FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

I what to thank Chris Porter, Superior Court Clerk for the fantastic job she did in organizing and presenting the materials at our recent seminar entitled Civil and Small Claims Sendbacks. The comprehensive packet of information that she provided included a review of commonly used forms, Rules of Court, Local Rules of Court and checklists that are used to train court personal. Ms. Porter provided us with great practice advice and we thank her for her efforts. The seminar was well attended by attorneys and their staff who enjoyed a great meal at BJ’s.

On October 23, 2004, the Foothills Bar Association will be hosting our most important fund raising seminar entitled “HARD TO GET MCLE CREDITS”. The seminar will feature David Cameron Carr, Esq., a former State Bar Prosecutor now in private practice, speaking on Legal Ethics, David K. Demergian, Esq. who will speak on Substance Abuse,

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

CALIFORNIA

CONSUMER AFFAIRS

CONFERENCE

The California Consumer Affairs Association, in conjunction with the California Small Claims Advisors Association, will hold its annual three-day conference commencing on October 27, 2004. The event will take place at the Marriott Fisherman’s Warf in San Francisco. The annual conference provides California consumer law advocates and small claims advisors an opportunity to attend educational workshops, lectures and roundtable discussions regarding current and crucial issues impacting consumer law and the small claims courts.

Topics on the agenda for this year’s conference include financial elder abuse, white-collar financial scams, and consumer protection for Spanish speakers. The conference will also highlight information regarding pending legislation pertaining to consumer law and the small claims act. Keynote speakers for the event will include state senator Liz Figueroa, (D-Fremont). Senator Figueroa served as an instrumental figure in the implementation of significant legislative reforms in California’s managed health care system.

Additional information regarding the conference may be obtained through the California Consumer Affairs Association website at www.ccaa-net.org.

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed on Monday, October 11, 2004 for Columbus Day.

CAN’T WE JUST

ALL GET ALONG?

by Wells Lyman, LLC, JD, Esq., AARP, NCAA, AAA, NAACP, and oh yes, AA

In the middle of an emotional breakdown I have asked your Executive Board of Directors if I could help out with our annual installation dinner. I, along with Jerry Carmody and other members of the Board who don’t as yet know they volunteered, will attempt to celebrate the installation of the Board for 2005 and your President Elect, Joe Fox.

The dinner will be filled with music, laughter and goodwill (that sentence even makes me gag). There will also be a brief but hilariously cruel skit which I don’t want you to miss. Many members have already requested that I employ more “bathroom”humor in our skits. I personally think this genre of humor is very funny if not inspiring, but, as always, I will refrain from this almost insurmountable temptation.

As you may or may not know I will be President of the San Diego County Bar Association, and before I destroy that organization with my incompetence, I want to have the San Diego Bar Board attend our dinner. I’m also asking other regional Bar Presidents to attend plus judges who have since left our wonderful Court and went to other less wonderful courts in the County. Since being President Elect I have gone to more dinners than you can imagine and I have never been to a dinner as good as the Foothills Dinner.

The dinner is set for January 28, 2005 at Singing Hills Country Club. Please mark your calenders. The reputation of our entire Court, Bar, and East County legal community all rests upon you coming to this dinner.

QUOTABLE QUOTES

by Randall "Rex" Erickson

"[E]rroneous statement is inevitable in free debate, and ... must be protected if the freedoms of expression are to have the 'breathing space' that they 'need ... to survive.'" (Beilenson v. Superior Court (1996) 44 Cal.App.4th 944, 951, citing New York Times Co. v. Sullivan [(1963)] 376 U.S. [254,] 271-272.)

FROM THE

PRESIDENT

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and we are trying to get the Honorable Judith McConnell to speak on Elimination of Bias. I have attended many of the past seminars and they are always very interesting and a great way to get MCLE credits in these hard to find areas. The seminar will be held from 9:00 a.m. to 12:00 p.m. at the El Cajon Community Center located at 195 East Douglas Avenue, El Cajon, California.

The proceeds from the seminar are used by the FBA to keep annual dues at a reasonable level, to help fund the annual dinner, to help pay for special events, and to provide financial assistance to needy organizations within the legal community. We hope that you will take the time to attend the annual seminar. Please use the enclosed flyer to register for the seminar.

On November 17, 2004 we will be having our seminar on Native American Tribal Jurisdiction under Public-Law 280. Our speaker will be Nancy Carol Carter, Director of Legal Research at the University of San Diego, who has lectured nationally on this topic and is considered by many to be an expert in the field. Ms. Carter will provide us with a power point presentation that will introduce us to the law that defines how our legal system is able to interact with the sovereign Native American tribes living on reservations within our borders. We expect that the seminar will be informative and well attended. A flyer for the seminar will appear in our November Newsletter.

The President-Elect for the San Diego County Bar Association, our own Wells Lyman, will be installed on December 3, 2004 at the San Diego County Bar Association Building at 6:00 p.m. I am advised that the Honorable Christine Goldsmith will be administering the oath of office and I know that it would mean a lot to Wells if his friends and colleges from the FBA could attend.

During his term in office Wells plans on meeting with regional and specialty bar leaders to discuss issues affecting the practice of law in San Diego County and develop a more cooperative conduit for sharing information. The FBA sends its best wishes to Wells for a successful term in office.

Finally, remember the State Bar Annual Meeting in Monterey, California where the San Diego County Disaster Relief Coalition will be receiving the 2004 President’s Pro Bono Service Award on October 8, 2004 at 6:00 p.m. Thanks to all of the members of the Coalition for their countless hours of hard work that they provided to the victims of last years fires.

Regards,

Jerry L. Carmody, President

FBA SEMINAR

'HARD TO GET'

MCLE CREDITS

The Foothills Bar Association is pleased to present its second annual "Hard to Get MCLE Credits' Seminar on Saturday, November 1, 2003 from 9:00 a.m. to 12:00 noon at the El Cajon Community Center located at 195 E. Douglas Avenue, El Cajon (next to the Library).

The topics will be Elimination of Bias, Legal Ethics and Substance Abuse. The speakers will be Imam Alqazwini, The Honorable Judge Whitney and The Honorable Judge Buzzard. Please see the enclosed flyer for additional information.

The cost is $45.00 for members and $60.00 for non-members if paid before October 22, 2003 and $60.00 for members and $75.00 for non-members if paid on or after October 23, 2003 or at the door.

Please contact Garrison "Bud" Klueck at 619-448-6500 for more information and registration information.

The next meeting of the Civil Litigation Section will be on Monday, October 20, 2004, from 12:00 noon p.m to 1:00 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa. Please use the enclosed flyer to reserve your space.

The San Diego Superior Court Clerk’s, East County Division, will be presenting this month’s topic entitled Common Problems In Civil Filings Resulting In Kickbacks. Robert Krotzer is looking into expanding the presentation to include Common Problems In Domestic Filings Resulting In Kickbacks.

The meeting is free to members of the FBA. The cost is $10.00 for non members. The cost of lunch will be approximately $15.00 if more than 20 people attend. If not, the cost of lunch will be whatever you choose. Applications for FBA membership will be available at the door.

This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Jerry, Sam or Mark.

The next meeting of the Criminal Law Section will be on Thursday, October 14, 2003, from 12:00 noon to 1:15 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your brown bag lunch.

This will be a roundtable discussion regarding misdemeanors.

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Dan or Andrea.

The next meeting of the Estate Planning, Trust and Probate Section will be on Thursday, October 14, 2004 from 12:15 p.m to 1:15 p.m. at Law Office of Nancy Ewin, 8166 La Mesa Boulevard, La Mesa, CA 91941. The office is in the La Mesa Plaza retail/office complex on the corner of Spring Street and La Mesa Boulevard. Bring your lunch (or pick it up prior to the meeting at any one of several sandwich shops in the center), enjoy the meeting and earn one hour of MCLE.

The speaker will be Tom Trax, CEP with LPL Private Ledger to discuss Financial Tools & Techniques for Estate Planning - specifically focusing on Life Insurance, Annuities and Retirement Plans.

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour General Participatory. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.

The next meeting of the Family Law Section will be on Tuesday, October 12, 2004 from 12:00 noon. to 1:15 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your brown bag lunch.

The speaker will be Gordon Cruse, CFLS. His topic will be "Discovery - Obtaining Evidence Before Trial."

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Bud, Ed or Judi.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m.

For a six month trial period from October through January, 2005, all small claims hearings at the East County Superior Court will be scheduled exclusively for the court’s morning calendar. Small claims litigants will be scheduled for 8:00 a.m. and 10:00 a.m. sessions. Small claims hearings are held from Tuesday through Friday at the East County Superior Court.

October, 2004

1        David Egan

5        Jon McKinley

6        Wells Lyman

7        Garrison Klueck

8        Thomas Marshall

12      Elliott Kanter

13      Kenyon Young

14      Peter Singer

15      Catherine Tancredi

19      Dan Bacal

20      Thomas Buchenau

21      Thomas Castonguay

22      Timothy Cohelan

26      Dave Demergian

27      Joseph Fox

28      Leroy Knutson

29      Larry Kincaid

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

October, 2004

10-6-04        Charles Fougeron

Michael Love

David Schulman

10-13-04      Robert Bowers

Julia Garwood

Peggy Moore

10-20-04      Larry Kincaid

Timothy McDermott

Barton Noone

10-27-04      Stanley Bacinett

Gordon Cruse

John Martin

2004 SECTIONS:

CIVIL LITIGATION

Jerry L. Carmody 667-9600

Sam Parise (858) 674-6660

Mark R. Raftery 589-8800

CRIMINAL LAW

Daniel Cohen 697-0333

Andrea Schneider 337-1384

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judith Klein 698-1882

Bud Klueck 448-6500

Edward Torrence 698-6059

2004 COMMITTEES:

ANNUAL DINNER

Joseph Fox (858) 527-0111

Mark R. Raftery 589-8800

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Jerry L. Carmody 667-9600

GOLF TOURNAMENT

Dan Bacal 588-2064

HARD-TO-GET CREDITS

SEMINAR

Judith Klein 698-1882

Bud Klueck 448-6500

Judy Marolt 442-1857

LAW DAY

Jerry L. Carmody 667-9600

MCLE

Daniel Cohen 697-0333

Joselina Medrano 562-9999

MEMBERSHIP

Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Judith Klein 698-1882

Jerry L. Carmody 667-9600

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022