The Leslie Brodie Report

"The State Bar has unfortunately long been more interested in how things look rather than how they really are," stated Professor Richard Zitrin -- one of the nation's leading authorities on legal ethics -- in a recent article appearing in the Recorder.

Professor Zitrin, who has taught Legal Ethics at U.C. Hastings College of the Law since 1994, along with Professors Deborah Rhode and Geoffrey Hazard, recently delivered a petition to the State Bar Board of Governors.

The petition was co-signed by 30 California ethics professors from 14 different law schools, and addressed deficiencies within the State Bar system, as well as proposed solutions.

According to Professor Zitrin, "With one exception, every single one of the recommendations was ignored."

Although he remains optimistic, Professor Zitrin noted, "Bar staff is deeply entrenched, so voluntary change will not be easy."

Click here to view the complete article:

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202475341666

Kamala Devi Harris, a democrat, has been elected Attorney General following the 2010 California state elections.

Harris, the daughter of a Jamaican born father and a Tamil Indian mother, presently serves as San Francisco's district attorney. She graduated from Hastings College of the Law in 1989.

Ms. Kamala Harris, born in 1964 was described by PBS's Gwen Ifill as a "Female Barack Obama" . Kamala Harris gained notoriety while serving as the mistress of Mr. Willie Brown-- who was born in 1934 and is otherwise a married man. (Photo:courtesy of The Huffington Post)

Mr Willie Brown, the former mayor of San Francisco. According to Kamala Harris, Willie Brown is like an "albatross hanging around my neck." Presently, Willie Brown is dating a woman he described as a "Beautiful Blond" -- Ms Sonya Molodetskaya (Photo:courtesy)

Harris will assume the position of attorney general in January of 2011.

*Additional updates about Kamala Harris and Willie Brown, please see Here and Here.

**For Kamala Harris' involvment with sham charitable entity CaliforniaALL, please see HERE.

**added subsequent to date of original publication

 

Judge Patrice McElroy of the California State Bar Court is the subject of highly-charged legal briefs recently submitted to the California Supreme Court by veteran attorney Stanley Arouty on behalf of his client, Mr. Ronald Gottschalk.

Pictured above is Judge McElroy, who is either unwilling or unable to recognize the seriousness of her anti-social behaviour. Her involvement in the "Bribing Pat" saga alerted TLR, McElroy's integrity is amiss. (Photo: Courtesy of Bar Journal.)

At issue is the intentional destruction of official court records by Judge McElroy as she did not want her inappropriate comments and threats to violate Gottschalk's civil and due process rights -- which were directed at Mr. Arouty -- to become part of the official record.

Specifically, Mr. Arouty has accused Judge McElroy -- no stranger to controversy based on her trail of past misconduct -- of intentionally removing and destroying an audiotape from a recording device that serves as the official record of the State Bar Court. (See excerpts from Arouty's declaration below)

This is the third known case in which Judge McElroy has been accused of engaging in grave misconduct.

In one instance, during a hearing presided over by Judge McElroy, she disclosed that Peter G. Keane -- who was then Dean of Golden Gate University School of Law and was representing an adverse witness (Ms. Sara E. Raymond) -- had been her supervisor when she was previously employed as an assistant Public Defender. However, Judge McElroy failed to disclose that at or about the time the hearing in question was taking place, she accepted as a gift from Mr. Keane an overseas trip.

Even more troubling is the fact that at or about the time the trip took place, Golden Gate University and the student in question were in the midst of litigating a civil case the student had filed in San Francisco Superior Court.

Separately, and as reported by TLR, Mr. Khana, a veteran member of the State Bar of California, also accused Judge McElroy of destroying evidence. Mr. Khana filed a civil rights case in federal court in connection with Judge McElroy's alleged misconduct.

If you're blue and you don't know
Where to go to why don't you go
Where fashion sits
Puttin' on the Ritz

If this song ever made it to TLR, one would have thought it would be in connection with some people mentioned in earlier posts.

We did not, however, expect that it will be in connection with NAPABA-- the National Asian Pacific American Bar Association. C'est la vie.

This weekend, November 17-21, 2010 the NAPABA Annual Convention will be held at the new Ritz Carlton Hotel in Los Angeles.

The convention is sponsored by Mercedes-Benz and Wal-Mart Stores.

The theme for this year convention is "INSPIRE".

The Ritz-Carlton, Los Angeles opened this month. Guests enjoy the best views in Los Angeles from virtually any part of the hotel.

Guest room features & amenities include:

*Built In Mirror Television in the bathroom.

*silk and plush terry robe and shoes.

*contemporary baths with Italian marble and sleek walk-in showers with rain shower head and separate soaking tub.

*Fully stocked mini- refreshment bar.

*Bath Butler and Bath Menu services.

*Twice-daily housekeeping service.

*Complimentary overnight shoeshine service.

NAPABA's advertised itself as "the voice for the Asian Pacific American legal profession. We promote justice, equity and opportunity for Asian Pacific Americans. We foster professional development, legal scholarship, advocacy and community involvement".

The Ritz has a partnership with Bvlgari, which is a good thing if you are a connoisseur of amenities, which at the Ritz includes soap, shampoo and lotion lightly scented with the unisex Bulgari au Thé Blanc.

NAPABA claims that since its inception in 1988, it has been at the forefront of national and local activities in the areas of civil rights, combating anti-immigrant backlash and hate crimes, increasing the diversity of the federal and state judiciaries, and professional development.

“Wal-Mart doesn’t just give money,” said Michael Chu NAPABA president. “They put their money where their mouth is” NAPABA has received money from Wal-Mart for four years.

The hotel is home to WP24, the latest restaurant by celebrity chef extraordinaire Wolfgang Puck. WP24 features refined Asian Cuisine.

The NAPABA Law Foundation (NLF) is a non-profit, tax-exempt 501(c)(3) organization established by the National Asian Pacific American Bar Association. NLF welcomes corporate, foundation, community, and individual donations to support its educational and charitable activities. All donations are tax-deductible to the maximum extent permitted by law.

Not in a mood for Asian food prepared by a German? No problem, and no need to leave the hotel. A taste of Latin culture is waiting for you at Boca located at the Conga Room. Boca offers an eclectic blend of Pan-Latin cuisine, with South America, Mexico and Caribbean influences. Its kitchen is overseen by Cuban-born executive chef Alex Garcia, a chef renowned for his Nuevo Latino creations.

The goal of the 2010 NAPABA convention is to "showcase all that we find inspiring in the law and in our achievements as Asian Pacific American lawyers, in our roles as attorneys, advocates for justice and the undeserved, as volunteers, community leaders, and mentors. In line with this theme, we strongly encourage program submissions that educate as well as inspire, in all areas of practice and in highlighting the great work we as lawyers can do.

The Hotel is also a home to the restaurant "LA Market" by Kerry “Rock n’ Roll Chef” Simon. The Open Kitchen is alive with action as chefs move in a dance of precision and skill presenting fine crafted dishes that balance a sense of approachability yet somewhat rebellious interpretation with quality and finesse.

Not feeling inspired by the convention as of yet, you can replace worldly concerns with a world of comfort. Escape to the spa to inspire renewal.

Mercedes-Benz is a regular sponsor of NAPABA events. In addition, on a yearly basis, Mercedes-Benz donates to NAPABA a brand new vehicle which is awarded to participants in the NAPABA annual sweepstakes.

This year the winner has the choice of either a 2010 SLK300 ROADSTER or a 2010 GLK350 SUV. The name of the inspired winner will be announced at the convention.

TLR is of the opinion the above is not at all modest and not at all appropriate for an organization which lives off the generosity of others, especially not the spending of Wal-Mart money at the Ritz Carlton.

"Earth provides enough to satisfy every man's need, but not every man's greed." --Mahatma Gandhi.

November 17, 2010

Intake Unit/Office of the Chief Trial Counsel
State Bar of California
1149 South Hill Street
Los Angeles, California 90015-2299

VIA FACSIMILE & UK MAIL

I. INTRODUCTION & NOTICE OF COMPLAINT:

Please register a formal ethics complaint against Mr. Thomas P. O'Brien (Bar No. 166369) for misconduct relating to exceeding approved travel spending limits while serving as the U.S. Attorney for the Central District of California.

II. SUMMARY OF FACTS:

Respondent Mr. Thomas P. O’Brien ("O'Brien") is a member of the State Bar of California. He graduated from the United States Naval Academy in 1981, and from the University of San Diego School of Law in 1993, where he was an Associate Editor of the San Diego Law Review and received his degree with honors. Presently, O'Brien is a litigation partner with Paul Hastings in Los Angeles, where he leads the firm’s west coast White Collar practice group.

From October 2007 to October 2009, O'Brien served as the United States Attorney for the Central District of California. It was during this time period that O'Brien engaged in misconduct by knowingly staying in hotel rooms which he knew exceeded his approved spending limits.

Of the 23 hotel vouchers O’Brien submitted during his tenure, six exceeded the allowable rate and provided insufficient justification. The total overage was $903. A recent report by the Department of Justice’s Inspector General found that a few of O’Brien’s claims for reimbursement were “inappropriate and egregious violations” of the policies governing federal employees. Moreover, the Department of Justice’s Inspector General found that O'Brien exhibited a noteworthy pattern of exceeding the government rate, and that his travel documentation provided insufficient, inaccurate, or no justification for these excesses.

According to the Los Angeles Times when interviewed by investigators, O'Brien blamed his secretary for selecting the more expensive rooms on her own and denied telling her to misrepresent the reason for the increased expenditures, the report states. If she said otherwise, O'Brien told investigators, "it was to cover her own misconduct."

Please note that we have cited the above report by the Inspector General for your reference; however, after having fully familiarized ourselves with the circumstances surrounding O'Brien's travels, as well as his subsequent statements and actions, we are only able to point with certainty to one instance in which O'Brien exceeded the allowable budget by $206 without providing adequate justification or explanation.

Specifically, O'Brien, who lives in Los Angeles, was scheduled to deliver a speech at a morning conference in Anaheim. Rather than driving from Los Angeles to Anaheim on the morning of the conference, O'Brien opted to travel to Orange County the previous night in order to avoid the rush-hour commute. However, rather than booking a room at the conference hotel for $143 per night, he opted to stay in a hotel situated 20 miles away in Newport Beach for $349 a night. The Inspector General's report states that O’Brien “provided no explanation” for his decision not to stay in the Anaheim hotel.

It is certainly plausible that O'Brien -- who in addition to being the U.S. Attorney for the largest district in the U.S. and was the main speaker at the conference -- wanted to isolate himself the previous night in order to prepare and rehearse his speech. If he had stayed at the Anaheim hotel, where the convention was held, he could have, for example, have run into old friends and colleagues and felt an obligation to socialize with them. Another plausible explanation is that O'Brien wished to maintain a healthy professional distance from his subordinates by not encountering them in the dining room and the gym, for example.

If O'Brien provides the State Bar of California with an explanation or justification similar to the above regarding his decision to stay in Newport Beach rather than Anaheim, we ask that this complaint be withdrawn.

In addition, after carefully reviewing the report issued by the Inspector General, Complainant finds it legally insufficient and lacking merit sufficient to sustain any accusations against O'Brien as it is primarily based on hearsay evidence that was not subjected to vigorous cross-examination. Most troubling is the claim by the secretary that it was O'Brien who instructed her to exceed the allowable budget. A more plausible explanation is that the secretary wished to curry favor with her supervisor -- the person who evaluates her performance and decides whether or not she will obtain a raise and be promoted.

Given O'Brien's stellar career, his unparalleled contribution to the community, the fact that he is otherwise a model citizen, his spontaneous payment of restitution and the secretary's lack of credibility, complainant asks that the State Bar privately reprove O'Brien if he fails to offer a justification or explanation for his decision to stay in the hotel in Newport Beach, rather than Anaheim.

Please do not hesitate to contact me directly at lesliebrodie@gmx.com if you need further information or have any questions.

Midnight; Saturday, April 22 1979; Mediterranean Sea:

Sailing through darkness on the water of the Mediterranean Sea was a small rubber-boat.

Occupying the boat, which was headed towards Nahariya--a city on the northern coast of Israel, were five armed men and their leader--Mr. Samir Kuntar.

Upon landing on the beach, the five quickly headed towards a residential area. Stumbling upon a police officer, they shot and killed him. Moving on, they broke into an apartment building and kidnapped a man and his four-year-old daughter, hoping to use the two hostages as bargaining chips.

The group hurried back towards the awaiting rubber-boat whereupon a shootout erupted with Israeli squad of soldiers. Samir Kuntar, now with a deflated rubber-boat and surrounded by soldiers, murdered the little girl and her father execution style.

Kuntar was captured and was handed a life sentence. In prison Kuntar managed to complete a bachelor's degree in social studies/humanities. He was released in 2008. Upon his release, Kuntar vowed to continue with the killing.

Tuesday, May 5 2009; London, Britain:

The Secretary of State for the Home Department, Ms Jacqui Smith,issued a press-release naming 16 "undesirable individuals" who were banned from entering the United Kingdom over their alleged threat to public order. Amongst the 16 were Mr. Samir Kuntar and a San Francisco based radio presenter--Mr. Michael Savage.

4:00 a.m. Monday, May 31 2010; Mediterranean Sea:

A flotilla consisting of six vessels was intercepted by the Israeli Navy.
On board the flotilla's flagship, the Mavi Marmara, were 75 mercenaries with links to Al-Qaeda and other terror organizations.

The organizers of the flotilla claimed that it was carrying humanitarian aid and construction equipment. Israel offered to allow the flotilla to land in an Israeli port, and to deliver by road any goods that passed its checks. An offer which was rejected.

After repeated warnings were ignored, at 10:00 a.m. the ships were boarded by Israeli soldiers carrying guns loaded with paintballs. See http://www.jpost.com/Opinion/Columnists/Article.aspx?id=184457

No casualties or injuries were reported by the captains of five of the vessels. While attempting to commandeer the flagship Mavi Marmara, soldiers were assaulted by Al Qaeda personal carrying iron rods and knifes. A chopper hovering above the ships dispatched few armed soldiers to help the ones who were assaulted. The ensuing events resulted in casualties and injuries.

Last week, Israel’s deputy prime minister, Mr. Dan Meridor,canceled a planned trip to the U.K. after a court in London issued a warrant for his arrest. The basis for the warrant is Meridor's alleged involvement in the events which took place on the Mavi Marmara.

In 2009, Ms. Tzipi Livni, Israel's foreign minister, canceled a trip to London after a British court had issued an arrest warrant against her for war crimes she had allegedly committed.

Abusing the "Universal Jurisdiction Doctrine" which allows U.K. courts to prosecute alleged war crimes from elsewhere in the world, pro-Palestinian activists seek the arrest of any Israeli officials who enters the United Kingdom.

In light of the above, Britain should consider revoking or amending the law with regards to universal jurisdiction. Arguably, our own officials may be hauled to the Old Bailey because of our involvement in Iraq, Afghanistan and the Falklands.

On Tuesday California residents will decide if California Supreme Court Justices Carlos Moreno and Ming Chin will remain on the court for an additional period of 12 years.

Justice Ming Chin. (Photo:courtesy of San Diego Union-Tribune)

Additionally, the voters will decide if Third District Court of Appeal Justice and the current Chief Justice nominee, Ms. Tani Cantil-Sakauye, is worthy of the title Chief Justice of the California Supreme Court.

Assuming Justice Cantil-Sakauye and Justice Ming Chin are both elected, and along with Justice Joyce Kennard, APA will have a 42% representation on the California Supreme Court, while APA are only 12.5% of California's population.

Justice Cantil-Sakauye, if elected would replace Chief Justice Ronald M. George who will be retiring in January. Should the voters decide not to elect her, it will be up to California's new governor to directly appoint a new chief justice.(Photo:Courtesy Los Angeles Times)

Lobbying for the appointment of an APA as a justice on the United States Supreme Court, attorney John C. Yang, immediate past president of NAPABA (National Asian Pacific American Bar Association) and chair of the group’s Judiciary Committee stated to The Pacific Citizen:

"It is essential that the (United States Supreme Court) court reflect the diversity of viewpoints and experiences of the country’s residents. Throughout history, Asian Americans often have been perceived as perpetual foreigners, even by judges. Having an Asian American on the Supreme Court may help to combat such stereotypes and prevent those miscarriages of justice.”

“Having an Asian American on the United States Supreme Court means winning equal justice for Asian Americans,” Mr. S.B. Woo--president of 80-20, a non-partisan political action committee that has actively been promoting AA candidates for the U.S. Supreme Court.

Should NAPABA,for the sake of intellectual honesty and a diverse California Supreme Court, decries and otherwise urge voters to NOT vote for two jurists with an APA background?