The Leslie Brodie Report

For more about Thomas Girardi, please visit:

http://bit.ly/xY2k5q

In the midst of a public relations crisis arising from the mistreatment of the Sara Granda by the State Bar of California, an article was published in the California Bar Journal. The article was published on July 27, 2009, and was written by Diane Curtis.

As the reader will soon observe, this article is imbued with inaccurate information and is otherwise dishonest.

Soon after U.S. District Court Judge Morrison England dismissed the federal complaint filed by Granda against the State Bar, a Sacramento attorney, Stewart Katz, volunteered to help Granda, and did so by filing a writ of preemptive mandate against the State Bar of California.

The emergency writ was filed on July 27, 2009 and was served electronically on the State Bar. (See below.)

Richard Zanassi, an attorney employed by the State Bar's Office of General Counsel, filed an opposition in response to the writ. However, due to the wide media attention focusing on the case, the opposition was styled as a request for guidance by the court.

Thus, the article written by Diane Curtis and published in the California Bar Journal is dishonest as it misleads readers into believing that the State Bar, on its own accord, approached the California Supreme Court of its own volition, as an act of altruism and due to concern for Ms. Granda. Clearly, this was not the case.

In addition, one must wonder why Diane Curtis did not mention the fact that Granda, through Stewart Katz, filed the writ for mandamus.

As is made clear by its order, the Supreme Court decided the matter by granting the writ, and not by granting the State Bar's purported request for guidance.

Metropolitan News-Enterprise, a Los Angeles daily newspaper focusing on law and the courts, recently published an OP-ED piece by Gert Hirschberg.

Hircshberg, a retired trial lawyer and a former professor of torts, is of the opinion that none of Arnold Schwarzenegger "deeds or misdeeds exceeded the damage he did upon the people of California with his appointment of the new Chief Justice."

Hircshberg wrote:

"Tani Cantil-Sakauye is a pleasant, likeable graduate from the UC Law School at Davis. The only trouble is that a Felix Frankfurter she is not. Arnold Schwarzenneger plucked her out of hundreds to become the next Chief Justice of California.

What is her history? College and law school at UC Davis; four years in the Sacramento District Attorney’s office; eight years in the Superior Court as a trial judge; five years in the Appellate Court. She had also served one year as legal affairs secretary for then Governor Deukmejian. Scholarly writings in books, appellate briefs, law review articles, none. Teaching in law schools, none.

Unless she has completely concealed it from public scrutiny, she has never managed an investment or a business, nor been involved in any personnel administration, public or private. Yet, she has been put in charge of a multi-billion dollar enterprise with real estate holdings in every town so large it would make Donald Trump look like a piper."

According to www.blackjackchamp.com "As a student, Cantil-Sakauye received training as a blackjack dealer. With her training, she was able to get a job dealing blackjack during summers and weekends at Harrah’s Casino in Lake Tahoe. She used the money she earned to help pay her way through law school at the University of California. After finishing her law degree, Cantil-Sakauye went back to the tables for a short time, dealing blackjack again in Reno."

Please visit the below link for the entire article written by Professor Hirshberg .
http://tinyurl.com/winelovedIdeeplydicedear

For earlier entries about this topic, please visit:

http://goo.gl/CXxuK

http://goo.gl/kNMpL

http://goo.gl/rCedG

http://goo.gl/mEFqJ

Mr. Robert A. Hawley,Deputy Executive Director of the State Bar of California.(Photo:courtesy)

Enclosed below is a letter which was sent by the confidential complainant to the State Bar of California's point of contact -- Mr. Robert A. Hawley, and is dated May 23, 2011

Dear Mr. Hawley:

1. Unless I am mistaken, the understating between you, Mark Torres-Gil, and myself was that matters concerning the ethics complaint I filed against James Towery, Howard Miller, Jerome Falk, and Douglas Winthrop relating to the State Bar's handling of attorney misconduct in the litigation against Dole will be communicated to you, and matters relating to CaliforniaALL will be directed to Mr. Torres-Gil.

Other than the initial communication received from you about 5 months ago, I haven't heard from you. Last week, I spoke with the Intake Office and was informed that the complaint is still within the confines of the State Bar. This complaint should have been forwarded to outside counsel shortly after it was received by the Intake Office.

Specifically, the policy governing ethics complaints against attorneys employed by the State Bar calls for a quick examination for probable cause and, if such probable cause exists, that the matter be quickly farmed out to outside counsel. This is a procedure the Intake Office failed to utilize.

Accordingly, I ask that you provide the name of the Special Counsel investigating this matter within 10 days.

You also stated in your initial and only communication of five months ago that you would forward documents which I was entitled to examine. Since I have received no documents from you, is it safe to assume that no such documents exist?

2. In connection with the collusion to conceal the relationship
between one of the parties and the court in the matter of Granda v. State Bar of California, and while in the process of drafting an ethics complaint against the attorneys involved, I noticed that Dean Barbieri, the former State Bar employee responsible for the administration of the Bar Exam who now serves as JFK School of Law's dean, lists his address as JFK School of law with an email of dean.barbieri@calbar.ca.gov.

Mr. Dean Barbieri, Dean of the College of Law at John F. Kennedy University located in Pleasant Hill, California. (Photo:courtesy)

Is Dean Barbieri still employed by the State Bar? Or was he remiss in changing his email address? Or does the State Bar allow former employees the use of its email system?

Thank you for your anticipated response. Please do not hesitate to contact me if you have any questions.

-------------------------------------------------------------------------------------------------------------------------------------------------------------

For important updates, including communication from Jerome Falk,  please see @:

http://lesliebrodie.blog.co.uk/2011/12/08/jerome-b-falk-of-howard-rice-state-bar-of-california-special-prosecutor-in-ninth-circuit-matter-of-in-re-girardi-adjudicated-by-n-randy-smith-mar-12275371/

AND @:

http://lesliebrodie.blog.co.uk/2011/12/13/ninth-circuit-court-of-appeal-matter-of-in-re-thomas-girardi-adjudicated-by-marsha-berzon-n-rabdy-smith-william-fletcher-jerome-falk-howard-rice--12300044/

CalALL_Dec2008Newsletter

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) was Torie Flournoy-England, spouse of Hon. Morrison England. Judge England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL's Advisory Council. The above is Attachment 3 to a judicial misconduct complaint filed against Judge England with the Judicial Council of the Ninth Circuit alleging failure to disclose to the plaintiff (Sara Granda) in the case at issue the nature of his (and his wife's) close relationship to the defendant (State Bar of California) or, alternatively, to recuse himself from the matter. More information about the complaint below.

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL's alleged purpose was to award grants to entities that would increase minority participation in the "pipelines" that feed into various industries, such as finance, technology, and law.

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

Other than in Foundation tax records and a 2 by 2 inch blurb in its 2008 annual report, the sub rosa contribution was never mentioned again – not by the State Bar of California, not in the Cal Bar Journal, not in the Foundation's "newsroom," and not by anyone or any publication of CaliforniaALL.

CaliforniaALL was abruptly dissolved in July 2010.

Circumstances surrounding CaliforniaALL are imbued with fraud, deceit, secrecy, and prima facie evidence of criminal conduct by many of the actors involved.

As we reported here yesterday, Leslie Hatamiya -- Executive Director of the California Bar Foundation who colluded with Holly Fujie, Ruthe Ashley, Patricia Lee and Judy Johnson in order to maintain secrecy over the unlawful transfer of $780,00.00 from California Bar Foundation to CaliforniaALL -- has resigned and a search for a replacement is underway.

COMPLAINT AGAINST JUDGE MORRISON C. ENGLAND

The Leslie Brodie Report ("TLR") has learned from confidential sources a complaint for judicial misconduct against the Hon. Morrison C.England, United States District Court, Eastern District of California has been delivered to the Judicial Council of the Ninth Circuit.

The complaint, which we only publish selected parts below as a service to the community, alleges Judge England's failure to disclose to the plaintiff (Sara Granda)in the case of Sara Granda V State Bar of California the nature of his (and his wife's) close relationship to the defendant (State Bar of California) or, alternatively, to recuse himself from the matter constituted misconduct.

Below are only selected parts of the complaint:

The undersigned Complainant was not a party to the litigation, and byfiling this complaint is not seeking to change the outcome of the "underlying case” – i.e., the case presided over by the Judge England which is the subject of this complaint. However, in order to fully comply with the requirement stated in Local Rule 6.1(d) and the requirement to place the statement on page 1 of the complaint, I herby state the following: "I understand that even if I successfully prove that the judge engaged in misconduct or is disabled, this procedure cannot change the outcome of my underlying case."

In addition, while some documents and exhibits are being submitted along with this Complaint, documents that are part of the Court file are not being provided pursuant to guidance found on page 2 of the instructions which state: "Thus, you need not include copies of your filings in the underlying case or the judge's orders because even if a review of those documents is necessary, the documents are accessible via PACER. Excess or irrelevant documentation will be returned to the complainant.”

To reiterate, this Complaint alleges and deals solely with misconduct on the part of Judge England resulting from his failure to inform the parties, and particularly the plaintiff, of the existence of a close and personal relationship to defendant.

GENERAL BACKGROUND:

The Honorable Judge Morrison C. England is a United States District Court judge for the Eastern District of California who sits in Sacramento. Prior to assuming the role of a federal judge, he served as a judge with the Sacramento Superior Court. He is a graduate of McGeorge School of Law, also located in Sacramento.

In approximately 2005, as part of his community involvement and extra-judicial activities, Judge England became involved in programs initiated by Elizabeth Parker, dean of McGeorge, and Sarah Redfield, a visiting professor from New Hampshire, relating to the promotion of diversity within the legal profession. Ruthe Catolico Ashley, an assistant dean at the career office at McGeorge School of Law who later assumed a position as a Diversity Officer at CalPERS, was also involved in these activities.

The diversity initiatives instigated by McGeorge were both local and national in scope. The local program in Sacramento was entitled "PacificPathways.” The program to promote diversity on a national level became known as "Wingspread," which evolved into a series, including Wingspread – Blackboard, Bench, and Bar and Wingspread – Delivered and Deliverable, and the like. Torie L. Flournoy, a school principal from Sacramento, was also involved in these programs at the local level.

Because Ruthe Ashley also served on the Board of Governors of the State Bar of California and Sarah Redfield served on the State Bar's Council on Fairness and Access, the parties from Sacramento (namely, Parker, Ahley, Flournoy, Redfield and Judge England) became acquainted with individuals from the State Bar of California who are involved in matters relating to diversity, including Executive Director Judy Johnson, State Bar employee Patricia Lee, and Buchalter Nemer's Holly Fujie. As such, it was common to observe the same participant names at various diversity-related events taking place around the country.

For example, over a 3 day weekend in Monterey on October 5-7, 2006, part of the Wingspread program ran concurrently with the State Bar of California's annual convention. Some of the attendees included Judy Johnson, Holly Fujie, Patricia Lee, Ruthe Ashley, Torie L. Flournoy, Hon. Morrison C. England, Dean Elizabeth Parker, and Sarah Redfield. (See attachment 1.)

This event, Wingspread -- Blackboard Bench and Bar, was organized by Sarah Redfield. Similarly, in June 2007, and also part of the "Wingspread" series, a summit was held in Honolulu, Hawaii at which Dean Elizabeth Parker, Hon. Morrison C. England, Sarah Redfield and Torie L. Flournoy were all in attendance. (See attachment 2.)

In approximately 2007, Ruthe Ashley and Munger Tolles & Olson's Jeffrey Bleich served as vice-president and president of theCalifornia State Bar, respectively. During that time frame, an idea was formulated to replicate an existing entity that would also absorb large sums of money from utility companies and which would be used to promote diversity.

The original entity, the California Consumer Protection Foundation (CCPF), was secretly controlled for years by State Bar Executive Director Judy Johnson. Fines and settlements from proceedings before the CPUC and other cy pres funds of approximately $30 million dollars were funneled to CCPF, primarily from legal and administrative proceedings. Unlike the funds funneled to CCPF via cy pres funds or fines imposed by the CPUC, the funds flowing to the new entity would come from utility companies' voluntary donations after they were urged by the CPUC and others to donate in order to further diversity.

As such, Peter Arth (Chief of Staff to then-president of the CPUC, Michael Peevey) invited Ruthe Ashley to a restaurant in San Francisco. As a result of the meeting, a new entity known as CaliforniaALL was formed as a Section 501(c)(3) charitable entity that would collect funds to theoretically be used to invest in promoting diversity.

CaliforniaALL, which came into existence in 2008 and was abruptly dissolved in 2010, was considered to have been in a partnership relationship with the State Bar of California. (See first page Attachment 3 - CaliforniaALL newsletter dated December 12, 2008 which consists of 4 pages.) In addition, the partnership stipulation between the State Bar and CaliforniaAll provided that the Board of Governors would appoint two of CaliforniaALL's members to the Board of Directors.

Executive Director of the State Bar of California Judy Johnson,Patricia Lee , and Judge Morrison England were members of CaliforniaALL's "Advisory Council” (see Attachment 3, page 4), affording Judy Johnson and Judge England numerous opportunities to meet and collude or, at a minimum, to create such an appearance.

CaliforniaALL obtained donations of almost $2 million, primarily from utility companies such as Sempra, AT&T, PG&E and, of course, Verizon Wireless.

In addition, Judy Johnson, Patricia Lee, Buchalter Nemer's Holly Fujie , and Leslie Hatamiya colluded to transfer $780,000 sub-rosa from the State Bar of California Foundation (dba California Bar Foundation) to CaliforniaALL. (See attachment 4 -- Cal Bar Foundation 2008 IRS Form 990, Schedule I, which lists $774,247 to CaliforniaALL).

The transfer of $774,247 from Cal Bar Foundation to CaliforniaALL was never acknowledged by CaliforniaALL. (See page 1 of Attachment 3, making no mention of Cal Bar Foundation as a Founding Funder. Similarly, it was never mentioned in the California Bar Journal or the NewsRoom of Cal Bar Foundation, where all other grants were heavily reported.)

It is worth noting that the California Bar Foundation is part and parcel of the State Bar of California, despite claims to the contrary and the contention that it is only affiliated with the State Bar. The fact of the matter is that the State Bar's Board of Governors appoints all Foundation board members, including the president, and that the Executive Director of the California Bar Foundation reports directly to the Board of Governors and needs the Board's approval to change any bylaws, for example.

In the meantime – after Judge England filed for summary dissolution in the Sacramento Superior Court, and after Judge England and Torie L. Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL's board of directors, and while CaliforniaALL was in existence – a lawsuit was filed in the Eastern District of California in which the State Bar of California was named as the sole defendant. (See Attachment 3; page 4 which lists Torie Flournoy-England as board member of CaliforniaALL)

The action was filed by plaintiff Sara Granda and was titled Sara Granda v. the State Bar of California (Case Number 2:09-cv-02015-MCE). The matter was adjudicated by Judge England, who promptly
dismissed it. Neither Judge England nor the defendant or its counsel disclosed to Granda the ongoing relationship with CaliforniaALL, to wit:

1. CaliforniaALL and the defendant (State Bar of California) are business partners.

2. Judge England and the Executive Director of the State Bar of California (Ms. Judy Johnson) are members of CaliforniaALL's advisory council.

3. Torie Flournoy-England, the spouse of Judge England, is a board member of CaliforniaALL, an entity that is a partner of the State Bar.

4. And, the unusual sub rosa transfer of $780,000 from defendant to CaliforniaALL.

By failing to make the disclosure mandated by these facts, and/or by failing to recuse himself from hearing this matter, Judge England committed misconduct, irrespective of the merits of the case or its outcome. As such, Judge England must be disciplined for not acting in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Even though the outcome of the Granda matter is irrelevant to a determination of Judge England's misconduct, the following paragraphs are included to provide further background and to rebut any allegation that the relationship between the Englands and the defendant caused no prejudice to plaintiff Sara Granda, or that the failure to provide fair administration of justice was otherwise harmless. The fact of the matter is that the plaintiff was severely prejudiced by Judge England's misconduct.

Granda, a 2009 graduate of the Davis school of Law, intended to sit for the July 2009 bar exam. The recent graduate, a quadriplegic who can only move her head and fingers, arranged for the California Department of Rehabilitation to pay the examination fee of $600, which it did via check. However, the State Bar of California stated that it only accepts payments made via credit card, and would not allow Granda to sit for the fast-approaching bar examination.

Plaintiff sensed unfairness and, like many recent law school graduates before her who approached federal court, she asked the federal court to award her both monetary and equitable relief in her lawsuit, which claimed that defendant State Bar of California violated the Americans with Disabilities Act.

The State Bar of California, which was represented by Michael von Lownedfelt of Kerr & Wagstaffe, as well as Lawrence Lee, Mark Gil-Torres and Rachel Grunberg (State Bar in-house attorneys) asserted that the State Bar was immune pursuant to the 11th Amendment.

In its filing, defendant mostly cited as authority cases adjudicated by district courts around the country, as there is no clear authority addressing the interactions between the ADA and Eleventh Amendment Immunity. Cases which held otherwise were not referenced by defendant, such as Stoddard v. Florida Board of Bar Examiners.

Judge England promptly dismissed the case without giving Granda the chance to amend or plead around the issue of Eleventh Amendment Immunity by, for example, naming Judy Johnson as a defendant in her individual capacity. In addition, Granda's claim for monetary relief was completely ignored by the judge, and was never ruled upon.

In view of the above, it is clear that Judge England did not fulfill his obligation to disclose all facts that might serve as grounds for disqualification. HIs failure to disclose his (and his wife's) direct and continuing association with the defendant over the course of four years must be seen as a breach of the rules governing judicial conduct that goes beyond mere negligence or harmless error; it suggests that Judge England actually had an interest in the outcome of the proceedings resulting from his relationship with the defendant.

Amid a developing ethics probe -- Leslie Hatamiya -- the embattled executive director of the Foundation of the State Bar of California (DBA California Bar Foundation), has resigned.

Ms. Leslie Hatamiya, who colluded with Holly Fujie, Ruthe Ashley, Patricia Lee and Judy Johnson in order to maintain secrecy over the unlawful transfer of $780,00.00 from California Bar Foundation to CaliforniaALL.(Photo:Courtesy)

The Leslie Brodie Report has learned a search is under way to find a new executive director.

The public nonprofit has been in trouble since an investigation by the Leslie Brodie Report revealed multiple and improper transactions preying on those the organization is supposed to serve -- most notable of which were frivolous scholarships awarded to Marissa Prayongratana (AKA Marissa Dennis) and Sonja Diaz.

Separately, The Leslie Brodie Report was instrumental in publishing stories relating to an investigation by a Yoloan rabbi into CaliforniaALL -- an entity which obtained secretive and unlawful donations in the amount of $780,000.00 from the California Bar Foundation.

Prior to joining the California Bar Foundation, Hatamiya was the chief of staff at SOMA Networks -- a San Francisco-based wireless broadband company.

Untitled

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL's alleged purpose was to award grants to entities that would increase minority participation in the "pipelines" that feed into various industries, such as finance, technology, and law.

On January 27, 2009 DLA Piper's Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly "Select Committee on Rail Transportation." DLA Piper's Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)-- a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

JUDGE AND MRS. MORRISON ENGLAND

Hon. Morrison C. England, born 1954 in St. Louis, Missouri, received a B.A. from University of the Pacific in 1977 and a J.D. from University of the Pacific, McGeorge School of Law, in 1983. He was in private practice in California from 1983 to 1996 and served as a judge on the Sacramento Superior Court for the State of California from 1996 to 2002. In 2002, England was appointed to serve as a federal judge for the United States District Court for the Eastern District of California, located in Sacramento, California.

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were Torie Flournoy-England, the esteemed and educated spouse of a Sacramento- based federal judge, Hon. Morrison England.

Judge Morrison England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL's Advisory Council. See below.

Sara M. Granda v State Bar of California (2009 cv 02015)

Ms. Sara Granda. It is easy to imagine Sara Granda in a courtroom, questioning witnesses, challenging the opposition, and fighting for justice with the force of her large personality. A ventilator, which she needs to breathe, would hang from the back of her wheelchair. An assistant would help her flip through files, since she cannot move her hands or arms. When she approaches the bench, Ms. Granda would maneuver her chair using her tongue. "So much of what happens in the courtroom is theater," says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17. "I'm not sure how much time I will spend in court as an attorney. But I know I could do it." (Photo and Narrative Courtesy of www.alldeaf.com)

In May 2009, Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California's Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered.

Ms Gayle Murphy (Image:courtesy of Cal Bar Journal)

However, the State Bar of California's Office of Admission, headed by Ms. Gayle Murphy, never processed Granda's application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card.

The State Bar of California did not relent, and neither did Granda.

Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated: "It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam. Government should work for the people, not against them and I'm calling on the state bar to allow Sara Granda to take next week's test. Sara is a fighter and I am with her all the way.”

Mr. Robert A. Hawley, California State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee: "It's a high-tech process, and people need to maneuver it successfully, and we can't be in the business of helping any one person out with it." Hawley continued: "That takes us down a path that ends up in a place we don't want to be. How do you then choose which ones to help and which you don't?"

"I worked very, very hard for every cent," Granda stated to the local media. "So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail."

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.

The case was assigned to the courtroom of Hon. Morrison C. England, the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson, served on CaliforniaALL's advisory council.

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California was Mr. Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California.

In addition to Mr. Torres-Gil, the State Bar of California also retained the services of a private law firm -- Kerr & Wagstaffe.

To be continued.

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between Ruthe Ashley (a Diversity Officer at CalPERS and Vice President of the State Bar of California) and Peter Arth, Jr., Chief of Staff to CPUC President Michael Peevey. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the "pipelines" that feed into various industries, such as finance, technology, and law.

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

According to confidential sources, an ongoing multi-prong inquiry is continuing. A source maintains that one aspect of the inquiry involves a close and focused examination of Munger Tolles Olson's Jeffrey Bleich, CPUC, CCPF, Verizon, Judy Johnson, Starr Babcock, Marie Moffat, and Robert Hawley.

Mr. John T. Broderick Jr., dean & president of the University of New Hampshire School of Law. Broderick served on the New Hampshire Supreme Court for 15 years. Under Broderick's leadership, New Hampshire established an "Access to Justice Commission" to help enhance programs that provide low cost legal services to poor and low income citizens. Broderick wrote, along with Ronald George, Chief Justice of the California Supreme Court, a 2010 New York Times op-ed lamenting the rise of unrepresented litigants and calling for an expansion of limited-scope representation. (Credit:Photo and Narrative from UNH http://law.unh.edu/johnbroderick/)

According to the sources, University of New Hampshire School of Law has been served with a cease & desist request, which as a service to the community we publish below.

Dear Dean Broderick:

Consistent with the University of New Hampshire School of Law's Statement of Values and commitment to integrity and adherence to the highest ethical standards, this is a request that certain inaccurate information be removed from the school's web-site. Specifically, this request relates to inaccurate and false material contained in Professor Sarah E. Redfield's CV, including that A) she "launched" the Saturday Academy of Law at U.C. Irvine and B) she was and is a member of the Saturday Law Academy's "Curriculum Committee."

For background, Professor Redfield was a visiting professor at McGeorge School of Law in Sacramento, California from 2004 to 2008. While at McGeorge, Professor Redfield and McGeorge's Dean, Ms. Elizabeth Parker, established and otherwise engaged in activities to promote diversity within the student body. This included a series of "Wingspread" events, notable of which was "Wingspread -- Delivered and Deliverable."

Also while at McGeorge, Professor Redfield met Ms. Ruthe Ashley, who was serving as Assistant Dean in the Career Development Office.

In approximately 2007, Ms. Ashley left McGeorge for employment as a diversity officer at CalPERS, the California Employee Retirement System. In addition, Ms. Ashley served as the Vice President of the Board of Governors of the State Bar of California (alongside 3 other Vice Presidents). Serving as President of the State Bar of California at that time was Munger Tolles Olson's Jeffrey Bleich. (Bleich, a long time friend of President Barack Obama, now serves as the U.S. ambassador to Australia.)

In California, the California Public Utility Commission ("CPUC") is charged with the task of regulating utility companies (such as AT&T, Verizon Communication, and others). The CPUC is controlled by a president (Mr. Peevey) and 3 commissioners.

Much like McGeorge and the State Bar of California, the CPUC was and is interested in promoting diversity among the utility companies and their subcontractors, and in fact has issued numerous rulings, fines, and mandates to that effect. Most notable among those who have lobbied for and authored legislation to that effect is State Bar of California
Board of Governor member Gwen Moore.

Utility companies have demonstrated their willingness to abide by the mandates concerning diversity via contributions of huge sums of money to support diversity-related events, and to buy peace as part of fines and settlement imposed by the CPUC (mostly on Verizon Wireless, which was and is represented by Munger Tolles & Olson). Consistent with CPUC's desire to promote diversity, in approximately mid-2007, Mr. Peter Arth (Chief of Staff to CPUC's President Peevey) invited Ms. Ashley to a meeting held at a San Francisco restaurant to discuss matters allegedly relating to diversity. Professor Redfield also attended the meeting.

Out of that meeting, and consistent with their knowledge of the utility companies' desire to make contributions (particularly Verizon), the participants decided to create a Section 501(c)(3) entity known as "California ALL." This organization was intended to serve as an umbrella organization by raising funds that would go to support a more diverse workforce in California.

CaliforniaALL came into being towards the end of 2007. Mr. Victor Miramontes of San Antonio, Texas, a business partner of former HUD Secretary Henry Cisneros, served as Chairman of the organization's board. Professor Redfield served as CaliforniaALL's Interim Executive Director and consultant; according to data submitted to the IRS, Professor Redfield was paid $157,000 for those services as an independent contractor.

In approximately mid-2008, and after a "nationwide search," Ms. Ruthe Ashley was elected to serve as CaliforniaALL's permanent CEO. Ms. Ashley exited CaliforniaALL in approximately September 2009, and the entity was dissolved in or about June 2010.

During its brief existence, CaliforniaALL collected close to $2 million in contributions, mostly from utility companies (and primarily from Verizon which, again, is represented by Munger Tolles & Olson) and through a sub rosa transfer of $780,000 from the Foundation of the State Bar of California.

CaliforniaALL's only contributions were made to the U.C. Irvine Foundation (where State Bar of California Executive Director Joe Dunn served as trustee) to support the U.C. Irvine Saturday Academy of Law ("UCISAL").

Because CaliforniaALL needed to justify its existence, a massive campaign was put in place to credit it with the creation of UCISAL. In actuality, however, UCISAL was in existence as early as 2004 as part of a partnership between UCI and the Santa Ana School District in Orange County, California. Please see:

http://www.flickr.com/photos/saturdayacademy/archives/

Moreover, contrary to her representations, Professor Redfield was never and is not now a member of UCISAL's "Curriculum Committee".

Please see:

http://www.cfep.uci.edu/sal/curriculumcomm.html

and

http://www.flickr.com/photos/saturdayacademy/3928801623/in/set-72157622397915742

and

http://www.cfep.uci.edu/sal/oversightcomm.html

and

http://www.flickr.com/photos/saturdayacademy/3928784991/in/set-72157622397915742

I am also providing links to photos from UCISAL's flickr account which prove the existence of UCISAL as early as 2004.

http://www.flickr.com/photos/saturdayacademy/4519588348/in/datetaken/

Here, a visit by UCISAL to the law firm of Allen Matkins in 2007. Seated on the left is Karina Hamilton, a former associate at Allen Matkins who is married to Robert Hamilton, seated on the right, who is the managing partner of Allen Matkins.

http://www.flickr.com/photos/saturdayacademy/4518955439/in/set-72157623725500053

Karina Hamilton states on her linkedin profile that she was the person who "launched" the Saturday Academy of Law at UCI.

http://www.linkedin.com/pub/karina-hamilton/3/a46/6a8

In actuality, UCISAL was launched as a result of the joint efforts of Rob Vicario, Sara Lundquist, and Santana Ruiz.

For these reasons, I request that UNH cease and desist from making these false representations regarding Professor Redfield, and that these assertions be removed from the University's website within 30 days. If UNH elects to maintain the misleading material on its website, it will be the subject of legal proceedings.

Thank you for your attention to this matter. Please do not hesitate to contact me if you have any questions.