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KOLKEY WILL LEAD TRIBAL GAMING TALKS SACRAMENTO — Gov. Arnold Schwarzenegger has named Gibson, Dunn & Crutcher partner and former Third District Court of Appeal Justice Daniel Kolkey his lead negotiator for tribal gaming. Kolkey was a justice for nearly five years. He announced his departure from the bench Nov. 18, the same day as Schwarzenegger’s inauguration. On Wednesday, he said he didn’t know the tribal gaming position was in the pipeline at that time, but now is looking forward to it. Kolkey negotiated gaming compacts when he was Gov. Pete Wilson’s legal affairs secretary. After leaving the bench, Kolkey went to work in the appellate and constitutional practice group in Gibson, Dunn’s San Francisco office. He had been with the firm before going to work for Wilson. As lead negotiator, Kolkey will try to get more money from Native American gambling operations, which currently have a monopoly in the state on lucrative Nevada-style games. In other states where there are similar deals, tribes have to pay more of what they earn into government coffers. Kolkey wouldn’t cite a specific dollar amount that Schwarzenegger is going after. Schwarzenegger’s legal affairs secretary, Peter Siggins, said at this point it’s not clear exactly how much tribes even pull in each year. Howard Dickstein of Sacramento’s Dickstein & Zerbi, who represents several Native American tribes, called Kolkey a “good appointment” and said he was tough but fair. Kolkey, who will continue as a Gibson, Dunn partner, will be paid for his work as a government contractor, but Schwarzenegger’s press office declined to say how much. — Jeff Chorney SAN FRANCISCO JOINS ABORTION LAWSUIT A federal judge cleared the way Wednesday for San Francisco to join a legal battle against a new federal ban on so-called partial-birth abortions. U.S. District Judge Phyllis Hamilton granted City Attorney Dennis Herrera’s motion to intervene in Planned Parenthood Federation of America v. Ashcroft, 03-4872, Herrera’s office announced. As a result, San Francisco will be the first local government to join in one of three federal suits challenging the law, according to the city attorney’s office. Planned Parenthood filed its suit in the U.S. District Court for the Northern District of California. The other two suits were filed in New York and Nebraska, the city attorney’s office said. President Bush signed the Partial-Birth Abortion Ban Act of 2003 into law Nov. 5. The law provides that a doctor who knowingly performs the procedure can be fined and imprisoned for up to two years, and in some cases sued for relief unless the partial-birth abortion is “necessary to save the life of a mother.” Hamilton’s ruling Wednesday also extended to the city’s Department of Public Health a temporary restraining order that previously shielded Planned Parenthood providers from enforcement of the ban, said Deputy City Attorney Aleeta Van Runkle, one of the litigators on the case. The city’s public health care system provides services, including second-trimester abortions, to the indigent and underinsured, Van Runkle said. “DPH is a safety-net provider,” Van Runkle said. “We’re talking about a very vulnerable population.” The city attorney moved to join the suit in November. The U.S. Department of Justice did not oppose the motion, Van Runkle said. A Justice Department spokesman declined to comment. — Pam Smith

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