LDAs & Legislation

We have all experienced difficulty of some degree during the LDA registration process. I have encountered staff at the County Clerks' offices who have no knowledge of the LDA registration processes, or even just what an LDA is. I learned early on in my LDA entrepreneurial ventures that it was prudent to take copies of the code with me when I performed registration so that I could easily refer to actual language of the law rather than any one person's, or agency's interpretation. Today, I was refused an LDA employee card by my local County Clerk's office.

The explanation: In 2009, AB620 was chartered and it removed or changed, among other things, the allowance of employee cards and contained other provisions concerning LDAs, Professional Photocopiers, Process Servers and Immigration Consultants. When the clerk mentioned the 2009 bill I was floored. How come I did not know of this in 2009? Talk about being late!

Admittedly, I was not ALDAP's Director of Legislation during 2009, but I do believe I stay current with legislation affecting our profession. I argued my point with the clerk but she remained steadfast, and she then read me the language of the bill. I thanked her and then began my own investigation as I was completely shocked that this would have slid by my nightly bedtime reading of legislation.

My investigation proved that in 2009 a bill was chartered decreasing the minimum size of the LDA registration card. The bill also created changes to the cards of the other professions listed above, and changed a bit of County Recorder business, but DID NOT change the allowance and requirements for LDA employee cards. Those statutory provisions remain in CA B&P Code section 6405.

I called my favorite clerk and explained that the bill as chartered did contain language decreasing the minimum dimensions of the registration card but that the removal of language concerning allowance of employee LDA cards had itself been deleted from the final version of the bill. We agreed that her informational materials required update and I thanked her for her time.

ALDAP caught and implemented deletion of prohibitive language in AB 590 four days prior to the last day to amend - a late discovery. We need to review all legislation, not just that having to do with 6400 et seq. AB 590 had nothing at all to do with LDAs, but was a Civil Access to Justice Bill. And yet, contrary language concerning our profession was included in its text. I remember saying this back on August 26, 2009 and today's "rush" to the codes was a gentle reminder. We must watchdog legislation in order to protect ourselves and the consumers we serve.

AB1208 "The Trial Court's Rights Act of 2011."

The Alliance of California Judges is a group challenging the authority of California's judicial leadership. The group of 300 to 400 judges is basically taking the Judicial Council and the Association of Courts (AOC) to task. Their main concern? That the AOC and Judicial Council have overtaken the courts and are acting in self-interest rather than in the interest of the community. An example? The planning and installation of the court's "centralized" computer system allowing court users to log in and check case status and which is currently functioning in only 7 of California's 58 counties.

The Alliance points out that among other issues, the computer system is one of the biggest mistakes of the administration, a $330 million mistake with projections that the cost will increase to $1.9 billion before the project is finalized. This is while the courts are laying off and furloughing employees and closing its doors during business hours to save money.

This computer system was envisioned ten years ago and spearheaded by former Chief Justice Ron George as bringing nation's largest court system into the 21st century by linking every courthouse in the state’s 58 counties.

In a March 12, 2011 New York Times article, Judge Steve White of the Sacramento County Superior Court was quoted as saying, “The idea of having all of the courts connected through a case-management system is appealing in the abstract — all of us favor the concept.” Judge White (the leader of the Alliance) went on to say, “But that has turned into an ill-conceived, mismanaged and failed experiment. It simply has not worked.”

The computer system coupled with other missteps and mistakes of the AOC has the Alliance up in arms and ready for a fight. The Alliance would like for the judges and court personnel to gain more control over its own budget and use of funds thereby effectuating a balance in power. Many judges expressed concern that giving unfettered power to the Judicial Council and the AOC would erode the ability of the courts to respond to the needs of local communities and would foster a centralized bureaucracy, whose chief goal would be to serve itself.

The Alliance feels that these concerns have been proven. It is now sponsoring AB1208, "The Trial Court's Rights Act of 2011." This bill clarifies the powers and responsibilities of the Judicial Council, AOC and the 58 trial courts.

The bill would provide that, except as otherwise provided by law, all funds allocated for trial court operations, once appropriated, shall be fully allocated among the trial courts, and that no deductions shall take place without the consent of the affected courts. The bill would authorize each trial court to move funds, once budgeted and allocated, between functions or line items or programs as directed by that court's trial court management.

The bill would require the trial court management's written consent to impose, implement, or share any case or accounting information system, or to contribute any portion of the trial court's budget to a statewide information system, or to undertake the construction of a court facility in that county. The bill would require the Judicial Council to consider, and revise or adopt, rules and policies consistent with these provisions.

Sunshine Week at McGeorge School of Law

Open Government
What Does This Mean and Why Should You Care?

Without open government we wouldn’t know about the issues occurring with our city and state government. With open government we keep informed and we can make educated decisions on matters of interest to each of us. Recent events in California demonstrate the importance of open government.

By filing petitions under the California Public Records Act, the Sacramento Bee and the Los Angeles Times exposed information that would not have come to light otherwise. For example, the sprinklers being turned off during the Westfield Galleria fire in Roseville, and the exorbitant salaries and compensation paid to the Bell city government employees – all information that should be accessible because of open government.

On March 23, all individuals interested in learning more about open government and their role in assuring that government information is open to the general public will be gathering at Pacific McGeorge School of Law in Sacramento.

Thomas W. Newton of the California Newspaper Publishers Association and Prof. John Cary Sims of Pacific McGeorge School of Law will be discussing open government during the Sacramento-Area “Sunshine Week” event at McGeorge School of Law on March 23, 2011, sponsored by Northern California library groups and the League of Women Voters of Sacramento County. Taking place after the national Sunshine Week, this local event will feature a panel discussion and will allow audience members to view the national Sunshine Week web-cast sponsored by the American Society of News Editors. The general public is invited to discuss open government issues with the panel and area librarians.
You may view a PDF version of our tri-fold brochure at: http://is.gd/oc2PlY


Registration will be $20.00 / Students: $15.00.
Registration includes a continental breakfast & boxed lunch.
Register online
Registration deadline is March 20, 2011.


When:
Wednesday, March 23, 2011
8:30 am -1:30 pm
Where: Pacific McGeorge School of Law, Classroom D
3285 Fifth Avenue
(NW corner of 5th Ave & 33rd St)
Sacramento, CA 95817
Parking is free.

San Diego County Public Law Library Offers Free MCLE

F-r-e-e MCLE March 17, 2011

Upside Down House, in Debt, Oh My!


This week The San Diego County Public Law Library - South Branch is offering a fabulous class on debtors’ rights at our South Bay branch. Learn what options debtors have when dealing with a house that is upside down and how to evaluate the best approach. In this class we will explore options for loan modification, short sale, foreclosure, bankruptcy and litigation.

The class is free to Law Library members and $5 for non-members. Pre-registration is required as seating is limited. Please sign up by calling (619) 691-4929.

Foreclosure, Bankruptcy and Litigation: Understand your Rights!
by Ajay Gupta, Esq.
Thursday, March 17, 2011
12:00 -1:00 pm

1 hour MCLE credit, General Participatory

Sacramento County Public Law Library Offers MCLE

Microsoft® EXCEL 2007 for
Legal Professionals: PART B:
Large Worksheets, Charts/Graphs and Advanced Formulas & Functions

April 1, 2011 (Friday) 1:30pm to 4:00pm
Instructor: Cheri Boyer

This 2.5 hour advanced course will cover the more sophisticated features found in Excel 2007. You will learn how to link pages in worksheets, create charts and graphs, and how to work with advanced functions and formulas to help calculate values for settlement offers, outline damages, and even generate potential business deals.

2.5 hours MCLE credit Register online

Sacramento County Public Law Library Offers Course on Intellectual Property

Ins & Outs of Intellectual Property Law

March 30, 2011 2:00 PM to 4:00 PM
Instructor: Jim H. Salter, L O of Jim H. Salter

Intellectual property is a property right protected under federal and state law. IP includes copyrightable works, ideas, discoveries, and inventions related to intangible property such as patents, trademarks, copyrights, and trade secrets.
Jim H. Salter, expert witness and litigation support counsel, will address legal issues surrounding the rights of ownership of patents, trade secrets, trade dress, service marks or trademarks, and the legal or illegal use of this property.

2-hours MCLE credit Register HERE: $55.00

Use your MasterCard® or VISA® to register online at www.saclaw.org. Parking validation available for the City of Sacramento two-story parking structure, entrance on G Street & 7th. Bring your parking receipt and we will validate for time spent in this class.

Sacramento County Public Law Library Offers 2 Hours MCLE

Legal Forms and Pleadings

"How To"

March 16, 2011 (Wednesday) 2:00 pm to 4:00 pm

Instructors: SCPLL Law Librarians

This hands-on computer course will cover preparation of pleadings and other legal forms, and will demonstrate how you can locate these resources in the Sacramento County Public Law Library.

2 hours MCLE credit $30.00 Register at www.saclaw.org