California Divorce Blawg

Divorce Mediation

2008-10-10T13:36:02-07:00

Divorce mediation is now well-known and widely accepted. Mediation means different things to different people. In our mediation practice, you and your spouse will sit down in the same room with each other and with your neutral mediator. With the mediator's help, you work through all the issues you need to resolve so the two of you can get through your divorce.

Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict. It allows each of you to work together as parents after your divorce. The mediator remains neutral between the husband and the wife. That means the mediator educates both of you on the law. In open sessions we educate both spouses on the things that each should be aware of, and about what each spouse is trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Mediation is comprehensive resolution of all issues of divorce, including:

    * Assets and liabilities
    * Child custody and support
    * Parenting schedules
    * Medical insurance coverage
    * Property division
    * Tax consequences
    * Spousal support

Mediation is voluntary. It continues only for so long as you, your spouse, and the mediator -- want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all. There are no secrets in mediation. Because mediation is voluntary, you are welcome to, in fact encouraged to, have your own independent lawyer as an advisor between sessions; and to receive independent legal advice from your own attorney throughout the entire mediation process.

Positive Results

Mediation is successful! Years of research demonstrate that couples who have mediated their divorce are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.

The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation often translates to more money for you.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Client Trust Accounts And Bank Stability

2008-10-08T11:25:47-07:00

On his LawBizBlog Ed Poll delivers some great information about attorney-client trust funds accounts ("IOLTAs"). Lawyers who hold money in trust on behalf of their clients (for example, retainers, house sale proceeds, etc.) can find themselves at the mercy of the financial system. Here is what Ed has to say:

The State Bar of California recent answered several questions about the FDIC and clients' trust accounts. While their comments relate to California lawyers, their comments are instructive for all lawyers with clients' trust accounts. Caveat: Check your jurisdiction's rules and regulations, including those of both the bar and the banking associations.

In general, the insured limit for a single depositor is now $250,000. The title of the account and the social security number on the account are factors used to determine if we're dealing with one depositor with multiple accounts or multiple depositors.

If you i.) have an IOLTA account (not all clients' trust accounts are IOLTA), and ii) the title of your account discloses that it is a trust account for clients, and further iii) keep trust account records in good faith and in the regular course of business, clients funds are separately insured to the maximum amount permitted by FDIC. In other words, you don't have to split the account into smaller segments just because the entire trust account exceeds the cap. Where your client has an account in the same banking institution where you have your trust account, however, the combined amount of his/her funds and the funds allocated from your trust account will be considered for protection, not each account separately. Discussion with your clients about this now very sensitive issue is suggested.

Another caveat requiring the attorney to be careful in selecting the deposit institution: Although FDIC may cover the account, delays in retrieving funds may cause severe hardship for your client(s). One such hardship might be the inability to finance a merger, or close a transaction, etc. Though the principal amount will be recovered, economic consequences to your client may be severe...and there may be repercussions for attorneys by way of claims of negligent management of client money. Lawyers Beware!

This is great information for lawyers and their clients. Thank you for posting it Ed. For the original article please click here to visit LawBizBlog.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Missouri Divorce & Family Law Blog

2008-10-07T15:45:55-07:00

Kansas City lawyer Mark A. Wortman puts out the Missouri Divorce & Family Law Blog, a very nice blog packed with current events and information relevant to Missouri and beyond. Check it out by clicking here.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Couple splits up -- pet custody battle begins

2008-10-06T12:04:14-07:00

Five years ago, Sara Vreed got embroiled in soap-opera-style custody arrangements with her ex-boyfriend -- and they don't even have children. What was at stake were the living arrangements for their 5-year-old canine, a Shetland sheepdog named Ivo.
"After we broke up, my ex got Ivo on the weekends," says Vreed, 31, an associate at an architecture firm in Portland, Oregon. "But it was really taxing on (the dog), and he started having a lot of behavior problems."
Things changed when Vreed's ex got his own Shetland sheepdog, Tuk, and the two pets became friendly during visits. Like children scheming to get their parents back together, the visitation led to a reconciliation, but even two cute pooches couldn't prevent a second breakup.
After round two, Vreed says the joint-custody arrangement was scratched.
"We had to split the pack and take the repercussions of whatever was going to happen," she says. "Spending time together with the dogs was not good for us."
Vreed is one of many cohabiting pet parents who have faced a sobering problem: Who gets the dog, cat, horse or boa constrictor when the relationship ends?
That question has sparked some human catfights; pet custody disputes in divorce are a growing area of the law. In a 2006 survey of 1,600 members of the American Academy of Matrimonial Lawyers, a quarter said they had noticed an anecdotal uptick in pet-custody cases in the past five years.
Please click here for the entire CNN.com article.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

More Moms Paying Child Support

2008-10-02T10:20:49-07:00

More women are paying child support these days, according to the latest survey of the American Academy of Matrimonial Lawyers (AAML). In all, 55% of the respondents have cited an increase in the number of mothers who have been assigned to make child support payments over the past five years. Additionally, 42% of the divorce attorneys have seen the size of overall payment amounts rise during the same period of time. Click here to read the entire MarketWatch article.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Sleep With Your Wife's Sister and You Could Lose Your Green Card!

2008-09-25T09:11:38-07:00

Jorge and Lilia got married. Lilia sponsored Jorge's application for a U.S. green card. Two weeks after she signed his final sponsorship papers Jorge told Lilia that he wanted a divorce. At the same time Lilia discovered that throughout their relationship Jorge had been having a torrid affair with Lilia's sister Blanca.
Jorge filed for divorce; Lilia filed her response, along with a request for an annulment based on Jorge's fraudulent representation that he would be faithful. At a bifurcated trial on the status of the marriage, Jorge testified that he became a permanent resident in 2002, and asserted that he had no relationship with Blanca. Lilia presented evidence of phone messages and and overheard conversation to support her claim that her marriage to Jorge should be annulled on the ground of fraud. When the trial concluded, the court found that Jorge had committed fraud by marrying Lilia while he was having a sexual relationship with Blanca that he did not intend to terminate. The court reasoned that “this kind of fraud goes to the heart of the marital relationship”; thus, the marriage was void under Fam C §2210(d) [marriage voidable where consent of either party was obtained by fraud] on the ground of fraud. The court also found that Lilia was a putative spouse for purposes of dividing the marital property.
Poor Jorge. He dropped his pants too many times, and got his bottom spanked very hard. Losing on the property and looking at deportation. Click here to read the entire case summary as prepared by CFLR.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Sharon Stone Denied Change of Custody

2008-09-24T09:26:12-07:00

The son of actress Sharon Stone and her ex-husband Phil Bronstein will continue living with his father in San Francisco. The actress had filed a motion in San Francisco Superior Court seeking a move-away order so that the boy could live full-time with her in Los Angeles. The request was denied on the grounds that the child is settled in San Francisco, and that Stone had failed to demonstrate that the move would serve the best interests of the child. Click here to read more.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

UK Family Law Website

2008-09-24T08:38:21-07:00

I received an e-mail today from my friend John Rosley. John practices with Rosleys Solicitors in Nottingham, England, where he specializes in family law. John's note reminded me that there are lots of folks with cross-border questions when it comes to family law. For those of you with UK/US questions, take a look at the website for Rosleys Solicitors by clicking here.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Meet the Justices of the California Supreme Court

2008-09-23T10:46:07-07:00

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court. That being the case Californians should know who their Supreme Court Justices are. One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website. Today we feature Associate Justice Ming W. Chin.
Associate Justice Ming W. Chin

On March 1, 1996, Justice Ming W. Chin became an Associate Justice of the Supreme Court of California. Governor Pete Wilson appointed him to that position on January 25, 1996. On March 1, he was confirmed by the Commission on Judicial Appointments and sworn in by the Governor. Justice Chin previously served as the Presiding Justice of the First District Court of Appeal, Division Three, in San Francisco beginning January 2, 1995. He was appointed to that position by Governor Pete Wilson on August 17, 1994, and in November 1994 was elected to a 12-year term. Previously he was an associate justice of that court, having been appointed to that position by former Governor George Deukmejian. Prior to that appointment, he served as a judge of the Alameda County Superior Court. Before his appointment to the bench, Justice Chin was a partner in an Oakland law firm, where he specialized in business and commercial litigation.

Justice Chin obtained his Bachelor of Arts degree in political science as well as a Doctorate of Jurisprudence from the University of San Francisco and was admitted to the California State Bar in 1970; he also has been admitted to practice before the federal courts, as well as the United States Tax Court. After he graduated from law school, Justice Chin served two years as a Captain in the United States Army, including a year in Vietnam, where he was awarded the Army Commendation Medal and the Bronze Star. He then served three years as a deputy district attorney for Alameda County, where he tried numerous felony and misdemeanor jury trials and progressed to the position of felony trial deputy.

In 1973, Justice Chin was recruited by the Oakland law firm of Aiken, Kramer & Cummings, Incorporated, to head its trial department. He became a principal of the firm in 1976. His successful trials include two judgments in excess of one million dollars. The first was a $1.3 million judgment in an unfair competition/ wrongful termination case in the Alameda County Superior Court, and the second was a $1.2 million award in an arbitration of a construction dispute in Los Angeles.

Justice Chin has served on many committees of the state and local bar associations and was the first Asian-American to serve as President of the Alameda County Bar Association in its more than 100-year history. He was a member of the Judicial Council Appellate Advisory Committee and the Advisory Committee on Racial and Ethnic Bias. He served as a member of the Board of Trustees of the University of San Francisco, where he was a member of the Executive Committee and chaired the Academic Affairs Committee. He was also a member of the USF Law School Board of Counselors and an Adjunct Professor of Law. The USF Alumni Association presented him a distinguished service award in 1985 for his work as a past president of that organization. In 1988, he was selected as the USF Alumnus of the Year; in 1993, he was named USF Law School Alumnus of the Year; and in 1996 USF Law School presented him with the St. Thomas More Award. Justice Chin was selected as the Outstanding Judge of the Year in 1989 by the Southern Alameda County Bar Association. The San Francisco Bay Chapter of the American Jewish Committee named him recipient of the 1997 Learned Hand Award. In 1998 he served as President of the Commonwealth Club of California.

Justice Chin has authored landmark decisions in areas such as DNA, toxic tort insurance coverage, surrogate parents, and hate crimes. He has frequently lectured on DNA, genetics, and the courts, to groups including the American Bar Association's Judicial Division, the State of California's Center for Judicial Education and Research (CJER), the National College of Probate Judges, the Wisconsin Supreme Court Judicial Education Committee, and the Chulabhorn International Science Congress, Bangkok, Thailand. He is a frequent lecturer in judicial education and gave the Traynor Lecture at the Witkin Judicial College in June 2008. He also spoke on behalf of the California Supreme Court in December 1996 at its memorial session honoring the late Bernard E. Witkin. He is an author of California Practice Guide: Employment Litigation (The Rutter Group 2007).

EDUCATION

Bellarmine College Preparatory, 1960
San Jose, California

University of San Francisco
B.A., Political Science, 1964

University of San Francisco, School of Law
Juris Doctorate, Law, 1967

CURRENT EMPLOYMENT

Supreme Court of California
Associate Justice appointed by Governor Pete Wilson, January 25, 1996
Confirmed by the Commission on Judicial Appointments, March 1, 1996
Oath of Office, March 1, 1996
Elected, 12-year term, November 1998

PAST EMPLOYMENT

Court of Appeal, First District, Division Three, Presiding Justice
Appointed by Governor Pete Wilson, August 17, 1994
Confirmed by the Commission on Judicial Appointments, August 29, 1994
Oath of Office, December 2, 1994
Elected, 12-year term, November 1994

Court of Appeal, First District, Division Three, Associate Justice
Appointed by Governor George Deukmejian, August 7, 1990
Confirmed by the Commission on Judicial Appointments, August 20, 1990
Oath of Office, August 20, 1990
Elected, 12-year term, November 1990

Alameda County Superior Court, Judge
Appointed by Governor George Deukmejian, January 6,1988
Oath of Office, January 8, 1988
Elected, 6-year term, November 1990

United States Army, Captain (1967 - 1969)

Fort Lewis, Washington
Chief of the Transfer Station
U.S. Army Personnel Center
Fort Carson, Colorado
Chief Personnel Officer
1st Brigade of the 5th Division

Long Binh, Vietnam
Procurement Officer
U.S. Army Headquarters, Vietnam

United States Army Reserves, Captain (1969 - 1971)

91st Division, Headquarters
Fort Baker
Sausalito, California

Alameda County, California
Deputy District Attorney, 1970 - 1972

Aiken, Kramer & Cummings, Inc.
Associate, 1973 - 1976
Partner, 1976 - 1988
(Specialized in business litigation and employment law counseling and litigation)

PROFESSIONAL ORGANIZATIONS

California Judges Association
Member, 1988 - present
Member, Public Information and Education Committee
Graduate, California Judges College, 1988

Judicial Council of California
Chair, Court Technology Advisory Committee, 2002 - Present
Chair, California Commission for Impartial Courts, 2007 - Present
Chair, Science and the Law Steering Committee, 2005 - 2007
Member, Advisory Committee on Racial and Ethnic Bias, 1990 - 1997
Member, Appellate Advisory Committee, 1993 - 1996

State Bar of California
Delegate, Conference of Delegates, 1983 - 1986
Referee, State Bar Court, 1978, 1979
Member, Executive Committee of the State Bar Court, 1993 - 1994

Alameda County Bar Association
Member, Board of Directors, 1983 - 1988
Vice-President, 1986
President, 1987

San Francisco District Attorney's Commission on Hate Crimes
Member, 1990 - 1992

COMMUNITY SERVICE

University of San Francisco
Member, Alpha Sigma Nu, National Jesuit Honor Society
Editor, USF Yearbook, 1964 (The Don)
Member, USF Alumni Board of Governors, 1978 - 1984
President, USF Alumni Association, 1983 - 1984
Member, Board of Counselors, USF School of Law, 1980 to present
Commencement Speaker, College of Professional Studies, May 1985
Member, USF Board of Trustees, 1985 - 1997
Member, Personnel Committee, 1985 - 1988
Member, Executive Committee, 1986 - 1988, 1993 - 1998
Member, Academic Affairs Committee, 1988 - 1998; Chairman of the Committee, 1993 - 1998
Adjunct Professor of Law, 1989 - 1993

Commonwealth Club of California
Member since 1978
Member, Program Committee, 1992 - present
Chairman of the Committee, 1995
Member, Board of Governors, 1993 - present
Chairman of the Executive Committee, 1996
President-elect, 1997
President, 1998

First District Agricultural Association
Member, Board of Directors, 1985 - 1988

AWARDS AND HONORS

McQuade Award for Journalism, USF, 1964

U.S. Army Commendation Medal, Quang Tri, Vietnam, 1969

The Bronze Star (U.S. Army), Long Binh, Vietnam, 1969

Distinguished Service Award, USF Alumni Association, April 1985

Alumnus of the Year, USF, 1988

Appointed by California Governor George Deukmejian as a Member of the Board of Directors, First District Agricultural Association, 1985-1988

Outstanding Judge of the Year, 1989, Southern Alameda County Bar Association

Alumnus of the Year, USF School of Law, 1993

St. Thomas More Award, USF School of Law, 1996

Honorary Doctor of Laws, Southwestern University School of Law, 1996

Honorary Doctor of Laws, Golden Gate University School of Law, 1997

Learned Hand Award, American Jewish Committee, SF Bay Chapter, 1997

Honoree for Service in the Field of Law, Chinese Consolidated Benevolent Association & Chinese Women's Association of America, 1997

Legal Impact Award, Asian Pacific American Legal Center of Southern California, 1997

Honorary Doctor of Laws, University of San Diego School of Law, 1998

Honorary Doctor of Laws, Western State University School of Law, 1998

Citizen of the Year Award, Chinese Americans United for Self Empowerment, 1998

Public Service & Government Leadership Award, Asian Business Association, 1998

Trailblazer Award, National Asian Pacific American Bar Association, 1999

Grand Marshall, San Gabriel Valley Lunar New Year Parade, 2000

Honorary Doctor of Laws, California Western School of Law, 2001

Honorary Doctor of Laws, Pepperdine University School of Law, 2002

United States Attorney's Asian Pacific American Heritage Month Award, 2004

Distinguished Faculty Service, Judicial Council of California Education Division, 2005

Promoting Diversity Through Judicial Excellence, California Minority Counsel Program, 2006

Commitment to Community Award, Asian Pacific Bar Association of Silicon Valley, 2006

Legal Impact Award, Asian Law Alliance, 2007

PUBLICATIONS

Keynote Address: "Fairness or Bias?: A Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" (May 1997) 4 Asian Law Journal (Boalt Hall School of Law, U.C. Berkeley) 181

California Practice Guide: Employment Litigation (The Rutter Group, 2007)

Healthcare and Other Social Aspects of Genetics: a Judicial Perspective (2007) Vol. 8, No. 5, Int. J. Healthcare Technology and Management, 549.

California Divorce Blawg On Top 50 List

2008-09-18T08:59:00-07:00

Just got word from the folks at Soul Mate that the California Divorce Blawg appears on its Top 50 List! According to Soul Mate:
This list of 50 divorce blogs are published with the intention of helping out other separated and divorced individuals as they try to make sense of child custody issues, international divorces, dealing with grief and moving on, and more. Take advantage of these bloggers’ experience and the advice they offer to take back control over your life.

Soul Mate is the creation of Erin Mills, a twenty-something serial dater who is still holding out for that special someone. Meanwhile, she is sharing her relationship hits and misses with others in the hopes that they have a fun and successful dating experience. While she’s not busy dating and blogging, Erin enjoys shopping, playing tennis, and hanging out with her girlfriends. Click here for the Soul Mate Blog, or here for the Top 50 List.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

I've Gotta New Blog

2008-09-18T08:46:42-07:00

A lot of the visitors to the California Divorce Blawg are fellow family law lawyers. To all of my colleagues in the family law bar, I have started a new blog just for us. Family Lawyer Tech is dedicated to all things related to running a family law practice. As it grows it will have information on practice management, technology, marketing, and on and on.
The Internet has become an invaluable part of my being a lawyer, and my being a business person. There is a wealth of information out there. Perhaps FLT can help to make some of it easier to find. Stop by for a visit. Post a comment if you like. Send me an e-mail with a lead on a new story.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Show Me The Money! Finances Always A Part of Marital Bliss

2008-09-18T08:38:24-07:00

An article on the New York Times website suggests that there is more to a good marriage than love and romance. Money counts for a lot, and couples with similar outlooks on finance have better, happier, longer marriages. Based on my experiences as a family law lawyer, I would agree. This is an interesting read. Check it out by clicking here.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Georgia Family Law Blog

2008-09-12T13:04:55-07:00

Stephen M. Worrall and Melissa A Mullin, are in charge at the Law Firm of Mullin & Worrall in Marietta, Georgia. In addition Worrall produces the Georgia Family Law Blog, which is a great resource for those with Georgia divorce on ther minds. For those of your who have seen me in court, visited my office, of sat in on one of my speaking presentations, you are aware of the fact that I am a big proponent of tablet pc's, and I use mind all the time. If Stephen Worrall wasn't busy enough and maintaining his Georgia blog, he also produces the Tablet PC Lawyer Blog, which I frequently visit. Take a look at both of his blogs when you can.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

How Much Would Your Child Support Be?

2008-09-03T08:41:44-07:00

AllLaw.com has a nice little on-line California child support calculator on its website. Admittedly the AllLaw calculator is not as sophisticated as those used by the California Courts and California lawyers, but it is sufficient to give you a "ballpark" idea of what you might be looking at. Check it out by clicking here.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

MyFamilyLaw.com

2008-08-25T09:04:27-07:00

I am always on the look out for useful and informative family law websites that can help legal consumers. I have found a gem in MyFamilyLaw.com! MyFamilyLaw is an online reference and resource for marriage, divorce, prenups, custody, and all related national and local family law tools and resources. We publish new information every week, review books, and answer frequently asked questions in the Library to help our community navigate the complicated labrynth we call family law.
MyFamilyLaw is designed not only to answer whatever questions you may have about your particular family law related situation, our goal is to enable you to find the information you need quickly and easily. Click here for a visit.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Actor Chris Kattan Calls It Quits On His 6 Week Marriage

2008-08-25T09:00:10-07:00

Comedy actor and Saturday Night Live alum Chris Kattan has pulled the plug on his 6 week marriage to model Sunshine Tutt. Click here for more.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Meet the Justices of the California Supreme Court

2008-08-04T10:43:00-07:00

When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court. That being the case Californians should know who their Supreme Court Justices are. One by one I am going to cut and paste the profiles for each justice, as they appear on the Court's official website. Today we feature Chief Justice Ronald M. George.

Chief Justice Ronald M. George

JUDICIAL POSITIONS AND ASSIGNMENTS

Supreme Court of California: appointed on July 29, 1991, by Governor Pete Wilson, confirmed by the Commission on Judicial Appointments on September 3, 1991, oath same day; elected November 8, 1994, to full term; appointed as 27th Chief Justice of California on March 28, 1996, confirmed by the Commission on Judicial Appointments on May 1, 1996, oath same day; elected November 3, 1998, to full term.

Court of Appeal: appointed on July 23, 1987, by Governor George Deukmejian, confirmed by the Commission on Judicial Appointments on August 27, 1987, oath same day; elected November 6, 1990, to balance of term.

Los Angeles Superior Court: appointed on December 23, 1977, by Governor Edmund Brown, Jr. (and elected without opposition to six-year terms in 1978 and 1984); felony trials including the pretrial and trial proceedings in the Hillside Strangler case (People v. Angelo Buono) (1981-83); Supervising Judge in charge of the Criminal Division (1983-84); civil trials and civil settlement panel (1985-87).

Los Angeles Municipal Court: appointed April 20, 1972, by Governor Ronald Reagan (and elected without opposition to six-year term in 1976); Supervising Judge in charge of the Criminal Division (1977); Supervising Judge in charge of the West Los Angeles Branch (1974-75).

JUDICIAL ACTIVITIES AND ASSOCIATIONS

Chair, California Judicial Council (1996-__); other Judicial Council activities: Member (1989-1991, 1993-96); Chair, Advisory Committee to Implement the Gender Fairness Proposals (1991-94); Chair, Subcommittee on Gender Bias in the Courts (1991-94); Chair, Task Force on Voir Dire and Judicial Council Advisory Committee on Voir Dire (1988); Co-Chair, California State-Federal Judicial Council (1996-__)

President, Conference of Chief Justices (2003-04)

Chair, Board of Directors, National Center for State Courts (2003-04)

Member, Steering Committee of the Georgetown University Law Center's Sandra Day O'Connor Project on the State of the Judiciary (2007-____)

Member, Committee on Rules of Practice and Procedure of the Judicial Conference of the U.S. (2006-___)

Member, Committee on Federal-State Jurisdiction of the Judicial Conference of the U.S. (1999-2002)

Member, Anglo-American Legal Exchange, U.S. State Dept. Program (1999-2000)

Member, Governor's Com'sn on Building Calif. for the 21st Century (1999-2002)

Member, Committee on Continuing Appellate Education of the American Bar Association's Judicial Administration Division (1993-1996)

President, California Judges Association (1982-83)

Los Angeles Countywide Criminal Justice Coordinating Committee (Chairman pro tem 1984, member 1983)

Judicial Commission on Crime Victims, member, appointed by Attorney General George Deukmejian (1980-82)

Los Angeles Superior Court Committee on Standard Jury Instructions—Criminal (CALJIC) (member 1977-1987)

Lecturer at numerous judicial education programs, law schools, bar associations, news media seminars, law enforcement agencies, including American Bar Association Appellate Judges Seminar Series, California State-Federal Judicial Council Capital Case Symposium, San Diego Law Library Justice Foundation, Criminal Justice Legal Foundation, 2020 Vision Symposium on the Future of California's Courts, Annual Meetings of Calif. Judges Association, Annual Meeting of Calif. District Attorneys' Association, Los Angeles County Bar Association, U.S.C. Legion Lex, Calif. Law Enforcement Warrant Officers' Association, Calif. Judicial College, Calif. Continuing Judicial Studies Program, Calif. Superior Court Criminal Law & Procedure Institute, Calif. Institute for Trial Advocacy Skills (Univ. So. Calif. Law Center), U.C.L.A. Law School Moot Court and Mock Trial Programs, Constitutional Rights Foundation

Author, Justice William J. Brennan Lecture on State Courts and Social Justice at New York University School of Law, Challenges Facing an Independent Judiciary, 80 N.Y.U. L.Rev. 1345 (2005)

Author, 1985, 1986, 1987 and 1988 California Criminal Trial Judges' Benchbook, and 1985, 1986, 1987 and 1988 Calif. Criminal Trial Judges' Deskbook (West Publishing Co.)

Author, Benchblotter: Common Crimes and Punishments (published by L.A. Daily Journal, 1985-1987)

Author, Determinate Sentencing Manual (published by L.A. Daily Journal, 1987)

Co-Author, Calif. Judicial Retirement Handbook (Calif. Judges' Association) (3rd & 4th editions)

Project Safer California, Member (appointed by Governor Ronald Reagan), Advisory Committee on Special Problems in the Judicial Process (1974)

Member: American Bar Association, American Judicature Society

JUDICIAL HONORS

2007 - American Bar Association's John Marshall Award

2007 - Legal Writing Institute's Golden Pen Award

2007 - American College of Trial Lawyers Samuel Gates Award

2006 - American Judicature Society's Opperman Award for Judicial Excellence

2006 - "Justice of the Year" Award—Consumer Attorneys of California

2006 - "Justice of the Year" Award—San Francisco Trial Lawyers Association

2006 - Burton Reform in Law Award

2006 - Ronald M. George Equal Justice Award, Central California Legal Services

2006 - Los Angeles Inner City Law Center's Humanitarian Award

2006 - Mathew O. Tobriner Public Service Award, Legal Aid Society of San Francisco

2006 - Children's Advocacy Award, Los Angeles Legal Services for Children

2005 - State Bar of California's Bernard Witkin Medal

2005 - Foster Care Awareness Campaign Recognition

2004 - Public Counsel's William O. Douglas Award

2003 - George Moscone Award for Outstanding Public Service, Consumer Attorneys of Los Angeles

2003 - James Madison Freedom of Information Award, Society of Professional Journalists

2002 - William H. Rehnquist Award for Judicial Excellence

2001 - Legal Aid Foundation of Los Angeles Maynard Toll Award for Distinguished Public Service

2000 - Foundation of the State Bar's Justice Award

2000 - Judge Learned Hand Award

1998 - American Judicature Society's Herbert Harley Award ("for services in promoting the effective administration of justice")

1998 - Los Angeles County Barristers' Special Recognition

1997 - President's Award, State Association of Counties

1997 - St. Thomas More Medallion Award "for outstanding moral, intellectual, and professional contributions to the law and society," presented by the St. Thomas More Law Honor Society

1997 - "Justice of the Year" Award—Consumer Attorneys of California

1996 - "Person of the Year" Award—Los Angeles Metropolitan News

1996 - Commission on Judicial Nominees Evaluation of the State Bar of California, unanimously ranked "exceptionally well qualified" (highest possible rating) for appointment as Chief Justice

1991 - "Appellate Justice of the Year" Award—Los Angeles Trial Lawyers Association

1983 - "Trial Judge of the Year" Award—Los Angeles Metropolitan News

1981 - Recipient, President's Cup of the California Judges Association (as the judge who did the most for the California judiciary during the year)

EXPERIENCE AS DEPUTY ATTORNEY GENERAL IN CALIFORNIA DEPARTMENT OF JUSTICE (1965-1972)

Before the California Supreme Court representing the State of California in 11 cases in oral arguments and preparation of briefs, including People v. Anderson (1972) 6 Cal.3d 628 [100 Cal.Rptr. 152] (which invalidated the death penalty under the California Constitution's cruel or unusual punishment clause), and People v. Sirhan Sirhan (1972) 7 Cal.3d 710 [102 Cal.Rptr. 385] (involving assassination of Senator Robert Kennedy)

Before the U.S. Court of Appeals (Ninth Circuit), U.S. District Court, and California Courts of Appeal, oral argument and briefs in excess of 100 appeals and writs

Numerous trials and investigations

Before the U. S. Supreme Court, six oral arguments and preparation of briefs:

      Chimel v. California (1969) 395 U.S. 752
      (scope of search incident to arrest)

      Hill v. California (1971) 401 U.S. 797 (argued twice)
      (search incident to mistaken arrest)

      McGautha v. California (1971) 402 U.S. 183
      (constitutionality of jury punishment-determination procedures in capital cases)

      Aikens v. California (1972) 406 U.S. 813
      (initially the lead case on constitutionality of death penalty as decided in Furman v. Georgia (1972) 408 U.S. 238, until rendered moot by the California Supreme Court decision in People v. Anderson (above) invalidating the death penalty)

      Kirby v. Illinois (1972) 406 U.S. 682
      (argued as amicus curiae by special leave of the court) (limiting right to counsel at police lineups)

Administrative Assistant in charge of the Los Angeles Office of the Attorney General (1971) (supervision of 110 attorneys and 200 stenographic and clerical personnel)
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Stupid Parent Tricks!

2008-07-28T12:16:03-07:00

Thanks to divorcemag.com for posting an insightful article on mistakes parents make during divorce (and based on surveys conducted by the American Academy of Matrimonial Lawyers). This is a great, concise, right-on article for family law lawyers and parents engaged in divorce. Please click here to read the entire piece.
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

John Harding is named to 5th consecutive list of Super Lawyers for Northern California.

2008-07-11T11:51:51-07:00

For the fifth year in a row John Harding has been named to the “Northern California Super Lawyers” list.   This list presents Northern California's top lawyers as chosen by their peers and through the independent research of Law & Politics. The list of 2008 Northern California Super Lawyers is based on surveys of more than 56,000 lawyers across the northern part of the state. The Super Lawyers list reflects the top 5 percent of Northern California attorneys. The results are also published in San Francisco Magazine.

Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.

Dating After Divorce: 50 Tips to Get Back into the Groove

2008-06-16T09:25:21-07:00

Alisa Miller writes: Divorce can leave you reeling, but when you start to pick up the pieces of your life and decide to move back into dating, it can feel a bit strange. If you were married for a long time, you may even feel too intimidated to try dating again. Have no worries, you can jump back into dating and actually enjoy finding out about yourself and meeting other people in the process. The following list offers ideas on how to get prepared for dating, how to go about reconnecting and finding dates, and what to do when you actually start dating. Click here for the entirety of her very useful article, as it appears on Nerds Do It Better, a blog on dating and relationship tips for real people..
Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more information on California family law.