X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
RETIRED JUDGE FACES SEX-RELATED CHARGES A retired county judge here who occasionally sits on assignment is scheduled to be arraigned today on misdemeanor charges he solicited lewd conduct and exposed himself in a city park. Judge Allen Fields retired from the Sacramento bench in 1993 and went on to become chief justice of the Supreme Court in the Republic of the Marshall Islands. Fields resigned from that high post following his arrest Jan. 6. Although the Republic has strong diplomatic ties to the United States, it has a separate legal system. Fields, who is 71 and lives in Carmichael, attended Boalt Hall School of Law. He worked as a Sacramento deputy district attorney and at a small, private firm before being appointed to the bench by Gov. Ronald Reagan in 1973. He is not allowed to serve while criminal charges are pending. The case is outside the jurisdiction of the Commission on Judicial Performance. On assignment, Fields earned $513.27 per day in addition to his retirement pay, which is more than $100,000 a year. He worked in Sacramento, Sutter, El Dorado, Amador and Calaveras counties and as recently as 2002. Fields was picked up by Sacramento police during a prostitution sting operation in a park regularly targeted for such activity. The Sacramento district attorney’s office charged him with trying to solicit a lewd act and exposing himself. He told police that he only exposed himself because he was urinating, according to the DA’s office. Fields’ attorney did not return calls seeking comment. — Jeff Chorney JUSTICES RULE ON FACTUAL INNOCENCE The California Supreme Court ruled Thursday that appellate courts must independently examine the trial court record in determining whether judges erred in declaring criminal defendants factually innocent. “A trial court’s finding of factual innocence based solely on its own interpretation of the evidence,” Justice Janice Rogers Brown wrote for a unanimous court, “does not sustain the defendant’s burden any more than a failure of the prosecution to convict.” A declaration of factual innocence lets defendants who have been acquitted of criminal charges petition the trial court to have their arrest records sealed or destroyed. In the case discussed Thursday, Jeanie Adair had petitioned for a finding of factual innocence after jurors found her not guilty of murdering her husband, Robert, in 1996. Los Angeles County Superior Court Judge L. Jeffrey Wiatt issued a finding of factual innocence, but was overturned by L.A.’s Second District Court of Appeal. Thursday’s ruling affirms the appellate decision. “We conclude,” Brown wrote, “that although the appellate court should defer to the trial court’s factual findings to the extent they are supported by substantial evidence, it must independently examine the record to determine whether the defendant has established ‘that no reasonable cause exists to believe’ he or she committed the offense charged.” The court held that Adair had failed to meet her burden of proof. The case is People v. Adair, 02 C.D.O.S. 937. — Mike McKee FARELLA GETS LATERAL PARTNER, NEW COUNSEL Farella Braun & Martel has beefed up its environmental group with the addition of partner Jon Benjamin and special counsel John Gregory. The two attorneys worked previously at LeBoeuf, Lamb, Greene & MacRae where they worked in site remediation, the redevelopment of contaminated properties, hazardous waste counseling and defense of enforcement actions and occupational safety and health compliance. Benjamin has practiced environmental law since 1986. Prior to his legal career, he served as a program analyst in the office of the secretary of the federal Department of Health and Human Services. He was also a fellow in public affairs with the Coro Foundation in San Francisco. He earned his J.D. in 1986 from New York University School of Law. In addition to his legal career, Gregory is a registered professional engineer in Michigan and California. He earned his law degree from the University of Michigan Law School in 1988. — Jason Dearen

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.