Family Law Section
News from the Section
Webinar on January 11: Family Law Fundamentals: Disclosures
Wednesday, January 11, 2012, 12 noon - 1 p.m. Participation by computer and phone.
1 hour participatory MCLE Credits; 1 hour Legal Specialization credit in Family Law. You must register in advance in order to participate.
The Disclosure forms - the Income and Expense Declaration and Schedule of Assets and Debts - are the cornerstone of the family law case. What must be included in the Preliminary Disclosure? In a Final Disclosure? How specific do my disclosures need to be? Mastering the disclosure process will help you expedite your case and be better prepared for settlement negotiations or trial.
Speakers:
- Jennifer Musika, Walzer & Melcher LLP, Woodland Hills
- Christopher C. Melcher, Walzer & Melcher LLP, Woodland Hills
Family Law Section Executive Committee – Application Deadline 2/1/12
The deadline for submitting an application to serve on the Family Law Section Executive Committee(FLEXCOM) is February 1. FLEXCOM is the body responsible for discharging the Section’s mission of furthering members’ knowledge in all areas of family law. The 17 voting members, along with several advisors, actively advocate for legislation and policy that will better the practice of family law. FLEXCOM members put together the quarterly Family Law News publication and periodic electronic newsletters to keep membership abreast of current family law issues.
Service on FLEXCOM also provides an opportunity to define the Section’s efforts toward continuing education. FLEXCOM helps arrange for regular webinars, conference seminars and presentations during the annual Sections Cyber-Institute. These help FLEXCOM further its twin education goals of keeping section members abreast of current family law topics and offering low-cost MCLE.
FLEXCOM annually convenes on four occasions across the state. These meetings occur in December, March, April and at the State Bar meeting in September. Executive Committee service will also require occasional participation on conference calls.
All family law practitioners able to handle this commitment are encouraged to apply. FLEXCOM will look to fill several vacancies in the upcoming selection process. Those selected to the committee will begin their three year term at the close of the State Bar meeting in September.
The committee application and a discussion on process can be found on the State Bar's Committees and Commissions page. If you have any questions about committee service, please contact FLEXCOM chair Chris Melcher.
Judicial Council Responds to Budget Crisis
Most Family Law practitioners have seen firsthand the impact of the state’s budget crisis on our court system. From fewer bench officers handling family law cases to increasingly long lines to process paperwork, it feels like the family law system has received a blow more crushing than most. The Judicial Council is keenly aware of the impact on not only family law, but the entire court system.
To inform the public of these problems, the Judicial Council has scheduled a series of statewide hearings. The hearings are designed to demonstrate the fundamental function of the courts in our democratic system and explore the effects of budget cuts on court funding and legal assistance. The first hearing took place earlier this month in Sacramento. The next three hearings will take place at 1:00 PM at the locations and dates listed below.
- November 30, Administrative Office of the Courts, 455 Golden Gate Ave., San Francisco.
- December 2, Southwestern Law School, 3050 Wilshire Blvd., Los Angeles
- December 7, UC Irvine Law School, 401 East Peltason Dr., Irvine, CA
For more information on these hearings, please visit www.californiahearings.org or contact Michael Winn.
In addition, the Administrative Office of the Courts is actively seeking information from practitioners to document observations and experiences related to budget cuts. They are specifically asking for information as to how the reductions to the judicial branch have impacted practitioners, their clients and members of the public that access trial court programs. When submitting the information, you should include the following:
- The trial court at which the incident you are describing occurred;
- The type of case you or your client brought before the court;
- The specific reduction in programs or services that impacted you or your client;
- The immediate, subsequent or residual effect that the reduction had on you or your client, and what that means in terms of access to and the delivery of justice; and
- Your contact information should they need to follow up with you on your submission
If you are interested in submitting information, please email Donna Hershkowitz.. She can be reached at 916-323-3121 should you have any questions.
AOC Seeks Help in Preparing Orientation Video
The Administrative Office of the Courts, Center for Families, Children & the Courts, is in the process of developing a new statewide mediation/child custody recommending counseling orientation video. The video will consist of "real" parents and (now adult) children who have been through the process sharing about their experience. They are conducting an active search for potential volunteers for this video.
Given the fact that child custody cases are confidential, the AOC is reaching out to family law professionals who may have worked with clients who went through the family court mediation process. They need your assistance in contacting those you think may be potential participants, informing them about the opportunity and asking them to contact us. They are looking for a diverse group of participants that includes varying case types, ethnic, socioeconomic and cultural backgrounds.
Participants need to meet the following requirements:
- Must be at least 18 years old.
- Must not have an active family law case in California.
- All children who were the subject of mediation/child custody recommending counseling, or who are the product of the union between parties who received these services, will have reached the age of 18 by May 1, 2012.
The AOC will be covering any approved costs associated with participation, however, no stipend or payments are provided. The AOC is looking for volunteers to share their experience and help others.
Please refer any interested participants to:
Kristine Van Dorsten
Senior Court Services Analyst
Family Dispute Resolution Unit, Center for Families, Children & the Courts
415-865-4562
kristine.vandorsten@jud.ca.gov
Register Now for Beyond the Bench XXI
Registration is open for this year's Beyond the Bench conference, "Coming of Age in Tough Times: Building Our Strength Together," being held Dec. 14–16 in San Francisco . In 20 years, Beyond the Bench has grown to become a well attended and highly influential forum for new ideas about improving outcomes for children and families. And now, as the conference comes of age in its 21st year—a very tough year economically—its focus has broadened to include family, juvenile, family violence, mental health, and collaborative court issues. This year, Beyond the Bench will bring together judicial officers, court professionals, social workers, legal services providers, educators, probation officers, youth, and other partners to facilitate multi-disciplinary dialogue, and forge collaborations among courts and partner agencies throughout California . We hope participants will both immerse themselves in the latest information from their own disciplines and explore an array of critical crossover issues. Beyond the Bench 21 promises participants many opportunities for “building our strength together” in these tough times. Click HERE for more information.
Standing Committees - A Great Way to Get Involved
FLEXCOM’s legislative advocacy is informed by a wide variety of sources. This vital policy work could not be conducted without the contributions of the Family Law Section’s various standing committees. Across the state, practitioners in the areas of family law, adoption, financial issues, juvenile dependency and children’s issues gather throughout the year to review pending legislation. The chair of each standing committee later convenes with the FLEXCOM voting body to ultimately craft the position taken on every family law-related bill.
And if commenting on existing legislation isn’t enough, standing committee participation offers the opportunity to craft legislation from scratch. Every standing committee is encouraged to submit ideas for new legislation that FLEXCOM can consider carrying through its work on developing and affirmative legislation. In short, join a standing committee if you want to get your voice heard within the legislative process.
Please see the roster of standing committees to find the group nearest to your location. If you are interested in joining, contact either the chair of the committee or Barbara Hammers.
Preview of the Next Edition of the Family Law News
The next edition of the Family Law News is at the printer and will hit your mailbox shortly. In this edition, you’ll find articles from the following authors:
- Audra Ibarra provides us an overview of recent appellate case law concerning alimony
- Frank Dougherty provides an intriguing response to a recent article written on the changing role of minor’s counsel
- An understanding of tax returns is critical for the family law attorney, as explained by Ron Anfuso
- Sharon Bryan and Andrew Hunt talk about the characterization of compensation
- Joanne Bertuzzi and Jeff Stenger caution readers about the perils associated with double dipping
- Ron Granberg and Robert Blevans assume the voice of a client to advise us about negative equity
- The role of marital standard of living in the spousal support calculation is provided by Kenny Pierce
As always, the Family Law News will consider submissions on a wide variety of topics from any member of the Section. In addition, we review articles that come from professionals working in non-legal disciplines, such as accounting, property valuation and mental health that impact the family law profession. If you have an article for consideration please contact Andrew Cain, Executive Editor of the Family Law News.
Family Law Section Recognizes Outstanding Work from the Bench and Court Staff
The Family Law Section was pleased to present the 2011 Family Law Judicial Officer of the Year award to the Honorable Mark Juhas. Judge Juhas sits in the family division of the Los Angeles County Superior Court. Judge Juhas has been a champion for family law issues and systemic reform, both locally and at the state level, during his eight years of service to the family law bench. He served as a member of the Elkins Task Force and currently participates in the implementation committee. He is also a member of two committees that report to the Judicial Council, the Family and Juvenile Advisory Committee and the Task Force on Self Represented Litigants.
At a local level, Judge Juhas chairs the Access and Fairness Committee in Los Angeles. He also sits on the Judicial Education Seminars and Media Committee. He has served as faculty or presented at various conferences on topics ranging from the effects of domestic violence on children to new judge orientations. Most importantly, Judge Juhas is held in high esteem for the handling of his courtroom. Those that appear before him commend his professionalism, courtesy and well-reasoned decisions.
This year, the Section also recognized the contributions of an outstanding court staff member. Cathy Mills, a Court Services Manager in Alameda County, supervises several court staff in the family division. She is renowned for going beyond her role as a supervisor to become a mentor and coach for her staff. She brings her experience working in other divisions of the court to bear on a number of projects, including the movement towards a more hands-on case management system in family law litigation.
Cathy recently aided a number of Alameda County attorneys in an endeavor near and dear to all of our hearts: the timely payment of fees. Internal processes were preventing attorneys from getting paid on court appointed cases. Once apprised of the issue, Cathy took responsibility for fixing the problem. Included in this ordeal was making the hour long drive to another courthouse to pick up appropriate forms.
Congratulations to both award recipients for their efforts in improving the family law system. FLEXCOM is proud to honor these achievements.
Legislative Update
On August 5, the Governor signed Assembly Bill 1349 into law. This bill impacts various aspects of California’s statutory scheme governing paternity. While the measure does not take effect until January 1, a review of its impact is timely. The Courts of Appeal continue to address issues related to this legislation, most recently in the case of In re Levi H., an opinion from Division One of the 4th District that was ordered published on August 1.
AB 1349 is, in part, the legislative response to the case of Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119, where the Court of Appeal dealt with the question of how to treat a voluntary declaration of paternity when another parent presents with a competing presumption. Relying upon Family Code section 7573, the Court held that a voluntary declaration has the force and effect of a paternity judgment and is not to be balanced with another presumption pursuant to Family Code section 7612.
AB 1349, in essence, reverses this portion of the Kevin Q. case. The bill amends Section 7612(d) to require a court to engage in the standard consideration of “policy and logic” when balancing a declaration of paternity with another presumption. In addition, the bill makes the following changes to the paternity scheme:
Specifies that a declaration of paternity is invalid if, at the time it was signed, the child had a presumed parent under Sections 7540, 7611(a),(b) or (c) or that the man signing the declaration if a sperm donor.
Clarifies that a sperm donor is treated as if he is not the natural father unless he and the woman agreed to the contrary, in writing, prior to the conception of the child.
Allows for a parent who is presumed under Section 7611 to file an action asking for a declaration of paternity to be set aside within two years of its execution. The court must rule upon the petition taking into account the best interest of the child, including a review of the nature, duration and quality of the relationship.
You can review the text of the legislation HERE. In upcoming editions of the ENews, we will provide additional legislative updates. Also, be on the lookout for the annual CEB legislative update in an upcoming edition of the Family Law News.
Member Benefits for the State Bar Family Law Section
In addition to discounts on programs and top line continuing education, what better way to keep up with the dynamic world of family law. As a Family Law Section member, you receive a wide array of benefits unavailable to the general public. These benefits include:
- A subscription to the Family Law News, a quarterly publication containing a variety of articles of practical interest to attorneys at all levels of experience.
- A $75 discount on either CEB's Gold CLE Passport or any single full-priced MCLE ticket, which if used, entirely offsets the costs of your section dues. Many of these programs are presented in the webinar format where you don't have to leave your desk! You are also eligible for 10% off selected CEB print or online books.
- Free access to Family Law Case Studies, a monthly analysis of published and unpublished Appellate Court Opinions, by Judge Jeffrey Burke of San Luis Obispo.
- Discount on access to BriefCase OnCall™, an online updating service from Attorney's BriefCase® Legal Research Software. OnCall™ provides indexed summaries of all cases going back approximately six months relating to California Family Law, Juvenile Law, Evidence and Pretrial Adjudication.
- Free or low-cost programs on cutting-edge issues of Family Law, presented as webinars so you don't have to travel to participate. Recent webinars include Property Division, Child Custody Evaluations and Double-Dipping.
- Free access to Family Law ENews bulletins, keeping you abreast of developments statewide.
- The opportunity to network with family lawyers throughout California through standing committee membership, and Section-sponsored events and activities.
- Access to Family Law groups in e-circles, a social medium limited to members of the California State Bar, that provides a platform to network, communicate, blog and connect with other California attorneys in your practice area. You can access e-circles through your State Bar profile. To set up your State Bar profile if you have not already done so please visit www.calbar.ca.qov and click on Member Services.
- Unlimited access to the members-only portion of the Section website, which contains valuable information for family lawyers and provides electronic access to current and past issues of Family Law News, Family Law Case Studies and many other Section publications.
- Leadership opportunities, including eligibility to apply for service on FLEXCOM, and to nominate family law attorneys and judicial officers for statewide family law awards and recognition.
- And, our newest benefit, the Family Law Toolkit. The Toolkit allows members to obtain MCLE credits in the hard to obtain areas such as ethics, bias and substance abuse.
The Family Law Section encourages you to continue to take advantage of these and other valuable benefits. If you have any questions concerning the Family Law Section or the benefits available to you with your membership, please feel free to contact the Chair of our Member Services Subcommittee, John Lazor (310-447-8675) or FLEXCOM Chair, Chris Melcher (818-591-3700).
Other News
New Member Benefit: The Family Law Toolkit
Introducing a new Family Law Section Member Benefit. The Family Law toolkit offers 6 Hours of Self-Study CLE Credit including:
- 4 Hours of Ethics – Self-Study
- 1 Hour of Elimination of Bias – Self-Study
- 1 Hour of Substance Abuse – Self Study
The Family Law Toolkit is now available in the Family Law Members Only area.
Save money with CEB
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Family Law Section, you're eligible for:
- 10% off selected CEB print or online books
- A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.
Free Access to Attorney's BriefCase OnCall™
As a membership benefit, State Bar Family Law Section members have free access to BriefCase OnCall™, an online updating service from Attorney’s BriefCase® Legal Research Software. OnCall™ provides the following features:
- Indexed summaries of all cases going back approximately six months relating to California Family Law, Juvenile Law, Evidence and PreTrial Adjudication.
- Full text of all summarized opinions.
- Week in Brief: An at-a-glance summary of all new cases by case name and holding in the four practice areas. (Week in Brief is also available by email as described below.)
For the details of the offer, see Attorney's BriefCase in the Family Law Section's Members Only Area.
"Your Legal Rights"
The Family Law Section is a sponsor of the radio program 'Your Legal Rights' which is hosted by Chuck Finney in the San Francisco Bay Area.
FLEXCOM assists in funding this public service radio program. FLEXCOM members are regular contributors. To listen to some past programs, see Your Legal Rights.Family Law Section members can access back issues of the Family Law News, special discounts for Section members and legislative tracking through My State Bar Profile. You can access this information at any time by signing into your State Bar Profile and clocking on Family Law Section - Members Only Area. Or go directly to the Members Only Home Page.
Consumer Education Pamphlets Available for Purchase
The State Bar of California's "Get the Legal Facts of Life" Pamphlets are available for purchase from the State Bar. These pamphlets are both educational and informative for your clients.
For more information, see Consumer Education Pamphlets or call the Education Pamphlet Hotline: 888-875-LAWS (888-875-5297).
Online and Self-Study CLE from the Family Law Section
View Family Law Section programs over the internet for participatory MCLE credit . Choose from hundreds of hours of official State Bar of California MCLE programs. For more information, see streaming audio and video, and select Family Law Be sure to check out CLEtoGo , downloadable podcasts you can listen to on the BART, or on the drive in or from the office.
Versa-Tape Company has a large library of CDs and DVDs of educational programs sponsored by the State Bar of California and all of the State Bar Sections. To see Family Law Section sponsored programs available through Versatape, visit www.versatape.com, select MCLE Self-Study Tapes and search by your area of interest. For more information, call 626-791-8907 or 800-468-2737.
Contact Us
Family Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2238
FAX 415-538-2368