This has been a strange roller coaster ride. I understand they wanted to move to Anaheim and were thwarted. But it was just a few weeks ago Mayor Johnson and the Bee and the Maloofs all announced a deal was in the works and moving forward. Now it looks like it is not:
http://www.sacbee.com/2012/04/14/4413343/kings-arena-deal-crumbles-as-maloofs.html
County votes to earmark about $3 million in parking revenue for downtown arena.
“By a 4-1 vote, the board authorized county staffers to negotiate a plan to earmark an estimated $3.5 million a year in parking revenue toward the downtown arena. The deal depends, however, on the county retaining $500,000 a year to fund regional parks, leaving a net contribution to the arena of $3 million.”
Read more: here.
California chose to participate in an optional federal program and enacted Assembly Bill 12 (“AB 12”), which was amended by Assembly Bill 212. AB 12 was authored by Assembly Member Jim Beall, Jr. and Speaker‐Emeritus Karen Bass, and is also known as the California Fostering Connections to Success Act. AB 12 became law on October 4, 2011 and its provisions took immediate effect.
AB 12 allows young adults who meet certain criteria to remain in foster placement past age 18 and up to age 20. The new law is intended to help them make an easier transition to independent living and perhaps avoid the sometimes abrupt release of unprepared young adults from foster placement.
Click the links below for additional information:
Now in its 14th year, a record Twenty-eight (28) museums from the greater Sacramento area will be offering free or half price admission for the Annual Sacramento Museum Day. This event is presented by the Sacramento Association of Museums (SAM), and proudly supported by Umpqua Bank. Sacramento Museum Day takes place Saturday February 4, 2012 from 10 a.m. to 4 p.m. All participating museums close at 5 p.m. with the last guests admitted at 4 p.m.
I recently wrote about the issue of communicating with parties already represented by counsel. The State Bar issued an opinion on this issue recently. Basically, ‘consent’ under the ‘no contact rule’ of California Rules of Professional Conduct 2-100 may be implied by the facts and circumstances surrounding the communication with a represented party.
Click HERE to see the Formal Opinion.
If you have an attorney, other lawyers representing other parties in the matter are prohibited from speaking to you. They must first obtain consent from your attorney, who will necessarily ask you how you feel about it. If you are being sued and have an attorney, contact your attorney IMMEDIATELY should someone else try to speak to you about the matter. If you are on probation or charged with a crime the rule also applies.
The California State Bar Rules of Professional Conduct state in Rule 2-100:
(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.
(B) For purposes of this rule, a “party” includes:
(1) An officer, director, or managing agent of a corporation or association, and a partner or managing agent of a partnership; or
(2) An association member or an employee of an association, corporation, or partnership, if the subject of the communication is any act or omission of such person in connection with the matter which may be binding upon or imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization.
(C) This rule shall not prohibit:
(1) Communications with a public officer, board, committee, or body; or
(2) Communications initiated by a party seeking advice or representation from an independent lawyer of the party’s choice; or
(3) Communications otherwise authorized by law.
Thus, under (C)(2), it is acceptable for a party (the person represented, not the lawyer) to speak to other counsel if they are seeking advice or representation from another lawyer. But it is NOT acceptable for other counsel to contact a party. If you have other questions about these matters, you may call my office at (916) 363-1211 or the CA State Bar ethics hotline at 800-238-4427, toll free from within California.
Click here to go to the State Bar Ethics page.
I was recently asked by the Superior Court if I would accept appointments to serve as a Guardian ad Litem (G.A.L.) in WIC 300 Dependency cases and I enthusiastically agreed!
Guardian ad Litems are appointed when a party in a proceeding is determined to be ‘incompetent.’ The U.S. Supreme Court defined competency as “Whether [a] defendant ‘has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding – and whether he has a rational as well as factual understanding of the proceedings against him” in Dusky v. United States (1960) 362 U.S. 402. A person unable to meet this requirement may be found ‘incompetent.’
In California the test is whether “the [parent] has the capacity to understand the nature or consequences of the proceeding and to assist counsel in preparing the case” from In re Jessica G. (2001) 93 Cal.App.4th 1180, 1186. If the court, after applying these principles and others, determines the party is incompetent then a G.A.L. will be appointed.
This is a very serious undertaking as the person acting as a G.A.L. essentially ‘stands in that person’s shoes’ and acts to protect that person’s legal interests in the case. The G.A.L. is NOT the party’s attorney, who provides legal advice. The effect of the guardian ad litem’s appointment is to transfer direction and control of the litigation from the party to the guardian ad litem.
Living Trusts are a great way to make sure your wishes are carried out. Probate can be a long process and if you have no will or revocable trust in place your heirs will receive less of what you want to leave them. Worse still, lawyers (!) and court-appointed individuals will receive part of your estate. Fortunately it is easy to prevent this. Preparing a living trust need not be expensive nor time-consuming and it will give you some ‘peace of mind,’ especially if you have young children.
Mark Mayfield is an attorney and has represented hundreds of clients, in a wide variety of matters including probate, trust, civil, criminal, juvenile, and bankruptcy. He is a member of the Sacramento County Bar Association, the California State Bar, and the Sacramento Superior Court Probate Panel. Before choosing law as a career, he worked as a college professor and at libraries.
Mark can advise you on all aspects of your living trust and small estate legal matters. The State Bar of California discourages attorneys from listing individual case results, but for over 15 years he has obtained excellent resolutions in a wide variety of cases. After years of assisting friends and family with their estate & probate matters, he has decided to offer the same high level of service to clients in the greater Sacramento region. Call (916) 363-1211 or email today for a free consultation and to determine if he can assist you with your important family law matters.
We saw a wonderful show on Sunday in Folsom, starring the Sacramento Philharmonic Orchestra and an amazing 15 year old local violinist named Ray Anthony Trujillo. Great job Ray!
Check out the Philharmonic’s homepage:
Here is an interesting and innovative program: CeaseFire. According to its proponents it is a national public health strategy that has been scientifically proven to reduce shootings and killings. An interdisciplinary model, CeaseFire maintains that violence is a learned behavior that can be prevented using disease control methods. Very interesting.
From their website:
“In June 2009, U.S. Attorney General Eric Holder, Jr., head of the Department of Justice referenced CeaseFire as an example of ‘a rational, data-driven, evidence-based, smart approach to crime – the kind of approach that this Administration is dedicated to pursuing and supporting.’ ”
More cities need to adopt programs to get at the root of urban gang related violence. In Chicago, some credit CeaseFire with a 67% drop in shootings the first year it was implemented.
Check out their website: