San Diego Deputy District Attorneys Association President: Vice Presidents: Treasurer: Secretary: Directors: May 2008 Edition: http://www.sdddaa.org David Hendren Steve Walter & Patrick Espinoza Cari Phillips James Koerber Robert Hickey, Robert Lafer, Sophia Roach, Chantal DeMauregne, Evan Kirvin, David F. Williams III, & James Simmons DDAA Hail and Farewell - May 22, 2008 La Jolla Beach and Tennis Club PRESIDENT S MESSAGE By David Hendren 1. 2008 DDAA Hail and Farewell: The 2008 DDAA Hail and Farewell will be Thursday, May 22, 2008 at the La Jolla Beach and Tennis Club. We will say Farewell to the following DDAs: Doug Gregg; Bob Phillips; Wes Schermann; Bill Gentry; Paul Kalivas; Terrie Roberts; Rafael Acosta; and Robert Augst. We will also Hail the DDA Class of 2008: Andrew Aguilar, Shanish Aloor, Trisha Amador, Beverlyann Barrett, Danna Cannavino, Gina Darvis, Kimball Denton, Martin Doyle, Vanessa Duvall, Robert Eacret, Jennifer Golovato, Molly Hale, Julianne Karr, Helen Kim, Chandelle Konstanzer, Mary Loeb, Frederic Ludwig, Aimee McLeod, Luis Mendez, Lisa Moffatt, Kristie Nikoletich, Scott Pirrello, Nicole Roth, Ryan Saunders, Mikia Wallis, and Rebecca Zipp Please be sure to RSVP to Janay Kruger for the event: (858)558-0521 or janay_kruger@msn.com 1
2. Law Week Luncheon: On Friday, May 2, 2008, the San Diego County Bar Association honored two of our DDAs at the SDCBA Law Week Luncheon. DDA Terrie Roberts was honored for Service by a Public Attorney ; DDA Melissa Diaz was honored for Community Service. Congratulations to both of you! 3. Attack on Public Employee Pensions: An article regarding the lawsuit filed by the Orange County Board of Supervisors to invalidate pension benefits is included later in the newsletter. Both the DDAA and PAC continue to need your support in order to protect our pensions. For more information on pension issues: http://www.sdddaa.org 3. Save the Dates! Please mark your calendars now for these upcoming events: Saturday, September 27, 2008: DDAA Annual Awards Banquet Friday, December 5, 2008: DAI / DDAA Holiday Party DEPUTY DISTRICT ATTORNEYS ASSOCIATION BOARD OF DIRECTORS MEETING MINUTES OF 5/14/08 Officers and David Hendren Patrick Espinoza David F. Williams III Directors Steve Walter Evan Kirvin Present: James Koerber Cari Phillips James Simmons Chantal DeMauregne Members Present: Phyllis Shess Richard Armstrong 1. Call to Order: President Hendren called the meeting to order at 5:10 p.m. 2. Request for DDAA Endorsement for Judicial Application DDA Phyllis Shess: Ms. Shess requested a letter of endorsement from the DDAA to the Governor in support of a judicial appointment. Resume provided to the Board. Matter discussed in Executive Session. 3. Request for DDAA Endorsement for San Diego City Council District 7 Marti Emerald: Ms. Emerald requested endorsement from DDAA for San Diego City Council District 7 seat. Ms. Emerald noted she has worked closely with many DDAs on consumer issues, as the Consumer Advocate on Channel 10. Ms. Emerald has been endorsed by San Diego POA and other labor organizations. Restoring the city to fiscal health is important to her, but she opposes cutting employee pensions in order to do so. 2
Ms. Emerald expressed concern about proposals to privatize many city services. Matter discussed in Executive Session. 4. 2008 Hail and Farewell Thursday, May 22, 2008: President Hendren encouraged everyone to RSVP for the Hail and Farewell. A reminder was sent to the DDAs today. 5. 2008 Awards Banquet Saturday, September 27, 2008: Director DeMauregne is exploring alternate venues for the Awards Banquet, as several hotels are booked for the scheduled date. 6. PORAC Legal Defense Fund Coverage: The Board held an extensive discussion about LDF coverage with DDAA Attorney Richard Castle. Mr. Castle provided a historical perspective on LDF, and discussed our current coverage under Plan One. Mr. Castle compared the coverage under alternate LDF plans, and discussed what would be lost by changing plans. Any change in LDF coverage could require the DDAA Board to review the merits of an individual member s issue in order to decide whether to provide legal representation. Several Directors expressed concern about assuming such a role. Mr. Castle also discussed the services he provides to DDAA members, including dealing with transfer issues; reprimands; and performance evaluations. Mr. Castle has also been involved in contract negotiations in past years. Mr. Castle recommended maintaining our current coverage in LDF Plan One. After Mr. Castle left, the scope of his services was discussed. Director Williams will explore alternatives and report back to the Board. 7. PORAC Retiree Medical Trust: Mr. Castle informed the Board that PORAC has created a retiree medical trust. The accounts are pooled, but would likely require participation by all DDA members in order to join the plan. More information will be provided on this issue. 8. 2008 Lawyers Club Dinner: The Board voted to send Director DeMauregne to the 2008 Lawyers Club Dinner. (Motion: Phillips; Second: Walter. Vote: Unanimous.) 9. Consultant s Report: None. 10. Treasurer s Report: Primary Savings: Money Market: Litigation Money Market: Certificate: Checking: 11. President s Report: The County requested extension of the current Voluntary Time Off policy for another year on the same terms. President Hendren to sign the extension agreement. 12. Old Business: None. 3
13. New Business: None. 14. Adjournment: 6:30 p.m. Respectfully Submitted, Jim Koerber, Secretary Have a Safe and Happy Memorial Day! April 14, 2008 Pension lawsuit moved to LA by PEGGY LOWE Orange County s attempt to cut the deputies pensions will be moved to a Los Angeles court. As I reported Friday, Orange County Superior Court Judge Thierry P. Colaw made a tentative ruling approving the change of venue. He issued his written order today. Interestingly enough, Colaw referenced in his decision a case involving my employer, Freedom Communications, in a past lawsuit that helped define the Orange County Employees Retirement System as a governmental entity. That was OCERS s argument that state law doesn t allow a case to progress in a local court if it s two local governmental agencies in a legal battle. What this also means, of course, is that Supe John Moorlach s anti-public pensions battle will be presented to a Los Angeles jury, which is typically more liberal than Orange County s panels. 4
The San Diego County Bar Association Attorney Code of Conduct PREAMBLE The San Diego County Bar Association is committed to ensuring, endorsing, and encouraging the highest standards of civility, integrity and professionalism. Lawyers, law firms, corporate legal departments, public interest and entity lawyers, and judges are invited to use this code as a tool to remind attorneys to aspire to such standards and to exhibit good manners and common courtesy to everyone involved in the practice of law, and the judicial process. Although this code is not a separate basis for sanctions nor a basis for ancillary litigation, it is intended to reflect acceptable standards of conduct for attorneys in San Diego County. I. GENERAL A. Lawyers must observe all rules of law, including the California Rules of Professional Conduct and the State Bar Act, particularly B & P Code 6068. B. Lawyers should honor their commitments. C. Lawyers should honor and maintain the integrity of our system of justice. D. Lawyers should not compromise their integrity for the sake of a client, case or cause. E. Lawyers should conduct themselves in a professional manner. F. Lawyers should be guided by a fundamental sense of fair play in all professional dealings. II. DUTIES OWED IN PROCEEDINGS BEFORE THE COURT A. Lawyers should always be courteous and respectful to the court. B. Lawyers should always be candid with the court. C. Lawyers and clients appearing in court should dress neatly and appropriately. D. Lawyers should be on time. E. Lawyers should be prepared for all court appearances. F. Lawyers should attempt to resolve, by agreement, their differences relating to procedural and discovery matters. 5
G. Lawyers should discourage and decline to participate in litigation that is without merit or is designed primarily to harass or drain the financial resources of the opposing party. H. Lawyers should avoid any communication, direct or indirect, about a pending case with a judge except as permitted by court rules or otherwise authorized by law. I. Lawyers should refrain from impugning the integrity of the judicial system, its proceedings, or its members. III. DUTIES OWED TO MEMBERS OF THE BAR A. Lawyers must remember that conflicts with opposing counsel are professional and not personal; vigorous advocacy is not inconsistent with professional courtesy. B. Lawyers should treat adverse witnesses, litigants and opposing counsel with common courtesy, good manners, fairness, and due consideration. C. Lawyers should not be influenced by ill feelings or anger between clients in their conduct, attitude or demeanor toward opposing counsel. D. Lawyers should conduct themselves in discovery proceedings as they would if a judicial officer were present. E. Lawyers should not use discovery to harass the opposition or for any improper purpose. F. Lawyers should not intentionally make any misrepresentation to an opponent. G. Lawyers should not arbitrarily or unreasonably withhold consent to a just and reasonable request for cooperation or accommodation. H. Lawyers should not attribute to an opponent a position not clearly taken by the opponent. I. Letters intended to make a record should be scrupulously accurate. J. Lawyers should not propose stipulations in the presence of the trier of fact unless previously agreed to by the opponent. K. Lawyers should avoid interrupting an opponent s legal argument unless there is a legitimate basis for an appropriate objection. L. Lawyers in court should address opposing lawyers through the court. M. Lawyers should not seek sanctions against another lawyer to obtain a tactical advantage or for any other improper purpose. N. Lawyers should inspire and encourage opposing counsel to conform to the standards in this code and to amicably resolve related disputes promptly, fairly and reasonably, with resort to the court for judicial relief only if necessary. O. Lawyers should conduct themselves so that they may conclude each case with a handshake with the opposing lawyer. 6
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