SDCPLL September/October 2006 Newsletter

2006 Witkin Award Winners Announced! We are pleased to announce this year's Witkin Award recipients. The award ceremony and dinner will be held on November 9, 2006, at the Prado Restaurant in Balboa Park. Each year, the Law Library Justice Foundation presents the Bernard E. Witkin, Esq. Award to honor members of the San Diego legal community for civic leadership and excellence in the teaching, practice, enactment or adjudication of the law. This year, we are honoring three individuals: -Judge William J. Howatt, Jr, Supervising Judge of the Family Law Courts of San Diego County Superior Court -Allen C. Snyder, Professor of Law, University of San Diego School of Law -Susanne J. Stanford, Esq., Of Counsel, Luce, Forward, Hamilton & Scripps, LLC The Foundation is pleased to recognize the continuing support of Thomson West as a major sponsor of the Witkin Award Dinner. In addition to its continuing support as a Gold Level sponsor, Thomson West will once again donate a set of Witkin's Summary of California Law, 10th ed., valued at $2000.00. This prize along with other great prizes will be given away in a raffle drawing at the close of the evening's festivities. The winner must be present during the drawing. One raffle ticket will be included with each dinner ticket. Additonal raffle tickets may be purchased at the event for $5 each or 5 tickets for $20. For more information about the Witkin Award Dinner, please visit the Law Library Justice Foundation website.

Judge William J. Howatt, Jr. Supervising Judge William J. Howatt, Jr. was appointed to the Superior Court in 1987 by Governor Deukmejian. Prior to his appointment to the Superior Court, Judge Howatt was a Municipal Court Judge in the El Cajon Judicial District, appointed in 1979 by Governor Edmund G. Brown, Jr. He was elected Presiding Judge of the San Diego Superior Court for the years 1996 and 1997, and Assistant Presiding Judge of the Court for the years 1994 and 1995. While on the Municipal Court, he served as Presiding Judge and Assistant Presiding Judge of that court as well. He currently serves on the California Judges Association, San Diego County, Response to Unfair Criticism of Judges and Courts Committee, and has served three years on the California Judges Association Ethics Committee. Judge Howatt has served as a member of the Trial Court Coordination Advisory Committee to the California Judicial Council, as well as the Presiding Judges Advisory Committee to the Council. He has also served as the President of the Board of Trustees of the San Diego County Public Law Library for 2005, and previously was a member of the Board of Trustees. Judge Howatt was honored by the San Diego County Bar Association, Certified Family Law Specialists with the 2004 Family Law Judicial Officer Award and by the American Academy of Matrimonial Lawyers, Southern California Chapter, with the 2004 Distinguished Jurist Award. He was also recently named Judicial Officer of the Year by the Family Law Section of the Bar Association of the State of California. Judge Howatt received a J.D. degree in 1968 from the University of San Diego Law School and a B.A. degree in Political Science in 1965 from the University of California, Berkeley. He began his career as a Deputy District Attorney for the County of San Diego, where he served for over ten years before being appointed to the bench.

Professor Allen C. Snyder Professor Allen C. Snyder practiced commercial law with a private law firm and poverty law with the San Diego Legal Aid Society before joining the University of San Diego faculty in 1978. He has worked extensively with the National Institute for Trial Advocacy and the San Diego Mediation Center, and serves on numerous boards of non-profit organizations. Most of his teaching is in the legal clinics, including the areas of negotiations, interviewing and counseling, trial practice, and supervising client clinics. In addition, he co-teaches classes in law and medicine, and law and mental disorder. He has published articles in the field of patient competency and co-authored "A Practical Guide to California Evidence" (National Institute for Trial Advocacy) and "Mental Disorder in the Criminal Process" (Greenwood Press). Professor Snyder received his J.D. degree from Northwestern University in 1974, and his B.A. from Washington and Jefferson College in 1968.

Susanne J. Stanford, Esq. Attorney Susanne J. Stanford is Of Counsel at Luce, Forward, Hamilton & Scripps LLP, practicing out of its San Diego office. She practiced family law for several years and is now a member of the firm's Business / Complex Litigation practice group. Ms. Stanford is a Master and Member of the Executive Committee, American Inns of Court. She is a member of the Board of Trustees of the Museum of Photographic Arts, and is on the Board of Directors of the University of San Diego Law School. She has served as a member of various committees of San Diego County Bar Association, including the committee to draft a code of ethics/conduct for civil attorneys; as well as serving on judicial evaluation commissions. Ms. Standford has been a delegate to bar conventions and is a past president of the Lawyers Club of San Diego, as well as a past member of the Board of Governors, California Women Lawyers. Finally, Ms. Stanford is a lecturer for Continuing Education of the Bar courses. Ms. Stanford received her J.D. at the University of San Diego, magna cum laude, in 1975. She received her M.A. in Speech and her BA, magna cum laude, from the University of Arizona.

The SDCPLL Board of Trustees Approves a New Mission and Vision Statement for the Law Library At its regular monthly meeting on September 27th, 2006, the Board of Trustees unanimously approved the following new mission and vision statements for the San Diego County Public Law Library: Mission - Focus on meeting the needs of the library's users. - Create a county-wide community resource that promotes interaction and collaboration in the dissemination of legal information. - Maintain a practical, timely and relevant collection and electronic access to legal materials that will meet the needs of the library's users. - Make legal information available to users in the most appropriate and relevant format possible. - Provide professional library staff that demonstrates excellent communication skills and uses technology to improve workflow and enhance the flow of legal information. - Develop facilities and spaces within the law libraries that enable study and collaboration. Vision The San Diego County Public Law Library uses its staff, its collections, and the other tools and programs it develops to promote relevant, pertinent and timely legal information to the residents of San Diego County in order to promote access to justice.

You Are Invited to Particpate in SDCPLL'S First Online Survey! The Law Library is in the process of evaluating its services and resources in light of the newly adopted mission and vision statements. Your opinions matter to us! As part of our information-gathering process, we will be conducting a month-long survey, from Oct. 16th through Nov. 16th, 2006. All subscribers of our e-newsletter are invited to participate, both members and non-members of the Law Library, as well as regular library users and those who visit or use our services less frequently. Survey participants who complete the survey and provide their contact information for follow-up purposes (for example, receiving an invitation to participate in a focus group) will be entered into a drawing for one of fifty - $50 Amazon.com gift certificates. For more information and to participate in the survey, go to the library website, www.sdcpll.org.

Membership Renewal Reminder The Law Library has sent out its 2006-2007 membership invoices. All membership renewals are due by October 1st. The library allows a short grace period, but all memberships not renewed by the end of October will be suspended until the fees are paid.

Law Library Observes Columbus Day All Law Library locations will be closed on Monday, October 9th in observance of Columbus Day. The Main Library and all branches will re-open on Tuesday, October 10th with their normal hours. See our Calendar of Events page on the website for other upcoming holidays.

Law Library Classes for October and November The Law Library has scheduled the following classes for October and November, including three new classes. All classes offered on week days qualify for MCLE credit. For more information check out the class information on our website. You may register at the Main Law Library or call (619) 531-3900. Classes are free for Law Library members and $5 for non-members. "Saturday, Oct. 14th - 2-4 pm - Practical Legal Research" The focus of this two hour session is to introduce attendees to research strategies and to show them how to find the information they need in some of the more important California resources such as Witkin's Summary of California Law, California Forms of Pleading and Practice, West's California Digest, etc. The class will include hands-on exercises in using these essential materials. "Tues, Oct. 17th - 10-11am - Focus on Forms" For anyone involved in a business dealing or law suit, finding out where to find the correct forms can be a harrowing process. This 1 hour class will try to provide information to assist you in finding forms, both through online sources and from print resources. The focus will be on litigation forms (California and Federal) and business (transactional forms). A resource list will be provided with the class. "Thurs., Oct. 26th - 2-3 pm - Using Lexis" "Using Lexis" is a one-hour class for people with little or no experience using this database. The class will focus on basic search techniques and what is available through Lexis, including cases, statutes, court rules, administrative law and treatises. If time permits, there will be an opportunity for some hands-on training. "Sat., Nov. 4th - 11am-Noon - Law Made Public" The class includes a tour of the library, as well as informative hand-outs and hands-on demonstrations. Information, such as how to find laws, cases, and research materials will be covered. "Wed., Nov. 8th - 2-3pm - Diving into the OPAC" Gone are the days of the card catalog. The Online Public Access Catalog (OPAC) provides access to the library's holdings, both in the library and remote access on the Internet. Access is available in the library and outside the library on our website, http://www.sdcpll.org. This class will provide tips on making the most of the OPAC to find materials quickly and easily to save you time and energy. A handy "Tips & Tricks" sheet will be provided. "Thurs., Nov. 16th - 2-3pm - Using Westlaw" "Using Westlaw" is a one-hour class for people with little or no experience using this database. The class will focus on basic search techniques and what is available through Westlaw, including cases, statutes, court rules, administrative law and treatises. If time permits, there will be an opportunity for some hands-on training. "Tues., Nov. 28th - 10-11am - Keeping Current with Journals" Sometimes the timeliest, most up-to-date information about a subject is through journal and law review articles. The Law Library has several ways for patrons to search and retrieve these helpful resources. LegalTrac and HeinOnline are two of the best and easiest ways to get to these articles. This class will de-mystify the differences between the two and how to make the best use of these resources.

Upcoming Programs at the Law Library Wednesday, October 11th- Noon-1pm. "Of Blawgs and Dogs: Advertising, Solicitation, and Confidentiality in the Cyber Age" This panel discussion will feature Professor Ruben J. Garcia and Professor Imre Szalai from California Western School of Law. This program is approved for 1 hr. of MCLE participatory ethics credit. Friday, October 13th, Noon -1 pm "Doing Business in Mexico: Westlaw Resources" The public is invited to attend a demonstration by Westlaw, highlighting online resources related to doing business in Mexico. This program is approved for 1 hour of General Participatory MCLE credit. Both programs will be held at the Main Law Library 1105 Front Street, San Diego 92101.The San Diego County Public Law Library is an approved State Bar of California MCLE provider. Space is limited. Register early at the Main Law Library or call (619) 531-3900. These programs are free for Law Library members and $5 for non-members. Check our website for other programs being planned for November and December!!

FREE Legal Clinics The Law Library is pleased to announce a continuing partnership with the University of San Diego School of Law for the Fall 2006 semester. The Library will host a free legal clinic supervised by USD Law School faculty, which has a tradition of working with San Diego residents in need of legal services. The University of San Diego School of Law has provided a variety of legal clinics and other free legal services to the community since 1971. USD Legal Clinics provide training to upper-level law students who are supervised by a practicing attorney and are bound by the Rules of Professional Conduct established by the State Bar of California. The SDCPLL/USD Legal Clinics will be held at the Law Library's main location at 1105 Front Street, in downtown San Diego from 12:30 to 3:00 p.m. on the following dates: Tuesday, October 10, 2006 Tuesday, October 24, 2006 Tuesday, November 7, 2006 Tuesday, November 21, 2006 The clinics will provide assistance on most civil matters, excluding family law. Those who meet previously established criteria may be referred for additional legal assistance. The clinic cannot provide assistance in criminal or bankruptcy cases. Sign-up procedures: Anyone interested in attending the clinics may sign up in person at the Law Library's Circulation Desk or via phone (619-531-3900) no more than two business days prior to the date of the clinic. Signing up ahead of time does not guarantee a reserved space for the clinic, unless the attendee checks in as required on the day of the clinic. Attending the legal clinic: On the day of the clinic, all persons who have previously signed up for the clinics must confirm their reservation in person by 11:30 a.m., one hour before the start of the clinics. Those who have checked in by 11:30 a.m. will be seen on a first come, first served basis. Walk-ins on the day of the clinic may be permitted if time and staffing permits.

News from the North The North County branch is pleased to welcome the Bar Association of North San Diego County's new Intellectual Property section. The Intellectual Property section, chaired by Ken Lynch and co-chaired by Mark Reichenthal, will focus on the law as it pertains to the areas of copyright, trademarks, and patent law. Section meetings will also include discussions on other areas of the law intellectual property touches upon such as Corporate Law, Entertainment Law, and Internet Law. A recent Quizno's commercial which shows a family ordering the sandwich shop to "cease and desist" selling its BBQ sandwiches because it "encroaches upon their long established recipes and intellectual property" is just one example of how popular the concept of Intellectual Property law is becoming. The intellectual Property section held its first meeting Thursday, August 24th in the North County branch conference room. Attorney David Doyle spoke on the topic of Copyright & Trademark Ethics within an IP Practice. Intellectual Property section meetings are held the fourth Thursday of the month in the conference room of the North County branch of the San Diego County Public Law Library. The next meeting is scheduled for noon, October 26th. For more information, contact Ken Lynch at (760) 931-0030.

Internet Resources of the Month California appellate court opinions are available online for free! The California courts have an online service providing free public access to all state appellate court opinions published in the California Official Reports since California became a state in 1850. Opinions on this searchable Official Reports site are updated monthly and are current to within 90 days of filing. One Stop Shopping for Federal Forms If you need to look for government agency forms, forms.gov is the website for you. Titled the Federal Forms Catalog for Citizens, the website is great for anyone needing forms. Instead of going from one agency website to another, this database is one stop shopping. There are several ways to find the forms: the form number, agency name or form name through the A-Z list of forms. As long as we have to fill out these forms, we need to have an easier way to find them. Unfortunately, the forms are not fillable online, but being able to find them is a big help.

Online Resource of the Month - HeinOnline HeinOnline began as a online full-text law journal retrieval database in 2000. All the journals are fully searchable with multiple entry points. Since that beginning, HeinOnline has expanded its coverage to include the Federal Register, treaties, U.S. Reports, Statutes at Large, Title 3 of the Code of Federal Regulations, Public Papers of the President and a selection of classic legal treatises. All modules are image-based, meaning that they provide exact page images and enable the researcher to view all pages as they originally appeared in print, including all charts, graphs, and photographs. Most journal volumes are added when a volume is complete, so the most current issues will not be in the database. For some titles, such as Harvard Law Review, the publisher requires a specified amount of time before HeinOnline may add the volume to its database. New titles and volumes are added monthly as the database continues to grow. HeinOnline is menu driven and easy to use with very good instructions and help screens. Results may be printed at 20¢ per page or saved to a flash drive on select library computers. HeinOnline is available only at the four Law Library locations and not from outside the library. A Reference Librarian will be more than happy to show you how to use this database and get you started on your search.

Case of the Month - Open up your laptops The 9th Circuit Court of Appeals in U.S. v. Romm has ruled that border guards may search and seize the contents of laptop computer files without probable cause. This case holds that child pornography contained only in a temporary cache is sufficient access and control to uphold a conviction for receipt and possession of child pornography making this ruling a boon to prosecutors in cases of internet child pornography possession. Computers automatically keep copies of all Web pages viewed by internet users in an Internet cache or temporary folder to prevent having to download the same material repeatedly.

Reference Question of the Month Question: I heard there is a new law that gives members of common interest development community associations the right to inspect and copy the association's books. Is that true and if so, what do I get to inspect? Answer: Yes, Civil Code §1365.2. (Association records; availability to member; redactions; use by member; remedies (AB 1098)) became operative July 1, 2006. This code section not only expands the inspection rights of association members, but also spells out what records are to be made available for inspection. According to the legislative analysis, the purpose of the new law is to make common interest developments more accountable to homeowners by detailing which records are subject to homeowner inspection. Civil Code §1365.2 refers to "association records" and "enhanced association records". "Association records" are defined as budgets, financial statements, reviews of financial statements, tax returns, executed contracts, check registers, written approvals of vendor proposals or invoices, agendas and minutes of meetings. "Enhanced association records" are defined as invoices, receipts, canceled checks, purchase orders, credit card statements for credit cards issued to the association, statements for services, and reimbursement requests submitted to the association. The law also states that the records shall be made available for inspection and copying at the association business office within the development, or if there is no on site business office, a place agreed upon by the member and the association. Members are responsible for the cost of copying records. Please note that some types of community associations are not governed by this section, but are governed by Corporations Code §§ 8310-8320, 9325, and 8330-8338 For more information on common interest developments, see Advising California Common Interest Communities, 2006 Condominium Bluebook , or Hanna and Van Atta on Common Interest Developments ; available at all four Law Library locations.

New Books Added to the Collection This is a selection of new materials added to the collection in August and September. Clilck on the title to check their availablity. THE CALIFORNIA MUNICIPAL LAW HANDBOOK / LEAGUE OF CALIFORNIA CITIES. Sacramento, Calif.: League of California Cities, c2006. KFC752 .C35 2006. Main Library and North County only Acret, James. CONSTRUCTION ARBITRATION HANDBOOK/ JAMES ACRET. 2nd ed. Eagan, Minn.: Thomson/West, c2006. KF902 .A73 2006. Main Library Only CONSUMER LAW SOURCEBOOK FOR SMALL CLAIMS COURT JUDICIAL OFFICERS : SMALL CLAIMS COURT LAW AND PROCEDURE / AUTHORS, ALBERT Y. BALINGIT ... [ET. AL.]. [5th ed.]. [Sacramento, Calif.] : State of California, Dept. of Consumer Affairs, 2005. KFC976 .R47 2005. All Locations Carter, Carolyn L. CONSUMER WARRANTY LAW : LEMON LAW, MAGNUSON-MOSS, UCC, MOBILE HOME, AND OTHER WARRANTY STATUTES, WITH CD-ROM / CAROLYN L. CARTER, JONATHAN SHELDON. 3rd ed. Boston, Mass. : National Consumer Law Center, c2006. KF919.C6 S42 2006. All Locations Hyman, Ronald T. DEATH THREATS BY STUDENTS : THE LAW AND ITS IMPLICATIONS / RONALD T. HYMAN.Dayton, Ohio : Education Law Association, c2006. KF4159 .H96 2006. Main Library Only EFFECTIVE JURY VOIR DIRE : PROGRAM HANDBOOK, JULY/AUGUST 2006. Oakland, Calif. : Continuing Education of the Bar, c2006. KFC1045.Z9 E3 2006. Main Library Only ESTATE AND GIFT TAX BASICS : PROGRAM HANDBOOK, MAY/JUNE 2006. Oakland, Calif. : Continuing Education of the Bar, c2006. KF6572.Z9 E88 2006. Main Library Only LABOR UNION LAW AND REGULATION / EDITOR-IN-CHIEF, WILLIAM W. OSBORNE, JR. ; SENIOR EDITORS, JONATHAN G. AXELROD ... [ET AL.]. [Chicago] : Committee on Union Administration and Procedure, Section of Labor & Employment Law, American Bar Association ; Washington, DC : Bureau of National Affairs, c2003. KF3389 .L33 2003. Main Library Only MOLD LITIGATION : IS THE FUNGUS STILL AMONG US? : PROGRAM HANDBOOK, JULY/AUGUST 2006. Oakland, Calif. : Continuing Education of the Bar,c2006. KFC641.5.M6 M62 2006. Main Library Only Rehon, Peter M. OBTAINING A WRIT OF POSSESSION : HERE\'S HOW AND WHEN TO DO IT / BY PETER M. REHON. Oakland, Calif. : Continuing Education of the Bar ; [Berkeley, CA] : Regents of the University of California, c2004. KFC1050 .R44 2004. All Locations Manning, Elliott. PARTNERSHIPS : DISPOSITIONS OF PARTNERSHIP INTERESTS OR PARTNERSHIP BUSINESS; PARTNERSHIP TERMINATION / BY ELLIOTT MANNING. Washington, D.C. : Tax Management, c2006- KF6289.A1 T33 No.718-2nd. Main Library Only

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