Publications Committee Riverside Robyn Beilin Aurora Hughes Yoginee Braslaw Rick Lantz County Charlotte Butt Richard Reed Mike Cappelli Michael Trenholm LAWYER Donna Hecht Allen Turner James Heiting Lisa Yang CONTENTS Editors ........................................................... Michael Bazzo Jacqueline Carey-Wilson Design and Production ....................... PIP Printing Riverside Cover Design ........................................ PIP Printing Riverside Columns: Officers of the Bar Association 3 .......... President’s Message by Mary Ellen Daniels 18 ........................ Law Library by Gayle Webb President President Elect Mary Ellen Daniels Michelle Ouellette tel: (909) 684-4444 tel: (909) 686-1450 email: [email protected] email: [email protected] Vice President Chief Financial Officer Theresa Han Savage David T. Bristow tel: (909) 248-0328 tel: (909) 682-1771 Features: email: [email protected] email: [email protected] 5 ................ In Memoriam: LeMoyne “Lee” S. Badger Secretary Past President Daniel Hantman Brian C. Pearcy Judge Tom Cahraman tel: (909) 784-4400 tel: (909) 686-1584 email: [email protected] email: [email protected] 6 .......................... In Memoriam: LeMoyne S. Badger Director-at-Large Leo Badger E. Aurora Hughes Jay E. Orr tel: (909) 980-1148 tel: (909) 955-5516 8 .................................. Good Citizenship Award 2004 email: [email protected] email: [email protected] David Bristow Janet A. Nakada Michael Trenholm tel: (909) 779-1362 tel: (909) 781-9231 11 ................................................ Law Day at the Malls email: [email protected] email: [email protected] Executive Director 13 ................................................. Impossible Marriage Charlotte Butt, [email protected] Vickie Broach Officers of the Barristers Association 14 ..................................................... License to Marry? Stephen Osborn President Treasurer Wendy M. Seto Danielle G. Sakai 16 ............................................ Who Gets The License? Vice President Secretary Jeremy K. Hanson Robyn A. Beilin Richard Brent Reed Members-at-Large Charles P. Boylston John D. Higginbotham 20 ................................................. Volunteers in Parole Riverside County Lawyer is published 11 times per year by the Riverside Fourth Annual Awards Luncheon County Bar Association (RCBA) and is distributed to RCBA members, Riverside County judges and administrative officers of the court, community leaders Jacqueline Carey-Wilson and others interested in the advancement of law and justice. Advertising and announcements are due by the 6th day of the month preceding publications (e.g., October 6 for the November issue). Articles are due no later than 45 days ....................... Krieger Award Nominations Sought preceding publication. All articles are subject to editing. RCBA members receive 23 a subscription automatically. Annual subscriptions are $25.00 and single copies are $3.50. Judge Craig Riemer Submission of articles and photographs to Riverside County Lawyer will be deemed to be authorization and license by the author to publish the material in ............................................. 14th Annual Red Mass Riverside County Lawyer. 24 The material printed in Riverside County Lawyer does not necessarily reflect Jacqueline Carey-Wilson the opinions of the RCBA, the editorial staff, the Publication Committee, or other columnists. Legal issues are not discussed for the purpose of answering specific questions. Independent research of all issues is strongly encouraged. Riverside County Bar Association 4129 Main Street, Suite 100 Departments: Riverside, California 92501 Telephone Facsimile Bench to Bar . 27 Errata . 28 909-682-1015 909-682-0106 Calendar . 2 Membership . 28 Internet E-mail www.riversidecountybar.com [email protected] Classified Ads . 28 Riverside County Lawyer, June 2004 1 MISSION STATEMENT CALENDAR Established in 1894 The Riverside County Bar Association, established in 1894 to June foster social interaction between the bench and bar, is a professional organization that provides continuing education and offers an arena 15 VIP Attorney/Parole Agent Mixer to resolve various problems that face the justice system and attorneys RCBA 3rd Floor – Noon practicing in Riverside County. RCBA Board RCBA Mission Statement RCBA – 5:00 p.m. The mission of the Riverside County Bar Association is to: Serve its members, and indirectly their clients, by implementing 23 DRS Board programs that will enhance the professional capabilities and satisfac- RCBA – Noon tion of each of its members. Serve its community by implementing programs that will provide 25 General Membership Meeting opportunities for its members to contribute their unique talents to RCBA 3rd Floor – Noon enhance the quality of life in the community. (MCLE) Serve the legal system by implementing programs that will improve access to legal services and the judicial system, and will pro- 26 Bridging The Gap mote the fair and efficient administration of justice. 8:20 a.m. – 12:30 p.m. San Bernardino County Law Library (MCLE) Membership Benefits Involvement in a variety of legal entities: Lawyer Referral Service 30 EPPTL Section (Brown Bag) (LRS), Public Service Law Corporation (PSLC), Tel-Law, Fee Arbitra- “Basics of Probate Practice” tion, Client Relations, Dispute Resolution Service (DRS), Barristers, RCBA 3rd Floor – Noon Leo A. Deegan Inn of Court, Inland Empire Chapter of the Federal Bar (MCLE) Association, Mock Trial, State Bar Conference of Delegates, and Bridg- ing the Gap. Riverside Superior Court Membership meetings monthly (except July and August) with key- Judge Pro Tem Training “Unlawful note speakers, and participation in the many committees and sections. Detainer” Eleven issues of Riverside County Lawyer published each year to 12 p.m. – 5:00 p.m. Banning Courthouse update you on State Bar matters, ABA issues, local court rules, open (MCLE) forum for communication and timely business matters. Social gatherings throughout the year: Installation of RCBA and Barristers Officers dinner, Annual Joint Barristers and Riverside Legal Secretaries dinner, Law Day activities, Good Citizenship Award cer- emony for Riverside County high schools, and other special activities. July Continuing Legal Education brown bag lunches and section work- shops. RCBA is a certified provider for MCLE programs. 5 HOLIDAY MBNA Platinum Plus MasterCard, and optional insurance programs. Discounted personal disability income and business overhead pro- 7 Bar Publications Committee tection for the attorney and long-term care coverage for the attorney RCBA – Noon and his or her family. 2 Riverside County Lawyer, June 2004 Our Bar leader, Theresa Han-Savage, must be commended for the programs she is putting together. Our next Bar luncheon on June 25, will feature Prof. Charles Doskow and Judge Becky Dugan, who will speak on “Same Sex Marriages.” Please make your reservations early, as we antici- pate a full house. Judicial Forum The Riverside County Superior Court is facing an unprec- edented challenge this year. Although we are one of the fastest growing counties in the country and we have had a tremendous population increase, our funding and staffing levels have not by Mary Ellen Daniels kept pace with our filings. As most of you are aware, the state has cut into our budget, so we implemented a budget plan to reduce the impact of the cuts. We are now being required to Legal Professionals Luncheon handle more cases with less money, fewer staff, and an insuf- I was privileged to recently meet with members ficient number of judicial offices. of the Riverside Legal Professionals Association and In order to deal with the problems that the budget cuts have a host of fellow attorneys, as well as some of our created, our Presiding Judge, Douglas Miller, and the Riverside Superior Court judges and commissioners. This County Bar Association have teamed up to put together a round- month, the Riverside County Bar Association hon- table discussion with the leaders of our judiciary which will ored legal professionals by hosting a luncheon at identify issues and propose solutions. We are confident that this the Riverside Bar Association building. Many of judicial forum will assist us in maintaining and preserving the the legal professionals in our community attended. administration of justice. The President of the Riverside Legal Professionals Association, Maria Hoff, gave out awards and Citizenship Award announced the new slate of officers for the coming This year, I was honored to be able to attend the presentation term. It was refreshing to hear attorneys get up and of the RCBA Good Citizenship Awards, which took place on May praise the work of their legal professionals. It was 7, 2004, in Department One of the Superior Court. Citizenship also enlightening to hear the judges talk about their Awards are presented yearly to those students who have shown support staff and the contributions they make daily. exemplary traits of citizenship. I often wonder whether we in the legal com- The awards ceremony was special. There were representa- munity really understand how much we owe to our tives from the offices of State Senator Jim Brulte, State Senator support staff. My own staff, which is managed by Denise Ducheny, State Senator Jim Battin, State Senator Dennis Toni Lorenz, knows how much I appreciate them. Hollingsworth, Congressman Ken Calvert, Assemblyman Robert If it were not for Toni,