Alameda County Superior Court’s Upcoming Reorganization – From ACBA

changes-to-the-court-artwork_ACSuperiorFrom the Alameda County Bar Association’s ACBA News.

Top 10 Things to Know About the Upcoming Court Reorganization

Assistant Presiding Judge Morris Jacobson held a Town Hall Meeting at the ACBA on August 19th to introduce his vision for reorganizing the Superior Court of California, County of Alameda. By the time the Court completes transition in the middle of 2017, there will be a number of changes.

We’ve compiled a list below of the top 10 things to know (so far) about the Court’s upcoming reorganization for those who were unable to attend.

10. The East County Hall of Justice (ECHOJ) will be opening in the spring of 2017, and there will be net gain of 8 courtrooms in the East County.

9. All family law departments will be consolidated in Hayward.

8. All unlawful detainer matters will be handled in Hayward – from motion practice through trial.

7. Probate ultimately will be merged with the “Miscellaneous Civil” group, and will be heard in Hayward.

6. The Self Help Center will be consolidated in Hayward, and will no longer have satellite offices in other courthouses.

5. Free-standing Domestic Violence Restraining Orders will ultimately be merged into the Miscellaneous Civil group.

4. The Court is increasing the resources dedicated to settlement, and creating a new standalone settlement unit, with two thirds of the workload coming from civil, and one third from family.

3. Criminal matters will be concentrated in four courthouses:
• Felonies: Rene C. Davidson and ECHOJ
• Misdemeanors: Wiley Manual and Fremont

2. Details are still being hammered out, come to the upcoming town hall meetings (listed below) to learn more and give feedback.

1. The Court is making do with 70%of the budget and staff that it had six or seven years ago, and is trying to respond to that situation, as well as to streamline court services for the public and attorneys.

Want to know more? Assistant Presiding Judge Morris Jacobson is holding several town hall style meetings to share the plan, and hear your feedback. These meetings are free of charge, but RSVPs are required.

Upcoming Town Hall Meetings:

  • Criminal Defense (Rene C. Davidson Courthouse, Department 1A) – September 2nd at 12:30 p.m. RSVP here
  • Criminal Defense (Hayward Hall of Justice, Department 511) – September 3rd at 12:30 p.m. RSVP here
  • Probate (Hayward Hall of Justice, Department 511) – September 30th at 12:30 p.m. RSVP here
  • Family Law (Hayward Hall of Justice, Department 511) – October 1st at 12:30 p.m. RSVP here
  • Unlawful Detainer – To be Scheduled

 

SOURCE: https://acbanews.wordpress.com/2015/08/28/top-10-things-to-know-about-the-upcoming-court-reorganization/

 

Wind of Orient – Shukuko Heizen – Art Exhibit – ACLL Oakland –

The Alameda County Law Library will be displaying the work of the artist — Shukuko Heinzen  — at its Oakland location, 125 12th Street, starting on August 31 through October 23, 2015.

The public is welcome to view Ms. Heinzen’s work during library hours:

M/W/F – 8:30 am to 5:45 pm

Tu/Thur – 8:30 am to 8:45 pm

Following is a flyer with information about the artist and her work.

 

wind_orient_flyer

Another Look At HeinOnline – Law Review On-line Repository

HeinOnline — a  repository of law review, classic legal titles, and government publications (1938 edition of Code of Federal Regulations, anyone?) has a new look to its on-line search screens. The page format has been updated into a cleaner, easier to view appearance.heinonline_image

HeinOnline’s Law Journal Library contains more than 2,000 law and law-related periodicals.  For the legal researcher, law review articles are an excellent source for in-depth discussions of legal issues.  For anyone researching federal legislative or regulatory history, HeinOnline is a valuable historical resource of government publications.

Alameda County Law Library  makes HeinOnline available on its public research computers.  The database is also accessible  with a laptop or other device using the library’s wifi when you are at our locations.  Access is through the ACLL legal databases webpage.

One of the most advantageous features of HeinOnline is that it is an image-based database, which means it provides exact page images as they originally appear in hardcopy. Therefore, all charts, graphs, photographs and footnotes appear where they belong.

The New Look

HeinOnline’s publisher has introduced the new interface this month.  Enhancements to the interface include a stationary search bar which is now available on all pages.  The page view is clean and updated, with an enhanced image toolbar:

heinonline_1A new, easily recognizable home button is located at the top left side of all pages in HeinOnline and will return users to the Welcome Page when clicked:

heinonline_2

The table of contents for every document is displayed automatically:

heinonline_toc

 

Citation information is available by clicking the book icon located above the table of contents, the breadcrumb trail continues to be available for easy navigation, and the section being viewed is still highlighted:

heinonline_3

 

 

The Advanced Search toll has six search fields and pre-select titles and a year range:

heinonline_advancesearch

Display of search results is clean and easy to use. Facets remain on the left side of the page and options, such as PDF/Download and MyHein, are neatly grouped on the right:

heinonline_search_results

 

Here is a short guide to help you familiarize yourself with the new research steps –  GettingstartedinHOLnew

Google Scholar and HeinOnline

Google Scholar is indexing the Law Journals in HeinOnline to make the titles searchable in the Google Scholar interface. The indexing is ongoing.

So how does it work? Go to Google Scholar and search for a Law Journal or an article name from within a Law Journal. If the article is available in HeinOnline, it will be included in your search results, like the example below:

heinonline_googlescholar

Clicking on the Google Scholar link within the ACLL wifi area brings up the full-text of the article.

 

 

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How to speak like a (CA) Capitol insider – White & Koseff

state_capitol_image_sactoHow to speak like a (CA) Capitol insider

Legislative history researchers will ask us at the ACLL Reference Desk – “Do you have the bill files — the ones with the “real” information on legislative intent?”  (No, sorry.)  What “really” happens in Sacramento,  stays in Sacramento.  It certainly stays out of the officially published documents to which a public law library has access.

A researcher may be able to locate a bill file or the Governor’s file at the State Archives.  The official Bill analysis for recent sessions is accessible on-line.  You will need a bill number first.  Reports are listed under a tab on the individual bill information screen on the California Legislation Information page. What really went on during negotiations or who was actively pushing for passage of a bill (“stakeholder” as the authors of the article referred to below beautifully define) isn’t easy to establish using the official sources even for recent legislation.

If you want to know what really happens during a legislative session, you need to understand the local patois.  “How to Speak Like a Capitol Insider” is a recent article from the Sacramento Bee byWhite and Koseff give the reader a bit of an insider view of the sausage making legislative process culture in California’s capital.

Personal favorite:

  • Roll (verb): If you get a bill out of committee whose chair opposes it, you have “rolled” the chair. A good way to get kicked off a committee.

Legislative intent

“The collective design or plan that the enacting legislature is posited to have had for the application of a statute to specific situations that might arise. ”  Black’s Law Dictionary (10th ed. 2014)

Legislative intent –  why  a bill was introduced, moved (or not) through the legislature — simple as human nature.

 

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Korematsu v. US: The Injustice of the WWII Japanese Internment

The Northern District (CA) Historical Society will be having a special program:

KOREMATSU v. UNITED STATES: THE WORLD WAR II INCARCERATION OF JAPANESE AMERICANS AND ONE MAN’S QUEST FOR JUSTICE
Monday, September 21, 2015 from 5:00 PM to 6:30 PM (PDT)
Location: Ceremonial Courtroom Federal Building, 19th Floor 450 Golden Gate Avenue,  San Francisco, CA

residents of japanese ancestry waiting Oak Street ca
May 6, 1942 / Residents of Japanese ancestry waiting on Oak Street, Oakland CA for evacuation buses to take them to the Tanforan Assembly Center in San Bruno, under Civilian Exclusion Order No. 28. Photo by Dorothea Lange, War Relocation Authority, National Archives.

After the Japanese bombing of Pearl Harbor in December 1941, rumors spread of a plot by Japanese Americans to sabotage the war effort. In early 1942, President Roosevelt signed Executive Order 9066, forcing all persons of Japanese ancestry—regardless of loyalty or citizenship—to evacuate the West Coast. In one of the most flagrant violations of civil liberties in American history, more than 120,000 Japanese Americans were banished to “internment camps” in seven states. Before departure, many were forced to abandon their property or sell it at a severe loss.

In December 1944, the Supreme Court, in Fred Korematsu v. United States, upheld the legality of the relocation order, although Korematsu’s conviction for evading internment was voided in 1983 on a coram nobis petition heard in the U.S. District Court for the Northern District of California.

Some of the major players from the 1983 case form the panel for this program: the professor who uncovered government documents that led to the reopening of Mr. Korematsu’s case; the lead counsel for Mr. Korematsu; the judge who heard and ruled on the writ of coram nobis; and Mr. Korematsu’s daughter, who co‑founded a civil rights institute in her father’s memory.

Tickets will not be available at the door. For more information, contact the Historical Society Administrator HistoricalSociety@cand.uscourts.gov or (415) 522-4246.

To RSVP and for ticket purchase, click here. (Eventbrite registration.)

Cost: 
• Free to the general public
• $15 for Historical Society members seeking MCLE credit
• $40 for non-members seeking MCLE credit

japanese_ancestry_exclusion_1117oak
May 6, 1942, Oakland, CA/ Part of the Fujikawa family leave the WCCA station at 1117 Oak Street. A social worker directs Sam Fujikawa, his sister and niece to a waiting bus which will take them to the Tanforan (racetrack) Assembly Center in San Bruno. Photo by Dorothea Lange, War Relocation Authority, National ArchivesThe building was later renovated and now houses the Alameda County Law Library.

Text of documents related to the cases:

Toyosaburo Korematsu v. United States, 323 U.S. 214, 65 S.Ct. 193, 89 L.Ed. 194  (1944).
Korematsu v. United States, 584 F.Supp. 1406,  (N.D. Cal. 1984).   Korematsu v US
 http://encyclopedia.densho.org/Civilian_exclusion_orders/
civilian_exclusion_order_28
Notice for Civilian Exclusion Order No. 28. April 30, 1942. Unknown artist. Poster. Collection of Oakland Museum of California. Gift of Henry Madden.

Conflicts of Interest in the Practice of Law: Causes and Cures by Richard E. Flamm

New Title at ACLL

flammScreen-Shot-2015-03-14-at-7.26.39-PMRichard E. Flamm‘s new book –  Conflicts of Interest in the Practice of Law: Causes and Cures has recently been added to the Alameda County Law Library’s collection.

In his book, Mr. Flamm gives an overview of the fundamental principles of conflict of interest law, related statutory law, as well as, the rules of professional conduct.  Subsequent chapters discuss the attorney-client relationships that may present a conflict of interest – favored, former and prospective clients.  The author also covers the more practical aspects of avoiding and handling conflicts.

Mr. Flamm was the speaker at last May’s 17th Annual Bernard E. Witkin Memorial Symposium organized by ACLL. He is one of the nation’s best known authorities on legal and judicial ethics. The former chair of the Ethics Committees for San Francisco and Alameda Counties, Mr. Flamm has a private consultation practice in Berkeley.

Conflicts of Interest in the Practice of Law: Causes and Cures published by Banks & Jordan Law Publishing Co., Berkeley, CA

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