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A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Third Quarter 2011 1 Santa Cruz County Bar Association July, August, September 2011 SCCBA Award Recipients

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A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Third Quarter 2011

1Santa Cruz County Bar Association July, August, September 2011

Roland K. HallAward Ben Rice(Judge Paul Marigonda (l) presenting certificate to Ben Rice)

Pro BonoAward

Leola Lapides(Judge Denine Guy (l) presenting

certificate to Leola Lapides)

SCCBA Award Recipients

340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org

President: Tamyra Rice: 454-2040President-Elect: Larry Biggam: 429-1311Past President: Tom Dwyer: 722-2444Secretary: Pamela Mathiesen: 429-0181 Treasurer: Thornton Kontz: 427-2727 Directors At Large: John Burton: 425-5023 Anthony Condotti: 423-8383 ThomasGriffin:422-2444 Laura Walther: 457-1700Executive Director: Linda M. Martin: 423-5031

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, itsofficers,directors,members,ortheeditor.

Editor: Larry Biggam: 429-1311

Newsletter Layout and Design:Evelyn Volpa, Creative Designs685-3314; [email protected]

Editorial submissions to Bar Briefs are welcome. However, we accept no re-sponsibility for the custody or return of materials submitted for publication.

All submissions for publication become the exclusive property of SCCBA. All rights reserved.

Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.

Copyright © 2011 SCCBA

Santa Cruz CountyBar Association

2Santa Cruz County Bar Association July, August, September 2011

Calendar ..................................................................................................... 3Roland K. Hall Award - Ben Rice ............................................................. 6Pro Bono Award - Leola Lapides ............................................................ 8President’s Message .............................................................................. 10Bench Bar Liaison .................................................................................. 12Criminal Justice System “Realignment Plan” ...................................... 12Chat with Comstock: Robert Henry Simpson ...................................... 16The Advocates ........................................................................................ 18

ABC Spring Networking Event .................................................................19Law Library Scrabble Fundraiser .......................................................... 24

Announcements 2012JudicialOfficerAssignments ..................................................... 13 WLSCC “Suits for Success” Drive ...................................................... 10 Law Library Advanced Techniques in Legal Research ....................... 25 Lawyer Referral Service ..................................................................... 26Events/Photos April MCLE ......................................................................................... 15 May MCLE ............................................................................................ 4 June MCLE ......................................................................................... 20 SCCTLA Elbow Rub ........................................................................... 17Pulse Line Responses ........................................................................... 25

Advertisers Cartwright, Harold – Mediation .............................................. 23 Cottle, (ret) Justice Chris – Mediation & Arbitration .............. 14 Gelblum, Peter – Mediation & Arbitration .............................. 14 Hartsell & Olivieri – Court Reporters ..................................... 23 Horath, Frank .........................................................................23 JAMS – Resolution Center .................................................... 11 McBride & Associates – Court Reporters .............................. 23 Paragon Reporting – Court Reporters ................................... 23 Pulone and Stromberg – Court Reporters ............................. 14 Stevens, (ret) Judge Sam – Mediation .................................. 23 Valet Storage ......................................................................... 16 WestLaw ................................................................................ 11

SCCBA Mission Statement:The mission of the Santa Cruz County Bar Association is to diligently promote meaningful access to justice for all persons, to provide educational and social opportunities for all of its members, and to ensure leadership on major issues affecting the profession, including the preservation of the independence of the legal profession and the judiciary.

Index

3

Real Property Section: No meetings July and August. Next meeting will be September 14Estate Planning Section: No meeting in July, August or September

Santa Cruz County Bar Association July, August, September 2011

SCCBAPART IIRonald Granberg, Esq., presents Part II of “Courtroom Evidence – You Know You Love It!” This event will be at Peachwood’s, at 12:15-1:15 pm. The cost is $28 for members; $36 for non-member attorneys, and $18 for judges and non-attorneys. Program materials provided free in a PDF file, or printed for a $5 charge. Contact: SCCBA, 423-5031 or [email protected].

SCCBANo meeting in August. Next meeting will be September 16.

SCCBA Fund Raiser for Watsonville Law Center Fundraiser to be held at the stunning home of Judge Robert Yonts (ret) and Bjorg Yonts. 5:00 to 7:30 pm. $40 per person. Invitations to follow. Contact: SCCBA, 423-5031 or [email protected].

SCCBA Real Property SectionTopic: Preliminary Reports, Title Insurance Policies and Guarantees – What You Really Need and Pitfalls to Avoid. Teri Grant, of T L Grant Property Research, has over 30 years in all aspects of the title insurance business. She will provide us with the most recent changes in policies, red flags in title reports and pitfalls associated with foreclosures. The seminar is at DeLaveaga Golf Course Restaurant at 7:15 am. The cost is $13.00 whether or not you eat breakfast, and $10.00 for one unit MCLE credit. Make checks payable to Atack & Penrose, LLP. No RSVP required. Contact: Rochelle Mulder, Atack & Penrose, LLP, 515-3344 or [email protected] .

SCCBA To Be Announced. Visit our website at www.santacruzbar.org for details.

Fri 15

Thurs 8

Wed 14

Fri 16

Friday, September 23, at noon at DeLaVeaga Golf CourseAnnual Trial Lawyers Golf Tournament

benefitting Senior Citizens’ Legal Services

Save this date:

Upcoming Events CalendarTue., October 11 - SCCBA Co-Sponsors Women Lawyers of Santa Cruz eventFri., October 14 MCLE - Annual Civil Law Update with Tim SchmalFri., November 18 MCLE - Elimination of Bias: Carol Izumi, Clinical Professor of Law at UC Hastings

July

Aug

Sept

NOTE: The Santa Cruz County Bar Association is a State Bar of California approved MCLE provider #2071 and certifies that these activities have been approved for MCLE credit by the State Bar of California

MCLE

MCLE

4

SCCBA MCLE Seminarand Annual Awards

Tamyra Rice, SCCBA President, introduced Judge Paul Marigonda, who presented the MCLE Seminar:“ Annual Report From The S.C. County Superior Court”

Friday, May 20, 2011Tamyra RiceSCCBA President

Judge Paul MarigondaSpeaker

Santa Cruz County Bar Association July, August, September 2011

Dana Scruggs (L) introduced Ben Rice, Esq. (R) who received the SCCBA Roland K. Hall Award from Judge Paul Marigonda (M)

Judge Robert Yonts (Ret) (R) introduced Leola Lapides, Esq. (M) who received the SCCBA Pro Bono Award from Judge Denise Guy (L)

5

More than 100 people attended our awards ceremony

Santa Cruz County Bar Association July, August, September 2011

6Santa Cruz County Bar Association July, August, September 2011

Ben Rice, this year’s recipient of the Rollie Hall Award, has had a long and successful career as a criminal defense lawyer. While a public defender he had many “high profile” cases but his local notoriety really got started when he represented another well-known clown by the name of “Mr. Twister”.

Mr. Twister is the Santa Cruz clown who makes balloon animals for children at the Wednesday Farmers Market downtown. Mr. Twister was arrested for violating a city ordinance that outlawed the act of putting money in someone else’s parking meter without their permission! Putting quarters in other people’s meters had been

Mr. Twister’s plight and Ben’s “pro-bozo” representation of him received international attention. Besides appearances on national television and write-ups in People Magazine, Reader’s Digest and newspapers across America, Mr. Twister and Ben were featured on television and radio in numerous countries around the world.

Of course, there has been a more serious side to Ben’s career. He’s represented thousands of clients in his thirty years of criminal defense. He’s handled everything from DUIs to homicides. After his undergraduate education at Evergreen State College and law school at Golden Gate University, Ben worked for two years at the Center for Judicial Education and Research in Berkeley. Ben started his criminal defense work as a public defender in Santa Clara County in 1981. Ben had a reputation for looking for trials and legal battles, “I couldn’t believe they were paying me to have so much fun!”

During a portion of his stay at the Santa Clara Public Defender’s, Ben was supervised by his friend and hero Barbara Fargo who now says: “Ben was a great public defender in the finest tradition. He cared about the clients, knew the judge was out to get his clients and wanted to kick the DA’s butt. Just the right amount of idealism, cynicism

and paranoia--with a large touch of macho competitiveness. From a supervisor’s perspective, he was both a godsend and a nightmare. He was enthusiastic and would tackle any project. No case was too big, too much work or even too boring. That’s the godsend part. The nightmare part was never really knowing whether the call from court would be, ‘Where’s Ben, he has a case on calendar and he’s not here’ or ‘Ben’s in court unsupervised and doing something (you fill in the blank) to “upset” the judge or DA.’”

Three years later, Ben was hired by Biggam, Christensen, and Minsloff. He moved to Santa Cruz, and a media legend was born. Ben says, “I never saw a TV camera I didn’t like.” After three years with the Public Defender’s Office, Ben worked a year with Paul Meltzer as a conflict public defender. Ben then associated in private practice with Peter

Chang for two years. Since that time Ben’s practice has epitomized that of a sole practitioner criminal defense attorney. He is self-sufficient in everything from answering his own phone to going to trial. Among Ben’s most memorable serious cases was the so-called “Road-rage Murder” trial of David T. in 1997. David T. was a successful restaurant owner in San Jose, who was chased by a drunk and

enraged driver over Highway 17 from Los Gatos to Santa Cruz. After pulling off and on the freeway and reversing directions, David T. finally pulled over at 41st Avenue, put on his emergency flashers, and hoped the driver would pass on. Instead, the driver pulled over, jumped out of his car and walked towards David T.’s car. As a business owner, David T. carried large amounts of money in his car at night. He had also made a mistake - he carried a gun in his car with no training in its use. When David T. tried to scare the attacker off by showing him the gun, the attacker grabbed the gun. In the struggle for the gun, it went off, killing the attacker with one shot. David T. panicked and instead of waiting

Ben Rice Roland K. Hall Award Recipient

7

Summer of 2010 back-packing with Tamyra in

Yosemite

Sons Ian, David and Nathaniel

Santa Cruz County Bar Association July, August, September 2011

for the police or going somewhere to call for help, he drove back over the hill to his parents’ home in San Jose. Police identified David T. as the shooter because the attacker had written down his license plate number and had left it on his front seat.

At the trial, Ben was assisted by his investigator Bob Bortnick. Ben employed a highly unusual “psychiatric autopsy” to help explain the behavior of the attacker. He also

had a replica of the front driver’s car seat, steering wheel and door built to scale so the jury could understand what his client had experienced.

Ben spent nearly a month in trial in Judge Tom Kelly’s court presenting the evidence. The jury acquitted David T. of any murder (first and second-degree) and also of voluntary manslaughter. The jury deadlocked 10 - 2 in favor of acquittal on the lesser charge of involuntary manslaughter.

Bob Bortnick, an extraordinary investigator, says of Ben: “Ben’s likeability is one of his greatest professional assets. When we first met, over 20 years, ago, I instantly wanted to be Ben’s friend. He has that same effect on juries. Juries love Ben Rice.

You wouldn’t normally think that being a nice guy would lead to success in something as contentious as the practice of criminal law. But Ben somehow manages to creatively and aggressively represent his clients without sacrificing his goodness. His clients feel like they have a friend in their attorney because he cares about them as if they were his friends. He somehow does this without losing his objectivity or allowing his feelings to obscure his good judgment.

On occasion, Ben has branched out from criminal defense. A noted example is his representation, along with acclaimed civil rights attorney John Burris, of George Nichols in his suit against Santa Cruz County. Mr. Nichols was the subject of an illegal arrest and beating by a deputy. His wife captured the incident on videotape. That famous video led to Ben’s appearance on many national TV news programs including the Geraldo show in New York City. Can you imagine, Ben

and Geraldo together? Anyway, Santa Cruz County settled for $390,000.00 - still the highest award in county history for an excessive force case.

A big part of Ben’s practice is representing marijuana-related cases. Mike and Valerie Corral are the founders of WAMM, a collective of medical marijuana patients and caregivers. Their organization is groundbreaking locally, statewide, and nationally in advocating and servicing the needs of patients who use medical marijuana. They have been friends with Ben for over twenty years. Ben has been their legal advisor since the mid-1990s, and he’s been a member of their legal team since federal agents raided their collective in 2002. They rely on Ben for advice and advocacy regarding medical marijuana and all legal issues.

Mike Corral says of his friend: “Ben is a really a kind and compassionate person and he fits in perfectly with our philosophy of compassion and everything we stand for.”

Ben recently helped with creation of the county ordinance authorizing medical marijuana dispensaries. Allen Hopper Litigation Director of the ACLU’s Drug Law Reform Project said, “Ben Rice is the one of the most experienced medical marijuana attorneys in the country. His depth of knowledge and expertise concerning California’s medical marijuana

laws, and his ability to navigate the complex legal and political landscape surrounding the issue are unsurpassed. Ben is a fiercely committed advocate for medical marijuana patients and those who care for them. Ben has litigated cases as co-counsel with the National ACLU, and we regularly refer clients with medical marijuana questions to him, for the simple reason that he is the very best at what he does.”

Besides representing Mr. Twister, Ben’s pro bono work has included: representing an African American student demonstrator arrested at a UC Regents meeting; defending a 61- year old disabled woman whose arm was broken by a Santa Cruz Police Sergeant who arrested her for battery; defending a Latino youth falsely charged with resisting arrest; defending a school crossing guard dressed as a frontiersman with a musket; and defending a school teacher who honked her car horn in support of her students who were marching for immigration rights.

Ben’s most recent pro bono representation was the defense of a 38 - year old Cabrillo College student, Colter W. who had turned his life around after being in and out of trouble

continued on page 21

8

Colby, Leola, Bob and Monica at Original Joe’s

Santa Cruz County Bar Association July, August, September 2011

Leola Lapides Pro Bono Award Recipient

The Santa Cruz County Bar Association recently held its Awards Luncheon where it announced that Leola Lapides had been awarded its 2011 Pro Bono Award. Robert Allen, a local Santa Cruz County attorney, nominated Leola for this well-deserved honor. In his nomination papers, Rob

highlighted Leola’s major contributions to a multitude of non-profits, particularly Court Appointed Special Advocates (CASA) who provide a voice for children in the dependency courts.

Leola Lapides was born in Nagoya, Japan to an American Military father and a Japanese

citizen mother. She spent her early primary years on the idyllic Japanese island of Okinawa, where she fell in love with the South Pacific climate and culture. As a result, to this day, her perfect paradise-duplicate is in Hanalei, HI — on the north coast of the island of Kauai where she and her family vacation when they can.

Leola’s first language was Japanese, but unfortunately she lost most of it and has spoken only English after her family moved to Denver, CO when she was 10. Years later, the family moved back to Japan, where she attended high school at a Department of Defense school. Leola’s experience, during the era of the Cold War and Vietnam War, living near a military outpost in the far reaches of the “American Empire”, formed a unique enduring view of the American dominant values of independence and initiative, crossed with the adaptable but ancient Japanese ethos of acceptance, resulting in a lifetime interest in cross-cultural practices. She also credits a mobile childhood with giving her a resilient personality, a high

level of international awareness, and a deep appreciation of hometowns. For this reason, although she didn’t grow up here, Leola feels blessed to be living in the world’s best hometown.

After graduating from high school in Tokyo, Leola moved to California, where she graduated from college and law school; met and married Bob Katz; and had two children: Monica and Colby. Because her high school had been located on a military base, literally, in the middle of the barracks of young drafted soldiers on R&R from the Vietnam War, she became well acquainted with demoralized troops wanting to go AWOL. Leola was hoping that she could participate in the anti-war demonstrations during college back in the states, but the war was almost over by the time she enrolled at the University of California at Berkeley. In fact, by the time she graduated, the key concern of students was primarily about getting into graduate school to weather the “deep” recession of the mid-seventies.

Leola met Bob Katz, from New York, during the first week of her first year at Santa Clara University School of Law. They dated for 3 years and, then, in 1978, together they took and passed the California Bar Exam. After taking the exam, they flew to Japan to visit with Leola’s parents. Imagine

Bob’s surprise when he was unpacking and discovered a beautiful wedding dress in the closet! Okasan (Mom in Japanese) had not only handmade the dress but had booked and paid for a wedding ceremony and honeymoon! Leola’s mom thought it was time to close the deal, after they had lived together for

the past three years. So, as scheduled, they were married in an ancient Shinto temple on August 14, with three Shinto priests and a dancer. It was all in Japanese, and according to custom, Leola and Bob became “married” when they drank sake for the third time during the ceremony. In order to make

9

Bob and Leola at a Sharks game

Daughter Monica Lapides swearing in, 2009 by Justice Richard McAdams

Santa Cruz County Bar Association July, August, September 2011

sure their marriage was recognized in the USA, they also were married at the American Embassy in Tokyo, grabbing two bystanders to witness their signatures. Finally, after they returned to the United States, they got married again

with Bob’s family in attendance, and Rabbi Morris presiding. According to Bob, getting divorced is too complicated to even think about, so they are both–happily–resigned to spending the rest of their lives together.

Within a year they started their own civil litigation firm in San Jose; hence, the existence of the Law Office of Katz and Lapides. By the mid-eighties they opened their current office in Capitola; and gave birth to Monica (1984) and Colby (1986).

In the 1980s, Leola served for several years as a Mediator/Arbitrator in the Santa Clara County Judicial District, and was on the ACLU Board of Directors in Santa Clara County. Additionally, Leola has advised many local nonprofits on board development, fundraising, strategic planning and governance. According to Martina O’Sullivan, Dominican Hospital’s Director of Community Engagement, she met Leola when they both served on the nonprofit Board of Directors for Women’s Crisis Support - Defensa de Mujeres almost twenty-six years ago. Martina described Leola has a “passionate supporter of the Santa Cruz Community” through her work with nonprofits. Martina commented that Leola believes that she has an opportunity to use her education, professional skills, and talents for the community’s most vulnerable and make a difference in their lives. “Leola is all about the long term affects and how the resources that she provides will make a sustainable difference in the lives of those she serves,” said Martina, “Leola wants them to heal and thrive.”

In the mid-90s Leola helped found the nonprofit Kids on Broadway (KOB) whose most famous graduate, of course, is James Durbin of the recent American Idol fame. She was deeply involved with KOB, and children’s performing arts in general through 2005. Leola was also on the Board of Directors for the Japanese Cultural Fair (JCF) for about 10 years through the 1990s. The fair, on the 3rd Saturday of June, is a celebration and showcase of traditional Japanese arts, including music, dance, martial arts and food. Through her involvement with JCF, she was able to share her values of acceptance and understanding and appreciation of diversity by exposing people to a different culture.

In 2004, Leola joined the Board of Directors for CASA. At about the same time she took on the responsibility of becoming a CASA advocate herself, learning all she could about her CASA child and the organization that supported her. Leola met with the child’s doctors, social workers, and teachers. She took her to horseback riding lessons, concerts and on long walks to talk about life. Leola provided a listening ear for the child without judgment or rancor. Leola advocated for the child embodying the principles of CASA. Leola learned firsthand about CASA and the significant work the CASA advocates provide.

Leola spent six years on the CASA Board of Directors in important leadership roles, during a time of change and

expansion for CASA. The staff doubled in size and the number of children that are served by CASA also doubled. Leola was the Chair of the $1.5 million dollar capitol campaign to purchase and refurbish a home in Watsonville. Nancy Sherrod, the former CASA Executive Director, said that it was through “Leola’s hard work, dedication and vision that the CASA home became a

reality.” While the home serves as the location for CASA’s administrative offices, it primarily provides a special place for the children and their advocates where they can come and relax, a space that allows them to connect with each other in a deeper way. The CASA home provides the children with the opportunity to learn life skills, cook, socialize, study, and play.

continued on page 22

The Women Lawyers of Santa Cruz County (“WLSCC”) have just begun coordinating our first ever “Suits for Success.” WLSCC is teaming up with Classic Cleaners to offer cleaned and pressed suits to new attorneys and law students who can use a professional suit for a job interview, court appearance, or new legal career. As we all know, professional suits are expensive, and it can be very hard to come up with the money to purchase a suit when you are still looking for a job, or just newly hired. In the spirit of “Lift as You Climb,” we are hoping those women with an extra suit or two can donate them to help the women just coming into the field. Classic Cleaners in both Capitola (Nob Hill Shopping Center) and Santa Cruz (across Soquel from Shoppers Corner) is offering to take your suit donations and press and hang them. More information on this drive will head your way soon! But you can start dropping your suits off anytime.

Please check our website for more information as it develops, www.WLSCC.org/events .html. Also, please check our events page for fall MCLE selections!

10

Announcement

Santa Cruz County Bar Association July, August, September 2011

President’s Message

May has been a busy month for the Bar Association! On May 20, 2011, the Bar Association held its Awards luncheon, which included Judge Paul Marigonda’s annual Superior Court update. The Awards luncheon is one of my favorite events of the year because it’s our chance to acknowledge the outstanding contributions made to the community by two of our own. This year, Leola Lapides was named “Pro Bono Attorney of the Year” and Ben Rice received the Rollie Hall Award. Congratulations to them both! Although I could not vote on the recipients this year, for obvious reasons, I read your nominations, which were filled with praise for your fellow Bar members. So many of you are volunteering countless hours and making a difference in various organizations and the lives of others. It made me realize just how generous our Bar is and how lucky I am to be a part of it.

On May 23, 2011, your Bar co-sponsored the first presentation in a series entitled “Smart on Crime—The State Budget Crisis, Incarceration and Our Community.” The panel, featuring County Supervisor John Leopold, Sheriff-Coroner Phil Wowak, Chief Probation Officer Scott Mac Donald and UCSC Professor Craig Haney, highlighted the problems and opportunities facing our community as a result of the Governor’s prison realignment plan. Over 250 community members witnessed this impressive presentation. Be sure to watch for the next panel discussion in this series.

The Bar Association also co-sponsored a well-attended event with Women Lawyers regarding the mentally ill. Speakers, psychiatrist John Gillette, Santa Cruz Police Department Officer Eric Seiley, and Assistant County Counsel Marie Costa guided a sobering, yet at times, light-hearted discussion about the detention, treatment and care of this growing segment of our population.

Last month, your Bar Board also hosted an elbow rub with The Advocates at the law offices of Board member Tony Condotti (of Atchison, Barisone, Condotti & Kovacevich). This fun event was a great opportunity for younger lawyers in our organization to meet and mix with Board members. Everyone agreed to make this an annual gathering.

What can we do to top a month like that??? In addition to our informative MCLE luncheons, the Bar Board is planning to co-sponsor a special fundraising event at the lovely home of Judge Yonts in early September. Also, in conjunction with Women Lawyers, the Bar will be co-sponsoring an evening event in October with a guest whose name we cannot yet disclose (that’s how special she is), but whose appearance will leave a big impression. Be watching for the upcoming announcement!

Women

Lawyers

by SCCBA President Tamyra Rice

11

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Santa Cruz County Bar Association July, August, September 2011

12

“Smart on Crime”Bench Bar Liaisonby Christine McGuire

Santa Cruz County Bar Association July, August, September 2011

On May 23rd the United States Supreme Court concluded that California prison overcrowding violated constitutional protections against cruel and unusual

punishment and rejected California’s request for more time and discretion. The court’s ruling decided by a 5-4 margin, affirmed a prisoner-release plan of reducing the inmate population to 137.5 percent or 33,000 inmates within a two year time-frame devised by a three judge panel. On May 16th, Governor Jerry Brown released his revised budget proposal. The proposal features a Public Safety Realignment or transfer of low level offenders serving three-year sentences or less from the state prison system to the local level. In court papers subsequently filed on the Governor’s behalf, state officials have told the three-judge panel they have the plan to comply with the order. The Governor’s plan to solve prison overcrowding would partially rely on sending low-level nonviolent offenders to county jails instead of state prison. To be eligible, the inmate would have to meet certain criteria including: they must be in prison for a nonviolent crime, their sentence must be three years or less, they may not have any prior serious felony convictions, and they may not be convicted of a crime that requires them to register as a sex offender. May 23, 2011 at the Live Oak Elementary School a coalition of community groups, law enforcement and academics known as “Smart on Crime” held the first in a series of public

meetings to discuss the future of incarceration and rehabilitation in Santa Cruz County.

The public meeting included presentations from Phil Wowak, Santa Cruz County Sheriff, UCSC Professor Craig Haney and Santa Cruz County Chief Probation Officer Scott MacDonald. Professor Haney using slides, demonstrated the upward shifts in the prison population that coincided with decreased focus on programs to rehabilitate inmates. Probation Officer MacDonald discussed some of the strategies Probation has employed to reduce Santa Cruz county’s juvenile hall population; some of these, he stressed, could be used for adults. Sheriff Wowak said preliminary estimates show between 75 and 100 state prison inmates would be transferred back to the county and that as of the date of the community meeting, Santa Cruz County’s jail had 45 more inmates than beds available. In the near future, your Bench/Bar will bring you a noon, brown bag, no cost “Smart On Crime” seminar focusing on issues particularly of interest to the entire local bar. Look for notices!

On another note, the Santa Cruz County Superior Court has announced the judicial officer assignments effective January 2012. The assignments are posted in conjunction with this Bench/Bar column. If you have questions or comments, contact your Bench/Bar Liaison Christine McGuire at (831) 818-2268 or [email protected]

By Ben Rice

Criminal Justice System “Realignment Plan” In what many in the criminal justice field are calling the biggest news in decades, in April, Governor Brown signed AB 109,

which makes fundamental changes to California’s correctional system “to stop the costly, ineffective and unsafe ‘revolving door’ of lower-level offenders and parole violators through our state prisons.” One major emphasis of the legislation is to keep less serious felons, those whose convictions are not for violence, sex or “serious” crimes in local jails as opposed to state prison. To do this the legislature re-defined felonies, as crimes that are punishable with death, imprisonment in state prison, or notwithstanding any other provision of law, by imprisonment in a county jail for 16 months, or 2 or 3 years, with exceptions for current or prior serious felonies and violent felonies, and current or prior felonies requiring sex registration. Another cost saver for the state comes in the area of parole; all prison inmates returning to the county of conviction will now be supervised by the County Probation Department and not the state parole division. State parole will continue to be in existence but only for serious

offenders who require intensive supervision upon returning to the community.

The state will indeed save money but the county costs will be going up. It is expected that as many as 150 more people will be housed in our three county jails within two years….. and our jails are already over maximum capacity.

Fortunately in Santa Cruz County a partnership between scholars, justice professionals, and government leaders was formed several months ago to prepare for this bill’s passage. The group, calling themselves, “Smart on Crime Santa Cruz”, is dedicated to “a more effective criminal justice system – one that invests in safe communities, ensures public safety, builds productive futures, and reduces costs”. Sheriff-Coroner Phil Wowak, Chief Probation Officer Scott McDonald and UCSC Professor Craig Haney recently spoke at the group’s first public event (the event will soon be aired on community TV). For more information, look up “Smart on Crime” on www.facebook.com to join the discussion.

13Santa Cruz County Bar Association July, August, September 2011

14Santa Cruz County Bar Association July, August, September 2011

OFFICE: 831-703-4371FAX: 831-703-4372

E-FAX: 310-231-8373

15

Tamyra Rice, SCCBA President, with speaker Gary Gwilliam, Esq.

SCCBA MCLE Seminar“Inebriation, Intervention & Insight” by Gary Gwilliam, Esq.

Friday, April 15, 2011(substance abuse credit)

Santa Cruz County Bar Association July, August, September 2011

16

by Austin Comstock, with a little help from his friends: Bob Bosso & Fred Ebey

Chat with Comstock: Robert Henry Simpson

Santa Cruz County Bar Association July, August, September 2011

A character for all time, Robert Henry Simpson, Irish-born retired Salvation Army officer, was ejected from a meeting at the Unitarian Fellowship located on Freedom Boulevard in or about 1960. Attendees at that meeting were attorneys Harry F. Brauer and Robert L. Bennett. A criminal prosecution ensued against Simpson for disrupting a religious assembly. Newly appointed Municipal Court Judge Charles S. Franich imposed probation, one condition of which was that Mr. Simpson stay away from the Unitarian Fellowship. Complications arose after Mr. Simpson allegedly violated his probation. The matter was later referred to Department One of the Municipal Court, James J. Scoppettone, who extended the original probation with additional conditions.

By 1962 Mr. Simpson could be regularly seen by his 1949 tan Plymouth with various signs vilifying Brauer, Bennett, Judges Franich and Scoppettone. These signs would later include Judge Perry and any other public official in the process. He would place his placards directly in front ofthe Courthouse Annex on Front Street and at noontime in front of the Palomar Hotel. Judge Scoppettone and other members of the legal community would have to pass on the way to the Elks Club on Pacific Avenue for lunch (second floor over the men’s clothing store). As various other public officials, such as Sheriff Doug James and Supervisors Russ McCallie and Francis Silliman became involved with the case, their names were added as “scoundrels” and “miscreants” who conspired against him. Even District Attorney Richard Pease appeared on the signs.

As Mr. Simpson’s voice grew louder and his signs more numerous, the opening of the new courthouse complex in 1967 left the Cooper/Front Street area without lawyer traffic, and for a short time Mr. Simpson, by now in his 80’s, would rail against Aptos Supervisor Tom Black and others.

Seeking bigger fish to fry, Mr. Simpson moved his crusade (and his Plymouth) to the Sacramento area where he would park at the state capitol with signs and vitriol against his antagonists in Santa Cruz and Sacramento (Henry Mello, now a legislator, among them).

In 1969 the California Legislature passed what became known as The Simpson Law (Penal Code § 171f, Subdivision 3) which prohibits picketing within the State Capitol. Mr. Simpson was charged with a misdemeanor for violating this section and

sought a writ of prohibition enjoining his prosecution. In a colorful opinion by Justice Leonard M. Friedman the Third District of the Court of Appeals denied the writ, calling Mr. Simpson a “one-man patrol.” (Simpson v. Municipal Court (1971) 14 Cal.App.3d 591.)

For those scholars out there who would like to read more about Mr. Simpson, you can find the case of Simpson v. the Salvation Army (1942) 49 Cal.App.2d, 371 in which Mr. Simpson’s efforts to be reinstated after being terminated by the Salvation Army were turned down by the First District Court of Appeal. Another interesting sidelight is contained in the case Simpson v. Brig. Frank Wilmer (1944) reported at 63 Cal.App.2d, 501. It seems that Mr. Simpson had been ejected from a Salvation Army meeting bodily and, through his attorney Melvin Belli, obtained a $6,000 verdict against the Salvation Army. The trial court granted a new trial to the defendant, indicating that the plaintiffs hernia had not been proven to be the result of any conduct on the part of defendants. The trial court’s decision was upheld in the First District Court of Appeal.

17Santa Cruz County Bar Association July, August, September 2011

Santa Cruz County Trial Lawyers Association Annual Elbow Rub

Honoring Thornton KontzFriday, May 13, 2011

Dana Scruggs (above) and Larry Brenner (left) praise Thornton

Outgoing President Colin Brown (right) welcoming incoming President Greg Carter (left)

Thornton Kontz

18

by Cassie Shaker

The Advocates Face a New Economy: Who Needs a Job to be a Lawyer?

Santa Cruz County Bar Association July, August, September 2011

Early this year, the New York Times published an in-depth investigative article that addressed many concerns shared by The Advocates and other newly admitted attorneys around the country. The article was titled Is Law School a Losing Game?, and the piece painted a grim picture for recent law school graduates.

With many newly admitted JDs carrying over $100,000 in student debt, a very shaky job market certainly gives members of The Advocates good reason to worry. In fact, the recent economic downturn probably hit newly admitted attorneys the hardest. According to the National Association for Legal Career Professionals (NALCP), nine months after graduation, only 80% of all 2009 law school graduates reported any form of employment. About 25% of those who were lucky enough to have a job were employed in a temporary capacity. That means only 60% of all 2009 law school grads had permanent employment, legal or otherwise, nine months after graduation. In fact, less than 40% of all graduates reported that they worked as non-temporary, full-time attorneys.

The results of the NALCP study were shocking to many legal professionals, but as a member of the class of 2009, I was certainly not surprised. For our class, the traditional “first year associate” position was either an ancient relic, or a lottery ticket usually reserved for just a few of the 2009 graduating JDs.

In an uncertain job market, it seemed like most law firms simply had no desire to hire or train young attorneys, and the few jobs available for inexperienced attorneys were highly competitive. Members of The Advocates commonly compete with hundreds of other qualified applicants for an advertised associate level position.

It quickly became clear, to me and to many of my newly-admitted colleagues, that if we really wanted to be lawyers, the path to becoming an attorney would not involve a traditional first year associate gig. So, instead of waiting to get hired, many of us just started working. After all, you don’t need a

paying full-time attorney job to be a lawyer – all you really need is a bar card and a laptop.

Our members volunteered for countless worthy organizations, including superior courts, women’s shelters, legal aid organizations, district attorney and public defender offices, and other non-profit organizations. All in all, our newly-admitted attorneys donated thousands of hours of legal research, writing, analysis, and oral advocacy.

Our members worked as contract employees. While many employers resisted hiring full-time, permanent attorneys, that fact did not change the market’s overall demand for good legal research and writing skills. To meet that demand, members

of The Advocates frequently provided high quality legal work on a temporary, project-based, or contract basis.

Our members hung their own shingles. I was too terrified to start my own practice straight out of law school, but many of our members bravely created new law firms. Some of our members have niche practices, and others are general practitioners.

All of this work, whether paid or unpaid, made us better lawyers. Instead of sitting around and cursing our bad luck, members of The Advocates faced with a daunting economic outlook worked hard to become competent attorneys. We learned about what skills and practice areas are in high demand, and we helped worthy organizations to fulfill their public missions. It’s fair to say that when the going gets tough, The Advocates get working.

Creighton Mendivil, Adair Paterno, and Cassie Shaker

Christopher Kirk, Anne Hartman, and Jennifer Kelly

Cassie Shaker is an Associate Attorney at Kennedy, Archer & Harray and judicial liaison for The Advocates, a subsection of the Santa Cruz County Bar Association for newly-admitted attorneys

19

The latest ABC Networking Event was held Wednesday, May 18, 2011, at the Community Foundation of Santa Cruz County. “ABC” stands for “Attorneys, Bankers, and CPA’s.” These events are a networking opportunity, sponsored by SCCBA and many local attorneys. Attorneys in attendance enjoyed an afternoon in the sun, with food, drink, and good company. The new Community Foundation building is in Aptos, on the corner of Soquel Drive and Aptos Rancho Road (across from the Rio Del Mar shopping center). It is a modern “green” building with many innovative features. Tours of the building were offered by Community Foundation staff, including Executive Director Lance Linares and Philanthropic Services Director Randy Balogh. The building was a great choice for the venue, not only because it has several meeting rooms and a spacious rooftop terrace (the main area of the event), but also because these areas are available for use by community groups. For those of us attorneys who are involved in community service, this is a good resource to know about and to visit. Once again, the event was a fun opportunity for local attorneys, bankers, and CPA’s to meet each other in person, to make new acquaintances and to visit with long time colleagues. There were even some professionals in attendance who had come from San Jose, which made for new networking opportunities. I guess the word has traveled over the hill that our ABC events are great!

The local ABC steering committee includes Peter Sanford and Pascal Anastasi as our attorney representatives. Attorney sponsors included (alphabetically) Anastasi Law Group, Bosso Williams, Burton , Schmal & DiBenedetto, Comstock, Thompson, Kontz & Brenner, and Book & Book. SCCBA was a lead sponsor. Beverages were provided by SKOV Winery (formerly a part of Roudon Smith Winery), Ale Works, and Bargetto Winery. All members of the Santa Cruz County Bar Association are invited to attend these periodic mixers. The attendance fee is $30. The mixers are offered as a professional networking opportunity, and as a way for professionals to give something back to the community because the net proceeds are donated to Cabrillo College toward a scholarship, and benefitted Community Foundation. Remember, if you are a member of the Bar, you are invited to this fun networking event! Watch for an e-mail announcement of the next Mixer from SCCBA, which will likely be held in Fall, 2011.

Santa Cruz County Bar Association July, August, September 2011

by Michelle F. Anderson

Santa Cruz ABC - Spring Networking EventCo-Sponsored with SCCBA

20

By Professor Ron Granberg, Esq.Friday, June 17, 2011

Santa Cruz County Bar Association July, August, September 2011

Tamyra Rice (L) SCCBA President, Professor Ron Granberg, Speaker, and Laura Walther, SCCBA Board Member

SCCBA MCLE Seminar“Courtroom Evidence: You Know You Love It!” (Part 1)

21

continued from page 7

January 2011, on the freshlavafields,Big

Island, Hawaii.

June 2011, harvesting beets in Tamyra’s wonderful garden

Santa Cruz County Bar Association July, August, September 2011

his entire adult life. While in Pelican Bay, California’s toughest prison, he had decided to get his GED and make a change. He worked hard, paroled, and became an honor student at Cabrillo College and a leader in the local Narcotics Anonymous community. His stunning turn around made him a very popular student and his family, friends and teachers alike were excited by the prospect of his going on to a university. Unfortunately, with only a short time left on his parole from prison, Colter criticized a NA member at a meeting for using NA as a way to meet young, addicted women and taking advantage of them. This individual had several restraining orders taken out by women over the years because of his conduct. He told people he was going to “get” Colter for criticizing him.... He said he would “get Colter sent back to prison for violating parole”. Sure enough he made a claim to police that Colter had assaulted him. There was no evidence beyond his claim and the District Attorney’s Office didn’t charge Colter with a crime. Nevertheless, the Parole Department picked him up and sent him back to prison to await revocation proceedings. His mom, step-dad, Cabrillo College students and faculty held a protest and when Ben read about Colter’s plight he offered to represent him pro bono.

The chances of winning a parole’s release after they are picked up on a parole violation is very low. The first hearing took place in San Quentin Prison. No witnesses were permitted at this hearing and it was obvious to Ben that the hearing officer knew he was going to rule against them the minute the hearing started. They turned down the officer’s offer of a “deal” — ten months in prison — though they knew that Colter could lose at the final hearing and get more prison time. Ben said, “we lost the hearing despite letters of support from the President of Cabrillo College, many faculty, staff and students, and top legislators from our area. I also submitted P.I. Bob Bortnick’s interviews with witnesses that showed the ‘victim’s’ sordid history and motive to lie.”

At the second hearing the so-called “victim” testified. He was a liar who quickly crumbled and before long the hearing officer stopped the hearing and found Colter innocent. As of today, May 2011, Colter is continuing on his upward path and working hard at the university that he, his family, and his

community, dreamed he would attend. The case was named one of the Sentinel newspaper’s top stories of the year.

Ben helped start the Santa Cruz Criminal Defense Bar over twenty years ago, has been twice elected President and continuously served on its board. He is a Kuumbwa Jazz Center Trustee, served on the Shakespeare Santa Cruz board, and coached Mock Trial for six years. Here is Ben’s response to the news he was voted to receive the Rollie Hall Award: “The fact that the Santa Cruz Bar Association has this award memorializing Judge Hall speaks volumes about this organization and makes this honor so sweet. Memorializing Judge Hall tells the world that our legal community puts a premium on

his character traits that were special. Besides being an intelligent, hard working judge who loved learning and scholarship, who was articulate and cared about the law… he had a generosity of spirit which caused him to know what it is like to be in trouble and in pain, and above all the courage to do the right thing.”

Ben lives in the upper Westside of Santa Cruz with his wife Tamyra, their 13-year old son David and Ben’s 97-year old mother, Leah. Ben’s sons from his first marriage are Nathaniel, 32, who just complete a Master’s degree at Berkeley in Design, and, Ian, 27, who worked for Ben but now has opened a medical marijuana testing laboratory. Tamyra’s daughter from her first marriage, Makenna was three when they began dating. She just became a Junior at Northeastern University in Boston where she studies biology. All four children are close and Holidays are

always looked forward to by all. Tamyra is an attorney at County Counsel’s Office and of course, President of

our County Bar. Ben calls her his best friend in the world. “It isn’t a case of a ‘good woman standing behind her man’ Ben says….”She’s a great woman standing next to me….In fact I have to run sometimes to keep up!” They enjoy an annual Yosemite backpacking trip as well as other getaways whenever possible. Playing basketball twice per week with the same great group for the past twenty plus years has been one of Ben’s greatest pleasures. by Greg Cobin

22

Nancy also pointed out that Leola served as Chair of the CASA Fund Development. CASA is responsible to obtain 75% of its funding from community donations. According to Nancy, Leola was able to provide the leadership necessary to create vibrant and diverse funding streams to insure CASA’s sustainability. Additionally, Leola, served as the Chair of the CASA Board of Directors during which time Leola and the Board worked diligently to insure that when Nancy retired in 2010, that the program was in good hands with a new Executive Director, Ken Goldstein. Nancy was clear, “Leola’s passion, professionalism, and skill have not only insured that CASA of Santa Cruz will continue to advocate for children in the dependency courts in the years to come but will do so at the highest level.” Leola noted that her connection with CASA remains strong and that she will continue to work with CASA and is particularly interested in AB 12, new legislation, which allows certain eligible children to remain within the foster care system until they are 21 years old.

Leola was named as a 2010 Community Hero and is currently on the Santa Cruz County Community Foundation Board, an organization that promotes philanthropy by providing a simple, safe and efficient way for individuals, families

and businesses to invest in Santa Cruz County and beyond. Undoubtedly, Leola’s leadership, experience and creativity will assist the Foundation in its work.

While Leola loves to travel, she is happy that daughter, Monica, is back on the west

continued from page 9

coast in San Francisco practicing law in Berkeley at a small civil law firm and that son, Colby, is also back in this time zone in Los Angeles acting, writing and teaching. “I enjoyed having the kids living on the east coast but now that they are settling into careers, I am very happy that they have returned to California!” Leola said.

The Santa Cruz Bar Association Pro Bono Award originates from the Latin phrase “pro bono publico” (usually shortened to “pro bono”) which means “for the public good.”

The term generally describes professional work undertaken voluntarily and without payment as a public service. It is common in the legal profession. It is easy to understand why the Bar Association selected Leola Lapides to receive this award! Her hard work, dedication, professionalism and passion have combined to make significant contributions to the nonprofits she has served; all done with a quiet and humble spirit.

Santa Cruz County Bar Association July, August, September 2011

Bob and Leola in Israel, 2010

Cat lover Leola, holds Mikey athome in her Japanese Garden

Sharks Hockey Fans:Monica and Leola

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23Santa Cruz County Bar Association July, August, September 2011

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24

LBBARCE

SLaw Day Scrabble

Tournament

Santa Cruz County Bar Association July, August, September 2011

Scrabble enthusiasts descended upon the Santa Cruz County Law Library on Saturday, April 30th to vie for the 2011 Law Library Scrabble Champion title. As you may recall, the Law Library partnered with the Santa Cruz County Office of Education last year to bring back the renowned Scrabble To u r n a m e n t . This year the 2nd Annual Scrabble Tournament, a fundraiser for both the Law Library and the Teen Peer Court Program, was another success! Twelve adults and ten students, from eight different Santa Cruz County schools, spent the day in friendly competition. Each year we invite students from area schools to participate free of charge as a way to encourage interest in the legal system and community. We strive to create a friendly, informal environment where students can positively interact with prominent members of our local bench and bar. We invite you to get involved in next year’s tournament as a player, sponsor, or spectator. Prizes were awarded to the top three adult and student players. Additional prizes were handed out each time a legal word was used in play. Our winners this year:

Student division: 1st Place: Paul Donor, Branciforte Middle School 2nd Place: Ben Fox-Shapiro, Pacific Colligate School 3rd Place: Marco Alvarez, Watsonville High SchoolAdult division: 1st Place: Nick Dilles 2nd Place: Lisa Dilles 3rd Place: Carmen Cruit

We would like to extend our sincere thanks to the individuals and businesses that sponsored our tournament. Without

whom the tournament would not be possible. All of the generous sponsorships allow students to participate free of charge, as well as, help us maintain our programs and level of service. This year we raised $3720!

Our Gold sponsors this year were Witzig Hannah Sanders and Reagan and Robin Towse. Silver sponsors were Austin Comstock, Atack & Penrose, and Heidi Simonson. Bronze sponsors were Sharon A. Isenhour, Beck & Mathiesen, Jill G. Wilson,

Baskin & Grant, Kimberley Teves, and Grunsky Ebey Farrar & Howell Donations and sponsorships were also received from the Santa Cruz County Bar Association, Continuing Education of the Bar (CEB), Lexis Nexis, Green Valley Cinemas, CineLux Theatres, Dr. Mark Joiner, D.D.S., Sara Clarenbach, Crissman & Associates, Mary

Christerson-Torrez, Lucille Des Jardins, John F. Curotto, Johnson & James, Wittwer & Parkin, Susan Tomley, Jeffrey & Nancy Bosshard, Lu Haussler, Katz and Lapides, Denis Kehoe, Ashley Winn, Martin Mertes, Grace Cruit-Kitts, Pat Pfremmer, Julia Hill, Laura Walthers and M. Dean Sutton. Also, we would like to thank Tom Dwyer for lending his fundraising abilities and John and Arlene Mancini for providing a delicious lunch! If you weren’t here

this year, you must stop by to try some of Arlene’s famous meatballs next year. The 3rd Annual Scrabble Tournament is tentatively scheduled for Saturday, February 4, 2012. Of course, this event would not be possible without the combined resources, and talents, of our education partners Board of Education Trustees Jack Dilles and Vic Marani, the Law Library Board of Trustees and Law Library staff.

25

The Santa Cruz County Law Library is offering a two-hour class, Advanced Techniques in Legal Research – Database Searching, designed to help you hone your online searching skills. This interactive course focuses on advance search instruction for both Westlaw and LexisNexis. Participants will learn how to structure precise search strategies using terms and connectors, Boolean logic, and controlled vocabularies. Training in other complex search methodologies necessary for enhanced proficiency in the utilization of Westlaw and LexisNexis will also be provided. Furthermore, the skills learned in this class will be transferrable to many other databases, thus equipping participating legal researchers with the knowledge necessary to navigate the powerful online information retrieval technologies of the 21st century.

Prerequisites: While no prior knowledge of online database searching is required, those interested in attending this seminar should have an intermediate to advanced knowledge of traditional legal research principles and publications.

Advanced Techniques in Legal Research – Database Searching

When: Friday, July 22, 2011 • Time: 1:30-3:30 • Location: Santa Cruz County Law Library • Cost: $30.00

Registration: Participants must register in advance to reserve spaces. The class size will be restricted to seven people to ensure interactive, high quality instruction. Waitlisted applicants will receive priority registration in subsequent seminars on this topic.

Materials: If possible, participants are encouraged to bring their own laptops with wireless internet connections, as the Law Library has only a limited number of computers. All other supporting materials and access to Westlaw and LexisNexis will be provided by the Law Library. You may use your own Westlaw or LexisNexis password, if desired.

Sharpen Your Online Legal Research Skillsat the Law Library

What MCLE programs would you like the Bar to offer?

Santa Cruz County Bar Association July, August, September 2011

Electronically Stored Information - getting it in discovery and use of it at trial. John Elson

1. Perfecting Pelosi’s Promise: Now that they have passed it, do we really know what it says? A 24- part series on Obamacare.2. The things that Congress cannot regulate under the Commerce Clause: a very, very short lecture.3. Will there still be a place for lawyers in America under MOB RULE?4. Is the concept of “States” still relevent in our country?5. What happens when the “melting pot” no longer melts? Jeffrey “Jeff” Bosshard

E-discovery.Steven D. Penrose

Question and Answers to help property owners with the City of Santa Cruz Rental Ordinance and the Vacation Ordinance. Thank you for your request. BBWong

Anything new & different in October other than that blowhard who presents the civil law updates. That program has majorly gone downhill since Judge Volkmann left the practice to take the bench. Heck, it’d be better if you just had someone stand at the podium and read from the Tax Code, or just repeat the word “law, law, law”….Tim Schmal

Santa Cruz County Bar Association340 Soquel Ave., Ste. 209, Santa Cruz, CA 95062Address Correction Requested

26

ANNUAL ATTORNEY MEMBERSHIP DRIVE

WOULD YOU LIKE TO GENERATE INCOME WHILE PERFORMING PUBLIC SERVICE?

Last year approximately 50 Santa Cruz lawyers joined Lawyer Referral Service and provided legal advice to the public.

When clients retain the LRS member lawyer to provide legal services, then the LRS member benefits financially. Last year LRS generated over $600,000 in fees paid to LRS members.

Lawyer referraL Service

Are you looking for a way to possibly generate more income while performing a much-needed public service? Lawyer Referral Service may be just what you are looking for.

Membership Application: To view our LRS application, go to our web site LawyerReferralSantaCruz.org. If you have any questions, please contact our office.

by Linda Martin

Santa Cruz County Bar Association July, August, September 2011