Publications Committee Riverside Robyn Beilin Aurora Hughes Yoginee Braslaw Gary Ilmanen County Charlotte Butt Rick Lantz Mike Cappelli Richard Reed LAWYER Joshua Divine Andy Sheffield Donna Hecht Michael Trenholm James Heiting Lisa Yang CONTENTS Co-Editors ....................................................... Michael Bazzo Jacqueline Carey-Wilson Design and Production ........................ PIP Printing Riverside Cover Design ........................................ PIP Printing Riverside Officers of the Bar Association Columns: 3 ......... President’s Message by Mary Ellen Daniels President President Elect Mary Ellen Daniels Michelle Ouellette 7 ........................ Barristers by Robyn A. Beilin tel: (909) 684-4444 tel: (909) 686-1450 email: [email protected] email: [email protected] 23 ................ Current Affairs by Richard Brent Reed Vice President Chief Financial Officer Theresa Han Savage David T. Bristow tel: (909) 248-0328 tel: (909) 682-1771 email: [email protected] email: [email protected] Secretary Past President COVER STORY: Daniel Hantman Brian C. Pearcy tel: (909) 784-4400 tel: (909) 686-1584 ..................................... email: [email protected] email: [email protected] 12 HIPAA Overview Director-at-Large Michael L. Bazzo E. Aurora Hughes Jay E. Orr tel: (909) 682-3246 tel: (909) 955-5516 email: [email protected] email: [email protected] 14 ............Whose Body: Legal Perspectives Janet A. Nakada Michael Trenholm on Money for Organs tel: (909) 779-1362 tel: (909) 781-9231 email: [email protected] email: [email protected] Donna L. Carlson Executive Director Charlotte Butt, [email protected] 16 ........................................ The Other Bar Officers of the Barristers Association James Otto Heiting President Treasurer Wendy M. Seto Danielle G. Sakai Vice President Secretary Features: Jeremy K. Hanson Robyn A. Beilin Members-at-Large .... Judicial Profile: Honorable Charles Stafford, Jr. Charles P. Boylston John D. Higginbotham 6 Riverside County Lawyer is published 11 times per year by the Riverside Rick Lantz County Bar Association (RCBA) and is distributed to RCBA members, Riverside County judges and administrative officers of the court, community leaders and others interested in the advancement of law and justice. Advertising and an- ...................................... Christmas in the Caribbean nouncements are due by the 6th day of the month preceding publications (e.g., 8 October 6 for the November issue). Articles are due no later than 45 days pre- ceding publication. All articles are subject to editing. RCBA members receive a Geoffrey H. Hopper subscription automatically. Annual subscriptions are $25.00 and single copies are $3.50. Submission of articles and photographs to Riverside County Lawyer will be 22 ........................... Riverside County Mock Trial 2004 deemed to be authorization and license by the author to publish the material in Riverside County Lawyer. Judge Joe Hernandez The material printed in Riverside County Lawyer does not necessarily reflect 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 ............................ Barristers Profile: Amanda Owen questions. Independent research of all issues is strongly encouraged. 24 Robyn A. Beilin Riverside County Bar Association 4129 Main Street, Suite 100 Riverside, California 92501 Departments: Telephone Facsimile 909-682-1015 909-682-0106 Calendar . 2 MCLE . 26 Internet E-mail www.riversidecountybar.com [email protected] Classified Ads . 27 Membership . 27 Riverside County Lawyer, February 2004 1 MISSION STATEMENT CALENDAR Established in 1894 The Riverside County Bar Association, established in 1894 to fos- February ter social interaction between the bench and bar, is a professional or- ganization that provides continuing education and offers an arena to 10 PSLC Board resolve various problems that face the justice system and attorneys RCBA – Noon practicing in Riverside County. 11 Mock Trial Steering Committee RCBA – Noon RCBA Mission Statement Barristers The mission of the Riverside County Bar Association is to: Cask ’n Cleaver – 6 p.m. MCLE Serve its members, and indirectly their clients, by implementing programs that will enhance the professional capabilities and satisfac- 12 HOLIDAY tion of each of its members. 16 HOLIDAY Serve its community by implementing programs that will provide opportunities for its members to contribute their unique talents to en- 17 Family Law Section hance the quality of life in the community. RCBA 3rd Floor – Noon MCLE Serve the legal system by implementing programs that will improve access to legal services and the judicial system, and will pro- 18 RCBA Board Meeting mote the fair and efficient administration of justice. RCBA – 5:00 p.m. 19 Business Law Section Membership Benefits RCBA 3rd Floor – Noon MCLE Involvement in a variety of legal entities: Lawyer Referral Service (LRS), Public Service Law Corporation (PSLC), Tel-Law, Fee Arbitra- 20 Joint RCBA/RCLA General tion, Client Relations, Dispute Resolution Service (DRS), Barristers, Membership Meeting Leo A. Deegan Inn of Court, Inland Empire Chapter of the Federal Bar RCBA 3rd Floor – Noon MCLE Association, Mock Trial, State Bar Conference of Delegates, and Bridg- ing the Gap. 25 EPPTL Section Membership meetings monthly (except July and August) with key- RCBA 3rd Floor – Noon MCLE note speakers, and participation in the many committees and sections. Eleven issues of Riverside County Lawyer published each year to 26 CLE Brown Bag Seminar update you on State Bar matters, ABA issues, local court rules, open RCBA 3rd Floor – Noon forum for communication and timely business matters. MCLE 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 cere- mony for Riverside County high schools, and other special activities. March Continuing Legal Education brown bag lunches and section work- 3 Bar Publications Committee shops. RCBA is a certified provider for MCLE programs. RCBA – Noon MBNA Platinum Plus MasterCard, and optional insurance pro- grams. 4 CLE Brown Bag Seminar Discounted personal disability income and business overhead pro- RCBA 3rd Floor – Noon MCLE tection for the attorney and long-term care coverage for the attorney and his or her family. 2 Riverside County Lawyer, February 2004 because I have done what I expect any normal person to do (if being an attorney is what they want to do). I am now asked to speak at numerous black events about legal issues. I am seen as someone who confirms that being black is not a curse and, in fact, it is honorable, because of my position. I have always expected success. I am asked about how my blackness affects my peers and adversaries; I am asked about black relationships, about my ability to generate income in spite of my blackness, about the effect that my blackness has on the judiciary and about the many business concerns that only blacks are faced with. I am honored, and yet saddened at the same time, by what I have experienced in my lifetime as a black female. I have had little time to think about black history. I know by Mary Ellen Daniels that the work of Martin Luther King, Malcolm X, President Abraham Lincoln, President Bill Clinton and many others has changed the way blacks have been able to live in our society. The majority of blacks I come in contact with have yet to experience My Past, My Reality, the feeling of being able to achieve those things that they see on television and have come to the conclusion that the American My Black History Dream is something that they cannot obtain. They are correct. Many of my people believe that life for them continues to be a America is the beautiful; is the melting pot with nightmare which goes away upon death. They do not desire to do different flavors; is the mosaic with distinctive differ- the “right” thing because they feel they can never leave the ghet- ences. Our ancestors from the seven continents to. Truthfully, it takes a very strong black to withstand the pres- brought their blessed differences to this country and sure of a continuing fight for equality for the black man in all wove them as threads in a fabric. That fabric is our arenas of our society. history. When I was younger and had not been outside of my family As many of you know, February is Black History home, I was of the opinion that anyone could achieve anything, Month. Although I am a black American, I have been regardless of whether they were black or white. I do not feel that so consumed with the practice of law that I have way now. Even though I went blindly into myself in order to do spent very little time, prior to this year, thinking what I have with my life, I think that I have been singled out by about this month that is so special to black God to be blessed. When I reflect on my position and lifestyle Americans. Maybe I have been hiding in my work after returning from a brief appearance in my neighborhood, to because thinking about the history of my people in which I rarely return, I think that the level of strength that I my community, and of blacks in general, is very have been given is something that even I do not and cannot painful. Looking at family pictures that depict our understand. history is painful; watching movies about the history Because it was the month for Kwanzaa, which is a newly cre- of my people is painful. Slavery, lynching of blacks, ated black holiday celebration, I was recently honored by a group the continued legal struggles of blacks, the disparate of black females and given the “Sapphire Award” for the year in legal treatment of blacks, the discrimination against the area of Law and Justice. This group of black females includ- blacks, the loss of affirmative action, the lack of black ed many of the females I recall from my youth.