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HISPANIC BAR ASSOCIATION

ORANGE COUNTY


News

  • 25 Jun 2018 10:28 PM | OCHBA Administrator (Administrator)

    On May 24, the council acted on 88 forms for a September 1, 2018, effective date. For meeting materials, please visit the council’s meeting page at http://www.courts.ca.gov/jcmeetings.htm.
     
    Due to the size of the file, we have to transfer them via FTP:
     
    To access the SFTP site using Internet Explorer, open your internet browser and then proceed with the following steps:
     
    Go to https://ftp.jud.ca.gov/.
    The login box for the SFTP site will appear.
    Type in the user name: publishers.
    Type in the password: jcforms.
    Click on files to be downloaded, select “Save Target As.”
    Select location for file and click OK.
     
    If the page does not appear or does not appear correctly, you may need to refresh the page, depending on your browser and/or network settings, as well as check your firewall settings.
     
    To access the SFTP site using Chrome, Firefox or Microsoft Edge, open your internet browser and then proceed with the following steps:
     
    Go to ftp://ftp.jud.ca.gov/ OR https://ftp.jud.ca.gov/
    The login box for the SFTP site will appear.
    Type in the user name: publishers.
    Type in the password: jcforms.
    Click on the files to be downloaded.
    Open files from pop-up box on the screen.
     
    If the page does not appear, you may need to refresh the page, depending on your browser and/or network settings, as well as check your firewall settings.

  • 22 Jun 2018 10:07 PM | OCHBA Administrator (Administrator)

    We have received feedback about the issues raised in the following public comment item, and are sensitive to the fact that it may have a different impact on diverse constituencies, including those that you serve. Public comment on this item is open until July 31.
    http://www.calbar.ca.gov/About-Us/Our-Mission/Protecting-the-Public/Public-Comment/Public-Comment-Archives/2018-Public-Comment/Proposed-State-Bar-of-California-Policy-regarding-Consumer-Notices-and-Alerts
     
    All current State Bar public comment items: http://www.calbar.ca.gov/About-Us/Our-Mission/Protecting-the-Public/Public-Comment
     
    Please also note that the State Bar holds monthly calls for Executive Directors and Board Presidents of bar associations in the state and we encourage you to join these. The next call is Thursday, June 28, at 9am.

  • 22 Jun 2018 3:33 PM | OCHBA Administrator (Administrator)

    Newport Beach, CA - The Hispanic Bar Association of Orange County (HBA) joins the many bar organizations around the Country who were outraged at the recent separation of children from their families at the United States border. Thankfully, thousands across the nation acted. They spoke out. They shared posts on social media at "viral" speed to raise awareness. They phoned and wrote their legislators. Amid that outcry, President Trump signed an Executive Order meant to end the separation of families at the border. However small, it was a victory for those who acted.
     
    Regrettably, there is much more work to be done. The new Order simply replaces one bad policy with another. Instead of separating immigrant children from their parents, government agencies will indefinitely "detain" them with their family. Removal proceedings in these matters can take months or even years. The net result: minors will be imprisoned as the wheels of justice slowly turn. This is contrary to the basic core values of a nation built upon freedom and due process.
     
    This Order also fails to provide a plan or solution for the more than 2,000 children who have been and continue to be separated from their families. These children are housed in temporary shelters, often traumatized by their separation from their family in a foreign country. Worse, it is incompatible with the 1997 Flores Agreement (generally required the release of children from detention without unnecessary delay to parents or other family, and placement in the least restrictive setting appropriate to age and need while detained).
     
    This misguided "zero tolerance" policy has created a human rights crisis in our country. With full knowledge of the consequences, this Administration reportedly believes that family separation should be used as an immigration deterrent. That is unacceptable.
     
    Yet, the detention-center practice and its many related problems did not originate with this Administration. To be blunt, legislators and past administrations have utterly failed to adequately address these issues, for years.
     
    Now is the time for action.
     
    The HBA urges this President and leaders in this Senate and Congress, to act immediately. We join the call for the appropriate agencies to immediately:

    1. end detention for families who have not been deemed a flight or security risk;
    2. establish clear visitation guidelines that afford family, friends, and independent observers to visit and monitor conditions in detention facilities; and
    3. provide the right to free legal counsel for all immigration detainees (who are being treated essentially the same as criminal defendants who would be constitutionally entitled to an attorney).

    The HBA will act as well. Our members are urgently exploring avenues to assist detained minors at the southern border in whatever ways possible. For more information and to see how you can help, contact: info@ochba.org.
     
    -Hispanic Bar Association of Orange County

    About The Hispanic Bar Association of Orange County: The Hispanic Bar Association of Orange County promotes education, unity, and excellence in the Hispanic legal community by expanding the business and professional opportunities available to its members, enhancing the members' business and professional stature in the Hispanic community, increasing the participation of Hispanic leaders in civic affairs and enhancing the quality of life for the members and the community.

    For more information please visit www.ochba.org.

  • 08 Jun 2018 10:20 AM | OCHBA Administrator (Administrator)

    http://americanbar.online/campaigns/join/index.html

  • 05 Jun 2018 10:17 PM | OCHBA Administrator (Administrator)

    Guillermo M. Tello has joined LeClairRyan as a partner of the firm’s labor and employment team. He is resident in the national law firm’s Los Angeles office.

    Tello is experienced in representing clients in both litigation and in providing advice and counsel. His litigation experience ranges from single plaintiff actions to multi-party complex actions, as well as class and representative actions.

    Matters handled by Tello include employment claims of wrongful termination, harassment, discrimination, wage and hour and prevailing wage disputes. He also counsels clients on day to day California employment law issues, provides training and legal support to human resources, and also assists clients in implementing new policies and procedure including alternative workweek schedules. Additionally, Tello has substantial experience handling business and commercial litigation, construction disputes, and matters in defense of public entities.

    Tello is actively involved in the local legal and business community. He has served as the CFO and Vice President of the Orange County Hispanic Bar Association and continues to serve on the Judicial Evaluations and Scholarships committees. He is also actively involved in the Orange County Hispanic Chamber of Commerce.

    A graduate of the University of La Verne (B.A.) and Western State College of Law (J.D.), Tello is admitted in California.

    About LeClairRyan
    As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses. With offices from coast to coast, the firm represents a wide variety of clients nationwide. For more information about LeClairRyan, visit www.leclairryan.com.

    Guillermo M. Tello
    725 S. Figueroa Street
    Suite 350
    Los Angeles, CA 90017
    Phone
    213.337.3230
    Email
    guillermo.tello@leclairryan.com
    Read My Bio

  • 29 May 2018 11:35 PM | OCHBA Administrator (Administrator)

    Rule 9.9.5.      Attorney Fingerprinting

     

    (a)     Subsequent arrest notification

     

    (1)     The State Bar must enter into a contract with the California Department of Justice for subsequent arrest notification services for attorneys whose license is on active status with the State Bar (“active licensed attorneys”) and attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court (“special admissions attorneys”).

     

    (2)     The State Bar must consider those active licensed attorneys and special admissions attorneys for whom it is already receiving subsequent arrest notification services as having satisfied the fingerprinting requirement of this rule and thereby exempt.  The State Bar must adopt a procedure for notification of all attorneys as to whether they have been deemed to have already satisfied the requirement.

     

    (b)     Active licensed attorneys

     

    Each active licensed attorney, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

     

    (c)     Inactive licensed attorneys

     

    An attorney whose license is on inactive status with the State Bar (“inactive licensed attorneys”), with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted prior to being placed on active status for the purposes described in (b) of this rule.

     

    (d)     Active licensed attorneys in foreign countries

     

    Active licensed attorneys who are residing outside the United States and required to submit fingerprints under this rule should have their fingerprints taken by a licensed fingerprinting service agency and submit the hard copy fingerprint card to the State Bar.  If fingerprinting services are not provided in the jurisdiction where the attorney is physically located, or the attorney is able to provide evidence that he/she is unable to access or afford such services, the attorney must notify the State Bar pursuant to the procedure identified by the State Bar.  The attorney will be exempt from providing fingerprints until he or she returns to the United States for a period of not less than 60 days.
    •  

    (e)     Special admissions attorneys

     

    Attorneys permitted to practice in the State of California pursuant to rules 9.44, 9.45, and 9.46 of the California Rules of Court, with the exception of those attorneys specifically exempt under (a)(2) of this rule, must, pursuant to the procedure identified by the State Bar, be fingerprinted for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests from the Department of Justice and the Federal Bureau of Investigation.  These fingerprints will be retained by the Department of Justice for the limited purpose of subsequent arrest notification.

     

    (f)      Implementation schedule and penalty for noncompliance

     

    (1)     The State Bar must develop a schedule for implementation that requires all attorneys subject to fingerprinting under (b) of this rule to be fingerprinted by December 1, 2019.  The State Bar must develop a schedule for implementation that requires all special admissions attorneys subject to fingerprinting under (e) of this rule to be fingerprinted by the renewal of their application to practice law in the State of California.

     

    (2)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019 for attorneys for whom it is not receiving subsequent arrest notification services and for attorneys transferring to active status.  Failure to be fingerprinted if required by this rule may result in involuntary inactive enrollment pursuant to Business and Professions Code section 6054, subdivision (d).

     

    (3)     The State Bar has ongoing authority to require submission of fingerprints after December 1, 2019, for special admissions attorneys for whom it is not receiving subsequent arrest notification services.  Failure to be fingerprinted if required may result in a State Bar determination that the attorney cease providing legal services in California.

     

    (g)     Information obtained by fingerprint submission; disclosure limitations

     

    Any information obtained by the State Bar as a result of fingerprint submission under this rule must be kept confidential and used solely for State Bar licensing and regulatory purposes.

     

    (h)     Fingerprint submission and processing costs

     

    (1)     Except as described in (h)(2), all costs incurred for the processing of fingerprints for the State Bar, including print furnishing and encoding, as required by Business and Professions Code section 6054, must be borne by the licensed attorney or special admissions attorney.

     

    (2)     The State Bar must develop procedures for granting waivers of the processing costs of running Department of Justice and Federal Bureau of Investigation background checks for licensed attorneys with demonstrable financial hardship.

     

    (i)      Attorneys who are physically unable to be fingerprinted

     

    (1)     If the Department of Justice makes a determination pursuant to Penal Code section 11105.7 that any attorney required to be fingerprinted under this rule is presently unable to provide legible fingerprints, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.
    •  
    (2)     Attorneys required to be fingerprinted under this rule may also submit notification to the State Bar that they are unable to submit fingerprints due to disability, illness, accident, or other circumstances beyond their control.  The State Bar must evaluate the notification and may require additional evidence.  If the State Bar determines that the attorney is unable to submit fingerprints based on the information provided, the attorney will be deemed to have complied with the fingerprinting requirements of this rule.
    •  
    (3)     A determination of deemed compliance under (i)(1) and (i)(2) will apply only to those attorneys who are unable to supply legible fingerprints due to disability, illness, accident, or other circumstances beyond their control and will not apply to attorneys who are unable to provide fingerprints because of actions they have taken to avoid submitting their fingerprints.

     

     

  • 29 May 2018 11:28 PM | OCHBA Administrator (Administrator)

    June 7 from 5:00pm to 9:00pm

    1851 East 1st Street, Suite 1600 Santa Ana, CA 92705  

    Welcoming: Hon. Frederick P. Aguirre, Ret., Hon. Thierry P. Colaw, Ret., Ed Fernandez, Esq., Hon. Steven Perk, Ret., and Hon. Clay Smith, Ret.
    RSVP to susi@judicatewest.com.
  • 29 May 2018 8:21 PM | OCHBA Administrator (Administrator)

    Invitation to Apply for OCBA

    Board of Directors &

    Office of Secretary 

    Qualified individuals are now being sought to run for open seats on the Orange County Bar Association’s Board of Directors for three-year terms beginning January 1, 2019. 

    Nominations are being accepted for three seats for Directors At Large. All active attorney OCBA members are eligible to run for the Director At Large seats on the Board, regardless of the location of their principal office.

    Nominations are also being accepted for the Office of Secretary. The individual elected as Secretary will serve a one-year term in that office beginning January 1, 2019. This is a multi-year commitment. Following their year as Secretary, the individual will be expected to continue to serve on the Executive Committee in the following capacities: Treasurer (2020), President-Elect (2021), President (2022), and Immediate Past President (2023).

    Applications should be submitted to the OCBA Nominating Committee, c/o OCBA, P.O. Box 6130, Newport Beach, CA  92658 or e-mailed to mocampo@ocbar.org. All nominations must be received no later than 5:00 p.m. on Monday, June 25, 2018. The application form is attached and is also available online at www.ocbar.org. The Nominating Committee, chaired by President-Elect Deirdre Kelly, will meet in July to select the slate of candidates for the OCBA election in the fall.

    Deadline:  All nominations must be received by 5:00 p.m., Monday, June 25, 2018

    DOWNLOAD FORM

  • 29 May 2018 11:23 AM | OCHBA Administrator (Administrator)

    Comments sought:
     
    The Advisory Committee on Criminal Jury Instructions has approved and posted for public comment the latest cycle of proposed revisions, additions, and deletions to the criminal jury instructions (CALCRIM). The committee is very interested in your input.
     
    The proposed changes are at this link:   http://www.courts.ca.gov/policyadmin-invitationstocomment.htm. Only these currently proposed changes and additions are being submitted for comment at this time. We will gladly accept other comments, but the committee will not be able to consider them until the next release cycle.
     
    Our preferred way of receiving your comments is in a Word file attached to an e-mail sent to kara.portnow@jud.ca.gov. However, you may also respond online.  And we have also posted a comment form that you may use to comment on individual instruction or groups of instructions. Please do NOT comment by Reply All to this e-mail.
     
    Comments by letter should be sent to:
     
    Ms. Kara Portnow, Attorney
    Judicial Council of California
    Advisory Committee on Criminal Jury Instructions
    455 Golden Gate Avenue
    San Francisco, CA 94102
     
    The deadline for receiving comments is Friday, June 22, 2018 at 5:00 p.m.
    The committee will review all comments and make recommendations to the Judicial Council's Rules and Projects Committee and then to the full council. Comments received will become part of the public record of the council's action.
     
    When submitting comments, please:
    Indicate whether you agree with the proposal, would agree with the proposal if it is modified, or do not agree with the proposal.
    Clearly identify the specific language in the instruction that you are commenting on.
    Suggest alternative language, if appropriate.
    Provide any applicable authority for your position.
     
    We encourage your comments and critique because they help us refine both the particular instructions and the more global choices about format and approach.  We appreciate your participation in this effort.
     
    On behalf of the Advisory Committee on Criminal Jury Instructions
    Hon. René Auguste Chouteau, Chair
     
    Kara Portnow, Staff Attorney: Advisory Committee on Criminal Jury Instructions
    Legal Services | Leadership Services Division
    Judicial Council of California
    455 Golden Gate Avenue, San Francisco, CA 94102-3688
    415-865-4961 kara.portnow@jud.ca.gov | www.courts.ca.gov

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