect of thousands upon thousands of same-sex couples throwing big bashes to celebrate long-awaited marriages now OK’d by the California Supreme Court.

But civil-rights groups that have waged the gay marriage fight for years have decided they want a piece of the action, and are encouraging prospective couples and their friends to throw some money their way.

In an e-mail message Wednesday, San Francisco’s National Center for Lesbian Rights is urging newlywed gay and lesbian couples — and their loved ones — to send donations that could be used not only to retain same-sex marriage, but other gay causes too.

Burma: The Other Side of the Wall

San Francisco's South Asian bar knows the drill.

Four years after the devastating tsunami that claimed 225,000 lives in Indonesia, the same community is again reaching out for help. On Wednesday the South Asian Bar Association, the Asian American Bar Association and the Bar Association of San Francisco turned out more than 100 people for a silent auction on behalf of the cyclone victims in Myanmar. The groups have already raised $140,000 for organizations like Foundation for the People of Burma.

At Wednesday's event Burmese exile Ko Ko Lay made a plea not only for cyclone victims but for Burma itself.

Meanwhile, event organizer Vidhya Prabhakaran of Goodin, MacBride, Squeri, Day & Lamprey explained why the money being raised will make it to the people who need help.

—  Scott Graham

Chesney, Bloodied, Spares Immigrant From Prison

Drop in on any criminal calendar in the federal building, circa 2008, and you’re bound to see the feds trying to toss an illegal immigrant in prison for felony re-entry, instead of just deporting them. So-called “1326” prosecutions are a Bush administration favorite, cheered by anti-immigration forces as a necessary bulwark against unfair job competition and derided by defense lawyers as a colossal crackdown on the poor. 

But here’s a twist: Judge Maxine Chesney actually tossed one out Wednesday. After meandering through her afternoon criminal calendar — one that featured the judge searching in vain for errant documents, which resulted in a paper cut, which resulted in several references to the ensuing blood — Chesney came to the matter of The United States v. Noe Arias-Ordonez.

Contempt-uous Behavior In Whyte's Courtroom

Usually when the judge says, “don’t touch those allegedly stolen trade secrets,” people listen.

But in a trade secrets case between Verigy and Silicon Test Systems, San Jose federal Judge Ron Whyte has found Silicon Test Systems to be in contempt (pdf) of a temporary restraining order.

The story is that Romi Mayder left Verigy to start his own company, STS, after which Verigy sued him, claiming he stole trade secrets to make his so-called Flash Enhancer chips. Melinda Morton, a Bergeson lawyer representing Verigy, secured a TRO last year in anticipation of a hearing for a preliminary injunction. The TRO basically prohibited Mayder from doing anything with the trade secrets in question.

AG Pay Bill Passes the Senate

You could almost feel the lawyerly love flowing from the floor of the state Senate yesterday as lawmakers from both sides of the aisle proclaimed the need to boost the pay of California’s 3,400 state-employed lawyers, many of them deputy attorneys general.

“The state of California should not be the training ground” for other public agencies, said Sen. George Runner, R-Lancaster.

“It’s the old story: You get what you pay for,” said Sen. Tom Harman, R-Huntington Beach.

The state has to compete with the pay offered to lawyers in other public agencies, Senate President Pro Tem Don Perata said, so “we don’t end up being a Double A farm team.”