The John Gabbert Gallery

September 2006 • Volume 56 Number 8 MAGAZINE THE JOHN GABBERT GALLERY Judge Dallas Holmes and Judge Victor Miceli and Justice John Gabbert Justice John Gabbert Presidents of the RCBA: (back row, left to right) Brian Pearcy, 2002; Michael Clepper, 1983; Judge Dallas Holmes, 1982; David Moore, 1984; Judge Craig Riemer, 2000; Justice Bart Gaut, 1979; Justice John Gabbert, 1949; Richard Swan, 1977; Art Littleworth, 1971; Terry Bridges, 1987; (front row) David Bristow, current president; Theresa Han Savage, immediate past president; Dan McKinney, 1993; Michelle Ouellette, 2004; Boyd Briskin, 1986; and Irma Asberry, 1997 The official publication of the Riverside County Bar Association Publications Committee Robyn Lewis Rick Lantz Kirsten Birkedal Mark Mellor Yoginee Braslaw Queenie Ng John Brown Richard Reed Charlotte Butt Donna Thierbach CONTENTS Mike Cappelli Bruce Todd Cosmos Eubany Michael Trenholm Donna Hecht Allen Turner Columns: James Heiting Glenn Williams 3 ................... President’s Message by David T. Bristow Aurora Hughes Lisa Yang Gary Ilmanen 5 ........................ Litigation Update by Mark A. Mellor Editors ........................................................... Michael Bazzo Jacqueline Carey-Wilson 7 ............................ Current Affairs by Richard Reed Design and Production ........................ PIP Printing Riverside Cover Design ........................................ PIP Printing Riverside COVER STORIES: Officers of the Bar Association 8 ................ Introducing the John Gabbert Gallery by Judge Craig G. Riemer President President-Elect 10 ........................................... The Lucky Kid David T. Bristow Daniel Hantman (951) 682-1771 (951) 784-4400 by Judge Dallas Holmes [email protected] [email protected] 12 ...................... John Gabbert–A Treasure of the Vice President Chief Financial Officer E. Aurora Hughes Harry J. Histen, III Riverside Legal Community (909) 483-6700 (951) 682-4121 [email protected] [email protected] by Justice James Ward, Ret. Secretary Past President Harlan B. Kistler Theresa Han Savage (951) 686-8848 (951) 248-0328 Features: [email protected] [email protected] 14 ................... International Intellectual Property Conventions by Michael H. Trenholm and John W. Holcomb Directors-at-Large Jacqueline Carey-Wilson Daniel E. Katz 16 ................................. Safe and Secure: How the Government (909) 387-4334 (951) 682-1771 [email protected] [email protected] Screens Visiting Foreign Nationals by Kelly O'Reilly Richard A. Kennedy Robyn A. Lewis (951) 715-5000 (951) 686-8848 ............................... Electronic Data Discovery–An Overview [email protected] [email protected] 18 by Ed Booth and Michael Caldwell Executive Director Charlotte A. Butt 20 .................... In Memoriam: Judge William H. Sullivan, Ret. (951) 682-1015 by Sandy Leer and John Gabbert [email protected] 23 .................... In Memoriam: Judge William H. Sullivan, Ret. Officers of the Barristers Association by Judge Victor Miceli, Ret. 24 ................ Judicial Profile: The Honorable Meredith A. Jury President Treasurer by Cosmos E. Eubany John D. Higginbotham Christopher L. Peterson (951) 686-1450 26 ............ Immigration Consequences of Criminal Convictions [email protected] Secretary Matthew M. Benov by Mark A. Davis Vice President Charles P. Boylston Member-at-Large Jerry C. Yang 28 ............................. Turning Right on the Fourth Amendment by Erwin Chemerinsky 29 .................. Volunteers Needed for Public Education Forums Riverside County Bar Association 4129 Main Street, Suite 100 Riverside, California 92501 Departments: Telephone Facsimile 951-682-1015 951-682-0106 Calendar . 2 Classified Ads . 32 Internet E-mail Bench to Bar . 31 Membership . 32 www.riversidecountybar.com [email protected] Riverside Lawyer, September 2006 1 MMISSIONISSION SSTATETATEMMENTENT CALENDAR Established in 1894 SEPTEMBER The Riverside County Bar Association, established in 1894 to foster social interaction between the bench and bar, is a professional organization that pro- 21 Business Law Section vides continuing education and offers an arena to resolve various problems that “California’s Statutory Premption of the face the justice system and attorneys practicing in Riverside County. Internal Affairs Doctrine” RCBA Bldg., 3rd Fl. – Noon RCBA Mission Statement Lunch will be provided. The mission of the Riverside County Bar Association is to: (MCLE) Serve its members, and indirectly their clients, by implementing programs CA State Bar Fee Arbitrator that will enhance the professional capabilities and satisfaction of each of its members. Training for San Gabriel Valley/ Serve its community by implementing programs that will provide opportu- Eastern L.A./RCBA/SBCBA nities for its members to contribute their unique talents to enhance the quality Mt. San Antonio College, Bldg. 6, of life in the community. Rm 160 – 6:00 p.m. to 9:00 p.m. Serve the legal system by implementing programs that will improve access (MCLE – 1 hr. Ethics) to legal services and the judicial system, and will promote the fair and efficient administration of justice. 26 Mock Trial Orientation Meeting RCOE Conference Center – 5:00 p.m. to Membership Benefits 7:00 p.m. Involvement in a variety of legal entities: Lawyer Referral Service (LRS), Pub- 27 EPPTL Section lic Service Law Corporation (PSLC), Tel-Law, Fee Arbitration, Client Relations, Dispute Reslution Service (DRS), Barristers, Leo A. Deegan Inn of Court, Inland RCBA Bldg., 3rd Fl. – Noon Empire Chapter of the Federal Bar Assocition, Mock Trial, State Bar Conference (MCLE) of Delgates, and Bridging the Gap. Membership meetings monthly (except July and August) with keynote speak- ers, and particpation in the many committees and sections. 28 RCBA/Barristers Installation of Eleven issues of Riverside Lawyer published each year to update you on State Officers Bar matters, ABA issues, local court rules, open forum for communication and Mission Inn, Music Room – 5:30/6:30 timely business matters. p.m. Social gatherings throughout the year: Installation of RCBA and Barristers Officers dinner, Annual Joint Barristers and Riverside Legal Secretaries dinner, 29 Judicial Ethics Course for Law Day activties, Good Citizenship Award ceremony for Riverside County high Temporary Judges schools, and other special activities. RCBA Bldg., 3rd Fl. 9:00 a.m to Noon Continuing Legal Education brown bag lunches and section workshops. RCBA is a certified provider for MCLE programs. (MCLE – 2.75 hrs. Ethics) MBNA Platinum Plus MasterCard, and optional insurance programs. Discounted personal disability income and business overhead protection for the attorney and long-term care coverage for the attorney and his or her family. OCTOBER 3 RCBA/SBCBA Environmental & Riverside Lawyer is published 11 times per year by the Riverside County Bar Association (RCBA) and is distributed to RCBA members, Riverside Land Use Law Section County judges and administrative officers of the court, community leaders RCBA Bldg., 3rd Fl. – Noon and others interested in the advancement of law and justice. Advertising and (MCLE) announcements are due by the 6th day of the month preceding publications 4 Bar Publications Committee (e.g., October 6 for the November issue). Articles are due no later than 45 RCBA – Noon days preceding publication. All articles are subject to editing. RCBA members receive a subscription automatically. Annual subscriptions are $25.00 and 9 HOLIDAY single copies are $3.50. Submission of articles and photographs to Riverside Lawyer will be deemed 10 PSLC Board to be authorization and license by the author to publish the material in RCBA – Noon Riverside Lawyer. 11 Mock Trial Steering Committee The material printed in Riverside Lawyer does not necessarily reflect the RCBA – Noon opinions of the RCBA, the editorial staff, the Publication Committee, or other columnists. Legal issues are not discussed for the purpose of answering specif- ic questions. Independent research of all issues is strongly encouraged. 2 Riverside Lawyer, September 2006 in their support. We had Judge Miceli, Justice Ward and Jane Carney bringing us a new court every now and then, and times were good. The RCBA didn’t need to worry about skyrocketing judicial caseloads, or understaffed clerk’s offices, or the cyclical shutdown of the civil courts. Instead, we had the luxury of worrying about our continued relevance to our members, and improved rates on insurance. Unfortunately, those days are over. The administration of the courts in the state has, as we know, been taken over by the state. This is not a new development. What is new, however, is that the state has not been quick to respond to the problems confronting the legal system in this county. While our popula- by David T. Bristow tion has exploded, making us one of the fastest-growing areas in the nation, the state has failed to increase our judicial resources accord- When I first became active in the Riverside ingly. As a result, our judicial system, particularly the civil branch, County Bar Association – as I recall, at the has been overwhelmed by the increased caseload. In times past, the behest of my predecessor and former col- county would have increased our resources commensurate with the league, John Vineyard – I quickly found that need, but now, the analysis is done on the state level, and our political prospective (and some current) members

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