THE CHARLES HOUSTONBAR ASSOCIATIONNEWSLETTER

INSIDETHIS

ISSUE

BROWN v. BOARD OF EDUCATIONKAMALA HARRIS2003 GALA DINNER DANCEGET INVOLVED: REACH OUT TO OUR YOUTHMEMBER NEWS & MORE!

2004 CHBA, ISSUE ONE

San Francisco District AttorneyKAMALA HARRIS

www.charleshoustonbar.org

2004 CHBA

Editor’s Note

Looking back . . .

Our own 50th Anniversary Approaches

In 1963, Deputy Attorney General for the State of California Wiley W. Manuel was chosen to serve as1963 President of the Charles Houston Law Club. His executive board consisted of members John D.George (Vice President), Estella Dooley (Correseponding Secretary), John J. Miller (Recording Secre-tary), and Frederick Smith (Treasurer). Source: Oakland Tribune, February 21, 1963.

The year was 1955, one year after Brown v. Board of Education (Brown I). It was a year historyassociates with Rosa Parks, Emmett Till, and Brown II’s relaxed permission to desegregate with alldeliberate speed. Locally, that same year, a small group of black lawyers united to form the CharlesHouston Law Club, which later evolved into our present day Charles Houston Bar Association.

Yes, CHBA turns 50 in 2005! It promises to be a year of reflection about our organization’s proud pastfilled with discussion about our direction for the future. The board of directors anticipates hostingspecial 50th Anniversary events. We look forward to your help and invaluable resources to commemo-rate this historic milestone. Please lend your support.

In this newsletter issue, you will meet history-maker and CHBA member Kamala Harris, the first Afri-can American woman to be elected District Attorney in the state. You can review some thoughts aboutthe landmark case Brown v. Board of Education, discover various CHBA-member-supported commu-nity programs that could really use your help, learn about recently appointed judges, and see whatCHBA has been up to this past year. I welcome any thoughts, concerns or comments for this and futureissues.

Charles A. Smiley2004 CHBA Communications Committee Chaircsmiley@co.alameda.ca.us

Cover: San Francisco District Attorney Kamala Harris surrounded by family, friends, and journalistson election night. Photograph by Jennifer Madden.

1

NEWSLETTER, ISSUE ONE

This will not be your prototypical president’s message.

DEMAND is hereby made that the members, supporters andfriends of the Charles Houston Bar Association become moreinterested, engaged and involved in the local, statewide andnational political landscape.

As members of the oldest and largest group of African Ameri-can attorneys and judges in northern California, we have animplied duty to protect the rights and interests of the commu-nity. To fulfill this duty, we must halt the political disenfran-chisement of African Americans. Oakland is the text-bookexample of the erosion of our political might where we havelost control over the media and city hall.

The message is simple: you must do more than vote. Wemust begin to identify viable candidates, help plan their candi-dacy and raise money for them immediately. Also imperativeis the need to build coalitions with other groups who sharesimilar concerns.

As we celebrate the 50th year of Brown v. Board of Education, we must also recognize that thisdecision was the offspring of a people that once pushed the system to its fullest and stood to preserveequality, fairness and justice. You come from the same stock, it is inherent in your thought pattern,blood and history to strive for perfection, for the benefit of all.

I urge you to run for office and continue the legacies of Lionel Wilson, Wiley E. Manuel, Barbara Leeand Elihu Harris.

DEMAND is hereby made that the members, supporters and friends of the Charles Houston BarAssociation become more interested, engaged and involved in the local, statewide and national politi-cal landscape.

Vernon C. Goins, II

President’s Message

Vernon C. Goins, 2004 CHBA President

2

2004 CHBA

Brown v. Board

Gillian G.M. Small and Cheryl Brown Henderson

50th Anniversary:Brown v. Board of Education ofTopeka, Kansas

It is practically impossible to understatethe profound impact of Brown v. Board ofEduation of Topeka, Kansas (1954) 347U.S. 483.

On May 17, 1954, the United States Su-preme Court declared that “[I]n the fieldof public education, the doctrine of ‘sepa-rate but equal’ has no place; separate edu-cational facilities are inherently unequal.”The ruling reached far beyond classroomwalls. It marked the beginning transfor-mation of the whole of American race re-lations. As Judge A. Leon HigginbothamJr. once put it, “Brown changed the moraltone of America; by eliminating the le-gitimization of state-imposed racism itimplicitly questioned racism wherever itwas used.”

Chief Justice Earl Warren, who authoredthe opinion, wrote that “education is per-haps the most important function of stateand local governments . . . [Education] isrequired in the performance of our mostbasic public responsibilities . . . It is thevery foundation of good citizenship . . . Itis a principal instrument in awakening thechild to cultural values, in preparing himfor later professional training, and in help-ing him to adjust normally to his envi-ronment. In these days, it is doubtful thatany child may reasonably be expected to

succeed in life if heis denied the oppor-tunity of an educa-tion.”

Reactions to Brownvaried; the countrybraced itself. Tosome white Ameri-cans, the decisionviolated the naturalorder of things, theway in which theyhad thought andlived since the early17th century.People resisted. Stu-dents marched outof class to protest thepresence of blackpupils at theirschool. Crowds

jeered, threw stones, and burned buses.African American schools closed down.“White flight” gave rise to more privateschools. Politicians from the South,Strom Thurmond among them, signeda document that came to be known asThe Southern Manifesto, a proclamationaverring that they would use everythingwithin their legal means to overturnBrown. America was unhurried to em-brace the new idea of equality. Indeed,nineteen months after Brown was pub-lished, a 43 year old seamstress namedRosa Parks was arrested simply for notsurrendering her seat to white bus rid-ers, a violation of the 1955 Montgom-ery Alabama Municipal Code.

The intense widespread opposition toBrown’s call for equal treatmentprompted law professor Derick Bell tosuggest that “the major value of the . . .decision may have come as a result ofwell-publicized forms of white resistancethat appalled many who otherwise wouldhave remained on the sidelines.” Thecivil rights movement gained momen-tum.

This year, the Charles Houston Bar As-sociation held several events to com-memorate the 50th anniversary of thislandmark case. Among them, CHBAco-sponsored CABL’s Black HistoryMonth Celebration on February 28,2004, a free event held at the AfricanAmerican Museum and Library at Oak-land that featured keynote speaker

Cheryl Brown Henderson, daughter ofplaintiff Oliver L. Brown.

In her message, Henderson urged Afri-can Americans not to let anyone sug-gest that you are being too sensitivewhen you identify and complain of per-ceived discrimination. “Nothing in ourcountry with respect to discrimination,”she said, “has occurred by accident.Dred Scott, Jim Crow, restrictive cov-enants; they were all purposeful.”

Brown was not the first case to challengeclassroom segregation, though it was tobecome the most important. In the stateof Kansas alone, appellate courts hadconsidered eleven earlier cases challeng-ing school segregation. Yet the road toBrown started much earlier than Kan-sas’ own history. By JudgeHigginbotham’s measure, it may havebegun “when Prudence Crandall wasarrested in Connecticut in 1833 for at-tempting to provide schooling for col-ored girls. It was continued in 1849when Charles Sumner, a white lawyerand abolitionist, and Benjamin Roberts,a black lawyer, challenged segregatedschools in Boston. It was continued asthe NAACP, starting with CharlesHamilton Houston’s suit, Murray v.Pearson, in 1936, challengingMaryland’s policy of excluding Blacksfrom the University of Maryland LawSchool.” Many more NAACP cases fol-lowed, each advancing the erosion ofPlessy v. Ferguson.

Charles Hamiton Houston is uniformlycredited as the principle architect of thelitigation campaign that led to Brown.As Special Counsel for the NAACP, hefought and won many cases before theSupreme Court which chipped away atthe prevailing “separate but equal” doc-trine. It was Houston who invitedThurgood Marshall, a former HowardLaw School student of his, to bring hislegal talent to the NAACP. Marshallsucceeded Houston as Special Counseland later created the institution we nowknow as the NAACP Legal Defense andEducational Fund, Inc. which Marshalldirected until 1961. Together, the workof these two civil rights titans provided,as Eva Patterson puts its, “one of theclearest and most enduring models ofsuccess for the use of law for socialchange.”

3

NEWSLETTER, ISSUE ONE

50 YearsHouston passed away before the decisionin Brown was published. At the CABLevent in Oakland, Cheryl Hendersoncommented of him: “Many of us don’teven know who he is. But it is [Hous-ton] who really gave the final death knellto Jim Crow.”

From Then To NowIn 1948, a man named McKinley Burnettbecame President of the Topeka Chapterof the NAACP. His self-appointedmission was to integrate the Topekaschool system. It was a steep, uphillbattle. For two years, Burnett held andattended meetings and wrote the schoolboard demanding change. By 1950,seeing no action, his frustration led himto court. He recruited thirteen blackfamilies to challenge Topeka’seducational segregation. These plaintiffswere instructed to locate the nearestwhite school, enroll their child, andreport what happened. Among thesefamilies were the Browns.

Oliver L. Brown’s family was the tenthfamily that agreed to be involved in thesuit. Oliver, at 32 years old was apreacher; his wife, Leola (age 29) was ahomemaker. They were not activists, butjoined Mr. Barnett’s mission. Referringto her parents’ youth, Ms. Hendersonacknowledged that “Young peoplechanged this country . . . Often times,young people don’t realize the powerthey have.”

The Brown’s daughter, Linda, had beenbused to the segregated MonroeElementary School. When Oliver andLeola attempted to enroll their seven-year-old daughter at the local whiteschool, Linda was refused.

The NAACP filed suit on February 28,1951. In addition to Mr. Brown, thetwelve other original plaintiffs consistedof twelve married woman whose childrenhad similarly been denied access to whiteschools.

What made the Brown case unique is thefact that, unlike previous lawsuits, thisone was filed in federal court and becamea class action suit. Eventually, theplaintiff class included some 300similarly situated individuals.

During the time that Brown was pendingbefore the courts, the United States was

heavily committed to the Cold Waragainst Communism. Yet while the U.S.propaganda machine justified thecountry’s position by condemning humanrights abuses abroad, internationalcriticism of the United States focused onits own human rights abuses. In CherylHenderson’s view, the United Statesneeded the Brown decision in order to,among other things, “clean up” itsinternational image. Indeed, the StateDepartment, in an unprecedented move,intervened to support schooldesegregation in the amicus brief it filedin Brown. Professors Derick Bell andCharles J. Ogletree Jr. likewise see thegovernment’s support of desegregation asa product of “interest convergence,” atheory holding that social change occursonly when the interest of the majority canbe served by making concessions to theminority. In this case, the concessioncame with “all deliberate speed” . . .meaning — as we have seen — very,very slowly. Ogletree, a California nativeoriginally from Merced, openlyacknowledges that in many ways,America, and California in particular,have gone backwards on issues of civilrights.

As civil rights lawyer Eva Pattersonrecently observed, the federalgoverment’s international publicrelations tactics have changed little infifty years. Noting an interesting parallelbetween 1954 and today, she remarkedthat “the world’s view of ourgovernment’s commitment to democracyand equality is again at stake. In the wakeof the exposure of the brutality towardprisoners in Iraq, for the first time theU.S. State Department decided topostpone its annual report on humanrights abuses in other countries.” Aroundthe same time, the U.S. JusticeDepartment also announced (in May2004) that it was reopening theinvestigation of the 1955 Emmett Tillmurder.

Brown v. Board of Education is unfin-ished business. As we reflect upon thedecision’s importance to our own lives,we should to ask ourselves — as JudgeA. Leon Higginbotham Jr. once suggested— “what would have happened to [us] ifthere had never been a Charles HamiltonHouston, a William Henry Hastie, aThurgood Marshall and that small cadreof other lawyers associated with them,

who set the groundwork for success inthe 20th century racial civil rightscases?” We can silently be grateful fortheir efforts and reap the benefits ofstanding on their shoulders. But thenwhat honor would we bring these greatlawyers, their legacy, and our present-day responsibility as an African Ameri-can legal community? None. Fifty yearslater, our task is to carry the torch fur-ther and make it burn brighter.

*References used in researching thisarticle can be provided upon request tothe Editor.

Cheryl Brown Henderson now serves asPresident and CEO of the Brown Foun-dation for Educational Equity, Excel-lence and Reasearch, which she co-founded in 1988. This Foundation pro-vides scholarships to minority students,sponsors programs which promote di-versity in education, and recentlyworked with the U.S. Congress to es-tablish the Brown v. Board of Educa-tion National Park in Topeka, Kansas,which opens this year.

To the reader: An excellent web sitecompiling a wealth of interestinginformation about the history of AfricanAmericans, the law, and the struggle forcivil rights can be found atwww.uchastings.edu/wingate/african-.htm, a site created by U.C. HastingsProfessor Keith Wingate.

The CHBA Newsletter is pub-lished by the Charles Houston BarAssociation. All rights reserved.Reproduction in whole or in partwithout permission is prohibited.The opinions expressed by con-tributors are not necessarily theopinions of the publisher. Pleasecontact CHBA to learn moreabout this publication. Visit uson-line or call our hotline at 415-289-7004.

Graphic Design:ASD Studio 510-908-3499website: www.asdstudio.com

Printing:Your Printer 415-821-1898

www.charleshoustonbar.org

4

2004 CHBA

New JudgesBetween 1999 and 2003, Gov. Gray Davis made 360 judicial appointments, representing about one-fifth ofthe state bench. About 9% of them involved African Americans (i.e. 31 appointees). Burt Pines (nowJudge Pines) said of his former job reviewing judicial candidates on Davis’ behalf: “I have high standards, asevidenced by the people I’ve recommended to the governor.” CHBA concurs. We welcome three superblyqualified new appointees to Alameda County Superior Court: the Honorable Beverly Daniels-Greenberg,the Honorable C. Don Clay, and the Honorable Evelio Grillo.

Beverly Daniels-GreenbergCHBA member Beverly Daniels-Greenberg was appointed on August 13, 2003.Her prior legal career was one of public service, having sat as a court commissionerin Alameda County handling family law and juvenile cases. Before that, she spentmany years as a trial lawyer in the public defender’s office working on hundreds offelony, misdemeanor, and juvenile cases. In addition to CHBA, Judge Daniels-Greenberg is also a member of CABL, the California Judges Association, the AlamedaCounty Bar Association, Women Lawyers of Alameda County, and has served onthe Board of the East Bay Center for the Performing Arts. She earned a Bachelor ofArts degree from the University of Illinois, a Master of Education degree fromLoyola University, and a Juris Doctorate from Lincoln College of Law. She fills the

vacancy caused by the passing of another great CHBA member in 2002, the Honorable Judge Kenneth E.Norman.

C. Don ClayC. Don Clay took the oath of office on September 30, 2003. In February, a formalceremony in his honor featured remarks from his friends and colleagues includingJudge Thompson Stanley, G. William (Billy) Hunter (Exec.Dir. of the NationalBasketball Players Association), and U.S. Attorney Kevin Ryan, among others.

“Anyone who has tried felony cases in the past 10 or 15 years knows who Don Clayis,” once said Alameda County D.A. Darryl Stallworth. A well-respected privatecriminal defense attorney in Alameda County since 1981, Clay also maintained apresence in San Francisco politics, serving at various times on its Juvenile JusticeComm’n, Juvenile Probation Comm’n, and the Fire Comm’n. In the East Bay, JudgeClay has been a director of the Wiley Manuel Law Foundation and has worked with

a host of other community groups.

At the time of his judicial appointment, Clay was First Assistant U.S. Attorney for the Northern Dist. of Cal.A graduate of U.C. Hastings Law School, he filled the vacancy resulting from the passing of Judge RichardIglehart.

Evelio M. GrilloHarvard Law School graduate Evelio Grillo practiced civil litigation before beingnamed to the Superior Court bench. At the time of his appointment, he led theOakland-based firm of Grillo & Stevens practicing business torts, contract disputes,civil rights, and employment cases. His previous employment included positions atthe prestigious firms of Pettit & Martin, Levy Samrick & Bernard, and Arnelle HastieMcGee Willis & Greene. Among his many accomplishments as a lawyer, JudgeGrillo served as a temporary judge in the Oakland/Piedmont/Emeryville small-claimscourt and as a judicial arbitrator, discovery referee, and special master. He taught atOakland College of the Law and was named its Dean of Instruction. The judge alsomangaged to find time to lend his talents to the State Bar’s Committee on Rules and

Procedures of Court and as an editorial board member for Matthew Bender’’s California Forms of Pleadingand Practice.

He holds bachelor’s and master’s degrees from the University of California, Berkeley.

5

NEWSLETTER, ISSUE ONE

IS YOUR CLIENT’S LITIGA-TION RECOVERY TAXABLE?By Lenora Roland Taylor, Esq.

Attorneys must understand thetax consequences of their clients’recoveries.Lawyers cannot afford to shy awayfrom the tax aspects of litigation re-coveries. Failure to anticipate and dealwith a client’s tax liability can resultin claims of legal malpractice. Thus,it is critical to either have at least abasic understanding of the tax aspectsof your client’s award or hire a taxattorney to address such issues withyour client.

The Internal Revenue Service willconsider several documents if it seeksto assess the tax liability of ataxpayer’s recovery. In settlementagreements, lawyers must thereforeconsider the language of the settle-ment document. With jury verdicts, itis very important to obtain a break-down of the award (i.e. back wagesor physical injuries). Even when draft-ing an initial complaint, the lawyermust be mindful of tax consequenceswhen considering what damages torequest.

As a tax attorney, I often representclients who are disputing with theI.R.S. over issues that could have eas-ily been resolved if certain tax issueshad been addressed during litigation.This article will attempt to simplify theissues and give the reader a basic un-

derstanding of some of the impor-tant underlying concerns.

WHAT IS TAXABLE?Most of you probably know thatSection 104 of the Internal Rev-enue Code provides an exclusionfor personal injury recoveries. TheCode was radically changed in1996 to reflect that the personalinjury must now be “physical.”The term “physical” is not specifi-cally defined. However, it is clearthat emotional distress recoveriesand employment litigation in gen-eral were areas targeted by thenew definition as taxable. The leg-islative history states that awardsfor headaches, insomnia andstomach aches are not physical,and are thus taxable. All other is-sues have been left to court inter-pretation.

Another change to section 104 re-lates to reimbursements frommedical expenses and punitivedamages. Punitive damages arenow taxable. Likewise, if a plain-tiff has reimbursed medical ex-penses, even if for emotional in-juries such as psychiatrist bills,these expenses are not taxableeven if there was no “physical”injury.

The law now requires that for amonetary award to be excludedfrom income it must result from aphysical injury (i.e concussion)not a nonphysical injury (i.e. emo-tional distress). If a plaintiff isparalyzed as a result of an acci-dent and also suffers emotionaldamages as a result of the injury,the full damages are excludedfrom income because the initialdamages were physical. However,if the “physical” illness arises fromemotional distress, the discussionfollowing the changed law statesthat it is probably not excludablebecause it is considered a meresymptom of the underlying dis-

tress. Predictably, there has beenmuch nationwide litigation overwhat is considered a physical,hence untaxable injury award, andwhat is not. Therefore, it remainsa very hot, debatable issue.

CONCLUSIONIn defining the nature of damagessought, lawyers should be as spe-cific as possible in the complaintand/or settlement agreement. If,for example, the damages arisefrom a physical injury, be sure tospecify what that injury is and thedamages flowing from it. Substan-tial senseless litigation occurs dueto the lack of specificity in thesecase documents. If you have ques-tions, consult a tax lawyer to as-sist you in the drafting of the docu-ment.

Lenora Roland Taylor is a formertrial attorney for the I.R.S. andnow specializes in tax defense andlitigation. Her practice is locatedat 109 Jackson St., Ste. 240, Hay-ward, CA 94544, 510-581-1963,www.lawyers.com/lrtaylorlawE - m a i l :ltaylorlaw@earthlink.net. Ms.Taylor is also the current treasurerof the Charles Houston BarAssociation.

Civil Litigation

YOUR HELP IS NEEDED!

CHBA is archiving its history atthe African American Museum andLibrary at Oakland. Please searchyour personal records for old news-letters, Gala Dinner Dance pro-grams, photographs, newspaperarticles about our members andtheir achievements, and any otherCHBA memoribilia.

Contact Editor Charles Smiley at510-272-6651 to donate yourpieces of CHBA history to the li-brary!

6

2004 CHBA

On December 6, 2003, members and friends gathered at the Hilton Oakland Airport Hotel for the 2003Charles Houston Bar Association Gala Dinner Dance. The event was entitled “Celebrating Brown v.Board of Education: 50 Years Later, Reaffirming and Redefining the Legacy.”

Both Anthony Capozzi, President of the State Bar of California, and National Bar Association PresidentClyde Bailey presented keynote remarks. As Master of Ceremonies, Judge Horace Wheatley kept theprogram moving as we honored our own with CHBA’s traditional awards.

The Honorable Thelton Henderson spoke about his lasting friendship with Hall of Fame Inductee HarryBremond, Esq., a longtime partner at Wilson, Sonsoni, Goodrich & Rosati.

John L. Burris (prominent civil rights attorney and Past President 1979) received the Clinton W. WhiteAdvocacy Award for his exemplary work respresenting plaintiffs in Allen et al. v. The City of Oakland, apolice misconduct suit that settled for over ten million dollars. A previous recipient of the AdvocacyAward, Pamela Price, presented the award to him.

Member J. Dominique Pinkney and the late Faith Fancher were presented the Benjamin Travis Commu-nity Service Award. Pinkney, an Alameda County public defender, was recognized for co-founding andadministering CHBA’s College Awareness Advisory Program, a program where professionals visit Oak-land high schools to encourage teenagers to pursue higher education.

Fancher, a well known KTVU television broadcast journalist, supported CHBA for many years and hadserved as Master of Ceremonies at previous Galas before her untimely passing. When diagnosed withbreast cancer in 1997, she shared her pain, progress, and medical visits with the people by creating athree-part report called “Faith’s Story” that raised breast cancer awareness.

The Corporate Recognition Award went to Wells Fargo and was accepted on the company’s behalf byStanley Stroup, Executive Vice President and General Counsel. Communication Chair, Charles Smiley,received the President’s Award for service to the organization.

CHBA awarded academic scholarships to student members Na’il Benjamin, Kweli Coleman, WykeishaOrr, and Joel Young. This year, we thank Drucilla Ramey, Fred Jordan, Dr. LeVell Holmes, Ph.D, and theErnest and Harriett Clark Trust for their generous financial contributions to our scholarship fund.

The Honorable Carl Morris (Alameda County) installed the 2004 executive board. Back for his secondconsecutive year as President, Vernon C. Goins closed the program by setting forth his agenda for thenew year.

Special thanks to Gala Committee Chairperson Kimberlei D. Evans and event planner Resources 4 Youfor creating a top-notch evening for our distinguished members and guests. We also recognize andextend gratitude to our platinum sponsor Orrick, Herrington & Sutcliffe, LLP.

2003 Gala

Annual Tradition

7

NEWSLETTER, ISSUE ONE

Installation of the 2004 CHBA Executive Board of Directors

(l-r) Hon. Benjamin Travis; NBA President Clyde Bailey; State Bar ofCalifornia President Anthony Capozzi; Oakland City Attorney John Russo;Hon. Horace Wheatley; Demetrius Shelton (State Bar Bd. of Govenors); andPresident Vernon Goins

Harry Bremond, Esq.Young Lawyers Chair Kwixuan Maloofwith student scholarship winners

Dinner Dance8

2004 CHBA

District Attorney, Kamala Harris

Kamala Harris

New SolutionsHailed as a “top flight prosecutor”by the San Francisco Chronicle,Charles Houston Bar Associationmember Kamala Devi Harriswas elected District Attorney ofSan Francisco winning theelection with 56% of the vote.Making history as the first AfricanAmerican woman to ascend to theoffice of District Attorney in thestate of California, she bestedincumbent Terence Hallinan in awidely publicized and hotlycontested election last year.

”It’s time for new solutions,” shetold The Recorder whilecampaigning. “A modern D.A. hasto work with community groupsto address root problems that leadto crime.”

Long before she decided to runfor District Attorney, Harris hadalready put this philosophy intoaction. As a community leader,she founded and served on theboards of various San Franciscoservice organizations such as theCoalition to End the Exploitationof Kids (a group addressing theproblem of child prostitution), theS.F. Child Abuse PreventionCenter, Partners Ending DomesticAbuse, and the “Matches” YouthMentoring Program. She findsthat her ability to walk in many

different communities helps tounderstand the problemsconfronting today’s criminaljustice system, crime, andcrime’s impact upon ourcommunities.

Part of her plan for a safer SanFrancisco includes implementinga management overhaul aimed atimproving conviction rates forviolent and serious felonies. Hervision also calls for a strongercommunity-based approach tosuppress violence. “To giveneighbors a voice, I will createNeighborhood Crime Councilsthat will act as a forum for theDistrict Attorney’s office tolisten to the particular crimeproblems of that community andhelp determine how the officeuses limited resources toimprove our neighborhoodquality of life.”

No one said it would be easySan Francisco Police OfficerIsaac Espinoza was fatally shotwhen he and his partner stoppedto question 21-year-old DavidHill on April 10th. Police ar-rested suspect Hill the next day,Easter Sunday. That morning,Harris immediately went to thepolice department to help steerthe investigation.

The murder of a police officer isa crime that may be punishableby life in prison without paroleor by death. At an April 13thpress conference, Harrisshocked the police communitywhen she announced that heroffice would seek life imprison-ment without possibility ofparole, not death. The an-nouncement sparked front-pagenewspaper articles and editorialsvoicing both praise and criticism.

The voices have been loud.Sacramento politicians haveseized upon the opportunity tocomment. Senators Diane

Feinstein and Barbara Boxerhave injected their disapprovalof Harris’ decision. New PoliceChief Heather Fong requestedHarris to reconsider. In May,police officers and their familiesmarched to City Hall to demandthat the prosecutor’s office seekdeath.

Still, according to a recent pollof San Francisco voters con-ducted by David BinderReasearch, 70% supportedHarris’ position not to seekdeath. Binder interpreted thisresult to mean that “Voters aresaying that campaign promisesshould mean something.”

Like her predecessor Hallinan,Harris campaigned on a pledgenot to pursue capital punish-ment. She has stayed true tothat promise.

“We are confident any otherprosecutor reviewing the facts ofthis case will conclude that wecame to the right decision,” saidRuss Guintini, Harris’ ChiefAssistant and a former AlamedaCounty D.A.

Harris herself firmly predictedher decision would stand upbefore any review. “I made anhonest decision,” she toldreporters. The California Attor-ney General’s office conductedsuch a review and found thatHarris’ call was not an abuse ofdiscretion in light of the facts ofthe case and other circum-stances.

“It has not been pleasant at all,”Harris summed up recent experi-ences to the Oakland Tribune,“but no one said this is supposedto be a pleasant job. Our busi-ness is dealing with some of theworst human conduct imagin-able.”

9

NEWSLETTER, ISSUE ONE

S.F. District AttorneyTHANK YOU

Accountability is KeyRegardless of what one may thinkabout capital punishment, legalpractitioners understand theconcept of accountability. It isthe cornerstone of the justicesystem and germane to anymeaningful notion or pursuit ofjustice. Not only does the judicialsystem seek to hold wrongdoersaccountable for their misconduct,lawyers must too hold themselvesaccountable for their role in theprocess. Only by holding them-selves accountable can they hopeto make the justice system, andthe legal profession, worthy ofpublic faith.

By standing firm on her decisionafter considering the merits of thecase and her campaign pledges,Harris exemplifies the profes-sional and political integritywhich one can only aspire to havemore public servants emulate.Democracy demands no less.

Harris, 39, has devoted the fullresources of the office to the Hillcase. Her team has also beenreviewing San Franciso’s bailschedule to argue for increasingbail in cases involving serious orviolent felonies where firearmsare used, thus making it moredifficult for a person charged withsuch crimes to be released onbail. These activities, amongmany others, are parts of heroffice’s comprehensive approachto curb community violence andincrease public safety.

Career District AttorneyRaised in Berkeley, CA, DistrictAttorney Harris graduated fromHoward University where shestudied economics and politicalscience. Her interest in the lawwas sparked in part by her expo-sure growing up in the 1960s and70s in Berkeley. Recalling thosedays, Harris told the Tribune shehad been “surrounded growing upby doers --- there was a great

level of intolerance for anyonewho dared to utter a problemand not suggest a solution.”

Harris obtained a Juris Doctoratedegree from U.C. HastingsCollege of the Law and promptlybegan working as a prosecutor inthe Alameda County DistrictAttorney’s office after gradua-tion. She spent her first nineyears of practice as a trial lawyerthere.

In 1998, the San FranciscoDistrict Attorney’s office re-cruited her to work as its careercriminal unit’s managing attor-ney. Harris remained therebefore moving to the San Fran-cisco City Attorney’s office, ajob from which she launched hersuccessful bid to become SanFrancisco’s top prosecutor.While working at the CityAttorney’s office, she headed thefamily and child services team,bringing her unique talents towork with very difficult familylaw issues.

The San Francisco Chronicleendorsed Harris because the city“deserves a district attorney whocan bring dignity and integrity toan office long lacking it -- andwho can put people behind barswho deserve it.” This, she hasand contines to do.

The Charles Houston Bar Asso-ciation congratulates DistrictAttorney Harris on her historicachievements and rests comfort-ably in the knowledge that SanFrancisco is in good hands.

CHBA relies upon the generoussupport of our members, friends,partners, and sponsors, includ-ing:

Simona Farrise, Gordon Green-wood, Brenda Bruessard, andthe firm of Kazan McClainEdises Abrams Fernandez &Farrise; Past President Robert L.Harris; Fidel and ChondaNwamu; Past President the Hon.Judge Gail B. Berreola; LindbergPorter; Joseph Burton; sup-porter Carl Hackney; Past Presi-dent Thomas Broome; Accoun-tant Michael Steel of WilliamsAdley LLP; Raymond Marshall;Past President DemetriusShelton; Verica L. Lee and thestaff of the African AmericanMuseum & Library at Oakland,CA; Past President RozeniaCummings; California.Com, thehost of our home on the internetat www.charleshoustonbar.org;the State Bar of California; theAmerican Bar Association, theCalifornia Association of BlackLawyers; the Wiley ManuelFoundation; PG&E; DuaneMorris LLP; Thelen Reid &Priest LLP; Williams Adley LLP;Burnham Brown LLP; AllenMatkins Leck Gamble &Mallory LLP; Hanson BridgettMarcus Vlahos and Rudy LLP;Taylor & Goins LLP; BinghamMcCutchen LLP; Golden GateLaw School; the Black Data Pro-cessors Association; the Na-tional Bar Association and Re-gion IX; the Alameda CountyBar Association; SFNABA;ASD Studio for our graphic andweb design; and sustaining lawfirm members Townsend andTownsend and the Law Officesof Charles Tillman Ramsey. Wealso welcome CHBA’s first LifeMembers, Simona Farisse andGordon Greenwood!

10

2004 CHBA

CHBA Past Presidents (l-r) Terry Wiley, DemetriusShelton, Judy Johnson, Rozenia Cummings, and VernonGoins

Frederic White, Dean of GoldenGate University, School of Law

The Hon. Thelton Henderson atthe 2003 CHBA Gala

2004 law school graduates at the U.C. Hastings BLSA Commencement Ceremony

Dr. Ula Jean Bailey, PastPresident EmmaPendergrass, and AttorneyCathye Leonard

2004 Judicial Luncheon: (l-r) Hon. Perker Meeks, Hon. CarlMorris, Hon. Gordon Baranco, and Attorney George Holland

Gallery

Demetrius Shelton

11

NEWSLETTER, ISSUE ONE

ClydeBailey,NBAPresident

2003 Judicial Luncheon Honorees, the Hon. Terri Jackson (L)and the Hon. Trina Thompson Stanley (R) with Past PresidentThomas Broome

CandaceWestmorewith the Hon.Judge GeorgeHernandez

AngelaHoulemardspeaking atU.C.Hastings

Hon. Gordon Baranco, Peter Cohn of the NAACP, and PastCHBA President Bob Harris

Gallery

President Goins with Judges Perker Meeks and CarlMorris

12

2004 CHBA

Region IX & CABLAll About Region IXBy Jennifer Fisher, Region IX Director

As most of you know, and all of you should know, the National Bar Association (“NBA”) is the largest andoldest predominantly African American association of lawyers, judges, legal scholars and law students. EachNBA region represents the affiliate chapters and NBA members within its territory. Mighty Region IX servesCalifornia, Oregon, Nevada, Montana, Washington, Idaho, Arizona, Alaska, Hawaii and Guam.

As one of the largest regions in the NBA, we boast accomplished individual members and chapter affiliates.During the 2003-2004 bar year, our affiliates have been at the forefront of activities supporting the NBA’smission. From defeating Proposition 54 to being a strong voice of dissent against the nomination of JusticeJanice Brown – the region and its affiliates were there.

In an effort to foster connections between affiliates throughout the region, the region launched Region IXOnline, a website at www.nbaregionix.org. In December, the region sent holiday postcards to NBA members.Early this spring, the region hosted a successful, well attended membership event called “Uninhibited Network-ing” - a casual, flirtatious, yet seriously professional event in Beverly Hills, CA. Region IX also conducted aregional qualifying competition for the NBA’s annual Dr. Martin L. King Jr. Drum Major for Justice AdvocacyCompetition for high school seniors.

Still, we feel like our work has just begun!

Region IX encourages you to attend the NBA’s annual convention from August 7-14th in Charlotte, NC -www.nationalbar.org/news/conferences/79th_annual.shtml. To those who have never attended an NBA conven-tion ... OUR convention is a professional and socially enriching week that will inspire, encourage and remindyou of the power you possess to promote social change. The camaraderie you will enjoy and the support net-works you will gain are unparalleled.

In an effort to lower convention attendance costs, the region has launched a Room Share Program to connectattendees wishing to share a room in Charlotte. If you are interested in participating in this program, pleaseemail regionixdirector@nbaregionix.org.

During the convention, Region IX will present the timely legal seminar called “Uncharted Territory: Family andConstitutional Law Implications of Same Sex Marriages for Practicing Attorneys and Judges.” I encourage youto visit our calendar and commit to becoming more involved in the NBA and your local affiliate. Join a divisionor a section, assist in planning activities, suggest events, participate in panels, mentor a law student or younglawyer. With your efforts, this will continue to be a productive and innovative bar year. See you in Charlotte!

Join CABL

The California Association of Black Lawyers (CABL) is the only statewide professional organization in Californiaspecifically existing for the purpose of representing the interests of African American attorneys, judges, law profes-sors, and law students. Since its formation in 1977, CABL has provided leadership in eradicating racism, ensuringjustice within the legal system, securing African American judicial appointments, and building the professional capac-ity of its lawyers and judges throughout the state.

CHBA members co-founded CABL. Since then, our membership continues to constitute its strongest supporters.Through CABL’s unique position, one’s voice can reach and impact the imporant current legal and political issues ofour state and country.

For example, under CHBA member Gillian G.M. Small’s leadership, CABL took the lead on issues impacting theBlack community and those similarly situated. CABL’s contributions last year included joining an Amici brief in theUniversity of Michigan cases Grutter v. Bollinger and Gratz v. Bollinger to affirm the use of race as a factor in thehigher education admissions process, actively and financially supporting the campaign to defeat Proposition 54(C.R.E.C.N.O), and opposing the nomination of Justice Brown to the D.C. Circuit of Appeals.

At the CABL Convention in April 2004, several of the organization’s founders --- including Robert Harris, GeorgeHolland, the Hon. Benjamin Travis, and the Hon. Horace Wheatley -- were appreciated at a special lucheon held intheir honor.

CABL’s future depends upon your involvement. You are invited and encouraged to join. Visit CABL online atwww.calblacklawyers.org to learn more and obtain a copy of their membership application.

13

NEWSLETTER, ISSUE ONE

SpotlightDONNA R. ZIEGLER:General Counsel, Alameda County Medical Center

After serving as Labor and Employment Counsel to the AlamedaCounty Medical Center (“ACMC”) for three years, Donna Ziegler wasrecently chosen to serve as General Counsel in October of 2003. TheAlameda County Medical Center is a public hospital authority com-prised of Highland Hospital, Fairmont Hospital, John George Psychiat-ric Pavilion and several free standing clinics.

Formerly a County agency, ACMC split from the County six years agoto operate as a separate public agency administered by a Board ofTrustees. Ziegler serves as counsel to that board and represents thatgoverning body at all public meetings and in ACMC’s day-to-daymatters. In this capacity, her duties include drafting contracts, policyand procedure, and providing legal opinions that cover a wide range oflegal areas such as labor, employment, civil rights, healthcare and

ethics. As an advocate, the position requires her to monitor the activity of outside litigation counsel, negotiateand recommend settlements, appear at administrative hearings, and defend ACMC in labor arbitrations.

As a hospital, and even more so as a public hospital mandated to serve low income and indigent communities,ACMC’s operations are highly regulated by local, state and federal agencies. Ziegler’s role helps ensure thatcounty medical facilities adhere to these complex regulations.

Her tenure as General Counsel began during a difficult time for ACMC. It faced a $71 million budget deficit,the CEO had just been replaced, Trustees had resigned, and a first round of layoffs had completed. With newleadership at the helm, ACMC has been busy maintaining the high standard of medical care that the public hascome to expect, while wrestling with the challenging problem of providing that care within the constraintsimposed by both the “business of medicine” and the need to maintain a financially viable, self-sufficient institu-tion. Ziegler works to see that ACMC meets its obligations to patients, employees, contractors and the public.

A recent sales-tax measure, Measure A, that passed in March will provide much needed funding for the Center’sservices to the community. This additional revenue however was not enough to avoid layoffs this past Aprilthat, according to news reports, eliminated redundant areas so patient services will not suffer. ACMC has alsobeen the focus of unions, the media, and regulatory agencies as a result of unfortunate events that have cast ashadow over the institution. The unfortunate death of a beloved doctor, allegedly at the hands of a patient, is onesuch incident.

The job is thus not without its challenges. But Ziegler enthusiastically says of her new position: “The attentionand focus that ACMC has experienced, both the good and bad, has created [an environment] rich with theopportunity for me to enhance my skills. I am providing legal services in a dynamic public and political climatefor a client whose business - public healthcare - is a core community concern.”

A past CHBA director in 2002, Ziegler holds both an undergraduate degree in rhetoric and a J.D. from U.C.Berkeley. Before taking her her current position as General Counsel, her legal career involved defendingcounties and state departments in labor and employment matters. She also worked for a time as LitigationCounsel for the California State University system and for the law firms of Gartner & Young and Crosby HeafeyRoach & May.

14

2004 CHBA

Get Involved

In an article from a June edition ofthe Sunday Morning News featuringthe Hon. Judge Gordon Baranco(Alameda County Superior Court), hereminds us that “Those of us whohave been lucky and successfulenough at what we do, have to instillin young people the idea that selfrespect is very important . . .”Indeed, our namesake, CharlesHamilton Houston, devoted much ofhis life to teaching and to communityaffairs outside the courtroom to

realize his vision of the Blacklawyers’ social calling. In our day,the need for the legal community toshare its time, talents, and treasurewith the community is great. You areinvited to explore and contribute tothe following programs that manyCHBA members already support. Ifyou don’t have the time to be amentor or speaker, consider that manyof these programs operate on shoe-string budgets. They can and will putto great use any modest, tax-deduct-ible donation you offer. Theseprograms are uniquely adept atmaking even a little go a long, longway. Please support them; Reach outto our children!

CHBA COLLEGE AWARENESSADVOCACY PROGRAM (CAAP)The College Awareness AdvisingProgram (CAAP) provides lawyersand judges the opportunity to conductinteractive presentations with highschool students. These presentationsinform students how to prepare for,apply to, and finance a collegeeducation. Its aim is also to debunkthe myths that often discouragestudents of color from applying touniversities. CAAP brings itsprogram annually to Castlemont andMcClymonds high schools in the Fall.Please participate and share yourcollege experience with these promis-ing young people. One morning orafternoon of your time can have anenormously positive impact on astudent’s future. To find out more orto join, contact CAAP’s leaders:Attorneys Michael Harris(415.543.9444 or mh@lccr.com), J.Dominique Pinkney (510.272.6600 orjdpink2@aol.com) or Past PresidentDarryl Stallworth (510.272.6222).

THE DARAJA PROJECT(Chabot College)“Deraja,” a Swahili word meaningsteps or stairway, is an appropriatename for this rigorous, year-longwriting, mentoring, and counselingprogram at Chabot College. It is welldesigned to equip African Americanstudents at Chabot with the tools tosucceed in college and in life. CHBAmembers will find it wholly worth-while to contribute to this program bybeing a volunteer mentor. Each year,

the Daraja Project pairs its studentswith an adult mentor who works in afield that interests the student.Mentors serve as role models andguides, sharing information that willinform the student of the steps(academic and extracurricular)required to pursue and thrive in aparticular career. This program isunique in its approach and itssuccesses. At their annual celebra-tion, students uniformly credit Darajafor providing a challenging yetcomfortable learning environmentthat encourages them to transfer fromChabot into four-year universities.Each year, graduates from theprogram – many of them nowprofessionals in their own right –return to support their peers. ContactProgram Coordinator, Jeanne Wilson,at 510.723.6747 or at email addressthedarajaproject@yahoo.com to getinvolved.

THE MATCHES PROGRAMOne of the San Francisco Museum ofModern Art’s acclaimed schoolprograms, SFMOMA Matches wasfounded in 1996 by the Museum’sEducation Department and TrusteeKamala Harris. This unique touringprogram matches teens from five BayArea schools with adult Museummembers. Now in its seventh year,SFMOMA Matches has served morethan 600 youth, providing a fun, safe,and interactive space where youngpeople explore art and ideas, andinteract with adults who share anenthusiasm for the arts.

Every year between October andMay, four “Interactions” are sched-uled. During these events, studentsand their adult hosts become ac-quainted through discussions abouthobbies, careers, school, and art. Formore information, e-mailedu@sfmoma.org , call the SchoolPrograms Office at 415.357.4105 orvisit them on the web at http://www.sfmoma.org/education/matches.html.

THE CROSSROADSMENTORING PROGRAM(CMP)Designed to mentor young adultsages 18-25, the Crossroads Program

We beg you to save youngAmerica from the blight of race preju-dice. Do not bind the children within thenarrow circles of your own lives. Teachthem to hear the song without hating thesinger. Make them understand that it isjust a question of reconciling the wantand desires of different human beings,each equally entitled to life, liberty andthe pursuit of happiness.- Charles Hamilton Houston, at thenational YWCA Convention, May 5,1934

15

NEWSLETTER, ISSUE ONE

Participatereaches out to young, non-violentfelons to steer them towards educa-tion, employment, familyresponsibliity and community service.Particpants are required to obtainemployment, obtain a high schoolequivalency diploma or GED, and toset goals for their future. CMP isoperated by the Hon. Judge LarryGoodman in collaboration withattorneys, probation officers, andcommunity mentors. Contact CharlesSmiley at 510.272.6651 to find outmore.

THE BOYS & GIRLS CLUB OFOAKLAND, CAThe purpose of Boys & Girls Clubsof Oakland is to develop ourcommunity’s youth into positivecontributors to society.” To accom-plish this goal, Director CalvesterStanley works tirelessly to provideprograms and services tailored to theneeds of today’s youth and supple-mentary to the endeavors of families,schools, and other community-basedorganizations. B&GCO provides safeplaces to learn and grow, enjoyongoing relationships with caringadult professionals, participate in life-enhancing programs, and work onindividual character development.Each year, just over 2,000 girls andboys ages 6 to 17 benefit frommembership. Help fulfill B&GCO’smission! The Club strives to expandits capacity to serve an even greaternumber of young people in the nearfuture. Please call the Boys & GirlsClub at 510.444.8211 to find out howto enroll a child, volunteer your time,or make a charitable investment inOakland’s youth.

BENCH BAR SPEAKERSBUREAUThe Bench Bar Speakers Bureau(BBSB) is a program started by theCommunity Focused Court PlanningCommittee, chaired by the Hon.Judge Gordon Baranco. Among otherthings, BBSB recruits lawyers andjudges and matches them withinterested schools and community

organizations to give presentationsabout various legal topics. Thisyear’s theme was “To Win Equalityby Law: Brown v. Board of Educa-tion at 50.” Recent past topicsinclude Juvenile Law, Law as aCareer, and Family Law. Participat-ing speakers are encouraged tosuggest their own topics too! This isa great way to educate and inspireyoung people about the legal systemand the profession. Ask our CHBAmembers who volunteered last yearabout the program (President Goins,Past President Robert L. Harris,Cynthia A. Browning, Bari S.Robinson, Issac J. Vaughn, AdrienneAli, Amiel L. Wade, Donna BunchCoaxum, and Michael Thomas.) Formore information, contact ArmillaStaley at 510.208.4975 orastaley@alameda.courts.ca.gov, orNancy Vue at 510.267.9478 ornvue@alameda.courts.ca.gov.

EDUCATING FOR JUSTICEHeld annually in the month of May,the Lawyers’ Committee for CivilRights of the San Francisco Bay Areabrings dozens of local attorneys andhundreds of East Bay studentstogether to discuss civil rights lawthrough the Educating for Justiceprogram. The four day curriculumincludes discussion on such topics asaffirmative action and juvenile justice.The Lawyers’ Committee providescurriculum packets, backgroundmaterials, and training to assist youwith the program. Next year willmark the program’s 15th straight yearserving Bay Area youth. Call themtoday to join their roster of attorneyspeakers. The Lawyers’ Committeefor Civil Rights invites you to partici-pate! Attorneys of color are especiallyencouraged to volunteer. Pleasecontact Liz Marenco, Lawyers’Committee for Civil Rights for moreinformation or to volunteer at415.543.9444, emarenco@lccr.com

THE ALLEN E. BROUSSARDSCHOLARSHIP FOUNDATION

THE CHBA MENTORPROGRAMThe Charles Houston Bar AssociationMentorship Program seeks to provideopportunities for the personal andprofessional development of newlawyers and law students in the BayArea. The program pairs theselawyers and students with localattorneys and judges who havepracticed in their area of interest.The goal is to provide supportthrough the informal sharing ofexperiences, advice, and information.Armed with knowledge, we aspire tohelp new lawyers make informeddecisions about their career path andmake new friends along the way.Please contact Young Lawyers’ ChairKwixuan Maloof by email to address:Kwixuan_Maloof@ci.sf.ca.us or callhim at 415.553.9637 to enroll.

The Allen E. Broussard ScholarshipFoundation was established in Novem-ber 1996 shortly after the death of Cali-fornia Supreme Court Associate Jus-tice Allen E. Broussard. The goal ofthe Foundation is to provide scholar-ship assistance to minority law stu-dents attending San Francisco BayArea law schools, based on academicperformance, community service andfinancial need. Since 1997, the Foun-dation has provided over $65,000 inscholarships to deserving students. Toassist them in honoring JusticeBroussard’s legacy to assist minoritiesin securing higher education, better jobopportunities, and careers in law, con-tact them at info@broussard-scholarship.org and visit them on-lineat www.broussard-scholarship.org.

16

2004 CHBA

ONLINE TRADING: THEPERFECT PART-TIMEBUSINESS

By F. Douglas Lofton

As a newly licensed Attorney, Iwould typically spend countlesshours developing my legal skills,preparing cases, and building mylaw practice. However, I soondiscovered that while I wasfocusing on practicing law, I wasnot preparing myself financially forthe day that I could choose toleave full time practice . . . whilestill maintaining a roof over myhead! Consequently, I initiallystarted trading online as aneffective means to build wealth formy retirement. Soon after, Idiscovered that trading is abusiness that could provide mewith a viable source of income—just like my law practice. Now at40 years old, I spend the majorityof my time managing my “tradingbusiness” from my home inHawaii.

If you are planning to retire fromthe practice of law at some pointin the future, or wish to scaledown your current level ofpractice, I urge you to considerdeveloping a trading business.Even if you wish to continue “fullthrottle” at the practice of law, atrading business can provideadditional household income thatcan be used to fund yourretirement or college fund.Trading from home is the “perfectbusiness” to enhance your overallquality of life for the followingreasons:

UNLIMITED INCOMEPOTENTIAL. It is possible tomake several thousand dollars ormore a single day. Actually, I havemade hundreds and eventhousands of dollars in a single dayand I am hardly alone.

MORE INCOME WITHOUTWORKING MORE HOURS.You do not have to trade full-time to be successful. Becauseyou can set your own hours, youcan continue practicing law whilesimultaneously generating a nicesource of additional householdincome from trading.

I personally developed and coachpeople on “The 20 MinuteTrading System.” The 20 MinuteTrading System is an effectivetrading strategy for people withfull time jobs. As the namesuggests, you can generateincome trading through a methodthat requires less than 20 minutesper day.

FREEDOM OF LOCATION.If you have a computer andinternet connection or telephone,you can trade for a living fromwherever you choose. I knowanother trader who trades whilehe is traveling around thecountry in his RV!

NO BARRIERS TO ENTRY.You do not need any diplomas ordegrees to trade.

YOU ARE YOUR OWNBOSS. You can make your owndecisions with no one lookingover your shoulder. You can setyour own hours. You are onlyaccountable to yourself and yourdependents. No office politics.No stress about receiving a “pinkslip” during the holiday season,or frustration of trainingsomeone less qualified than youso he or she can then bepromoted over you! (This is theCHBA newsletter so you allknow what I mean!)

THE PERFECTEMPLOYEES. ”DollarWorkers” are the perfectemployees! They do not get sickor take vacations. They do notsue, go on strike or even ask to

be paid! Instead, dollar workersjust love to work, 24 hours aday, 7 days a week, 365 days ayear! Put your dollars to work,and they will work for you forlife! The idea is that your dollarswork so you don’t have to!

HEALTHIER LIFESTYLE.You do not have to deal with thestress of commuting, bosses,employees, clients, co-workers,meetings, and deadlines.Instead, you can concentrate onthings which nourish yourmental, physical, and spiritualhealth.

I can personally attest that youdo not need a lot of time ormoney to become a successfultrader. You also do not need abusiness or professional licenseto trade for yourself. However,you do need a desire to getstarted trading if you have notalready done so! Here’s somegood news: you can get startedmaking extra money as an onlinetrader in less than 24 hours withthe proper trading system andcoaching program!

If you are interested in makingextra money as soon as possibleas an online trader, you can visitmy website,www.barefootdaytrader.com,which offers the “20 MinuteTrading System” Book, StockPicks for the Week, personalcoaching, a free newsletter, and a“Trader Starter Kit.” For moreinformation, you can visit mywebsite atwww.barefootdaytrader.com, orcontact me by email atdoug@barefootdaytrader.com.

Money 17

NEWSLETTER, ISSUE ONE

Under the leadership of President Vernon C. Goins, CHBA has enjoyed increased public exposure and agrowing, connected community of African American lawyers, judges, and law students. We have beenworking to facilitate the growth of individual legal careers, to bring new practitioners and ideas into thefold, and to establish CHBA as a powerful political voice in the community. Take a look at some of whatCHBA has done since our last newsletter:

2003: May: CHBA joined the successful efforts of the California Colatition for Civil Rights to defeatProposition 54, also known as CRECNO; Members attend a production of the African AmericanShakespeare Company’s performance of Othello; CHBA participates at the First Fridays nonprofit organi-zation networking event. June: CHBA co-sponsored a fundraiser for the Family Violence Law Center inAlameda County; We also launched our web site www.charleshoustonbar.org. July: President Goins’brought African American Majority Law Firm Partners of the Bay Area together in S.F. for a luncheon;Our reception for Demetrius Shelton celebrated his victory and new seat on the State Bar of California’sBd of Governors; We enjoyed another performance by the African-American Shakespeare Co.; We sup-ported S.F. Superior Court Judge Mary C. Morgan at her induction ceremony; Over 125 members, family,and friends gathered on a sunny afternoon for the Membership Appreciation BBQ. Aug.: CHBA repre-sented northern California at the NBA Convention in New Orleans; In San Francisco, CHBA co-hosted areception for ABA President Dennis Archer and President-Elect Robert J. Grey during the ABA AnnualMeeting; CHBA co-sponsored a speakers training seminar to stimulate activism against C.R.E.C.N.O.Sept.: General membership meeting. Oct.: We co-sponsored an educational seminar entitled “So YouWant To Be A Judge?” which advised lawyers about the judicial candidacy processes. Nov.: CHBA’sCollege Awareness Advising Program returned to McClymonds and Castlemont High Schools to talk withteens; Another general membership meeting and board elections were held. On December 6th, CHBAclosed out 2003 with its Annual Gala Dinner Dance at the Oakland Airport Hilton.

2004: Jan. The new executive board meets to begin plans for 2004. Jan 29: CHBA joins other profes-sional organizations to co-host a networking mixer in S.F.; Feb 9: CHBA assembles its past presidents fora special dinner and meeting in Emeryville; Feb 11: General membership meeting held at the home ofFidel and Chonda Nwamu. At that meeting, the Hon. Judge John Sugiyama of Contra Costa Countyrequested CHBA’s support in his bid to retain his contested seat on the bench; Feb 18: Along with BDPA,we hosted a meet-the-candidates forum entitled “The Future of Bay Area Politics” featuring Nate Miley,Keith Carson, Melanie Shelby and others. Feb 19: CHBA and Duane Morris LLP held a reception fornewly elected San Francisco District Attorney Kamala Harris. The program featured speakers GaryBurton, Esq., City Attorney Dennis Herrera, CABL President Gillian Small, and our own President Goins.Addressing the crowd, Harris thanked her supporters and outlined plans for the hard work ahead. Feb21: Over 100 family and friends gathered at the home of Carl Hackney for the second Annual SoulfoodPotluck. Feb 24: CHBA Presidents Bob Harris, Demetrius Shelton, and Vernon Goins hosted a recep-tion, open to the community, for District Attorney Harris. Feb 28: CHBA co-sponsored CABL’s BlackHistory Celebration commemorating the fiftieth anniversary of Brown v. Board of Education. CherylBrown Henderson, daughter of plaintiff Oliver L. Brown, delivered the keynote address. March: Incollaboration with other professional organizations, members participated in a seminar entitled “PropertyOwnership – A Wealth Building Workshop.” March 19: CHBA held its annual Judicial Luncheon honor-ing Superior Court Judges the Hon. Perker L. Meeks, Jr. (San Francisco County) and the Hon. CarlMorris (Alameda County). March 24: Social happy hour at Verbena Restuarant in Oakland. April 22:Reception in Honor of Frederic White, Jr., Dean of Golden Gate Law School. April 23: Third CHBAAfrican American Majority Law Firm Partners Luncheon; April 29 - May 2: CHBA supports the CABLAnnual Conference “Gatekeepers of Justice” at the Oakland Marriott City Center. The conference in-cluded a luncheon in honor of Robert L. Harris, George Holland, and Judges Benjamin Travis and HoraceWheatley for their role in founding the California Association of Black Lawyers in 1977. CABL namedits Lifetime Achievement Award after Judge Travis.

What CHBA Has Been Up ToMidyear Status18

2004 CHBA

2003: After a well publicized election, member Kamala D. Harris was elected District Attorney of SanFrancisco! She is the first African-American woman to hold such a position statewide. Beverly Daniels-Greenberg, Evelio Grillo, and C. Don Clay were appointed to the Alameda County Superior Court byGovernor Davis. Attorney Jon Streeter, a partner of Keker & Van Nest, became President of the BarAssociation of San Francisco. San Francisco 49ers General Counsel, Edward Goines, has joined Streeteron the board of directors. Alameda County Deputy D.A. Terry Wiley (Past President 2002) will lead theprosecution team in “The Riders” retrial, a criminal case involving the alleged misconduct of three formerOakland police officers. The Wiley Manual Law Foundation’s 22nd Annual Scholarship Awards Galahonored Hiawatha Roberts and Judith Johnson with their Legal Pioneer Award. At its 2004 Gala, theawardees were Kamala Harris and the Hon. Judge Benjamin Travis. The Hon. Judge David Krashna(Alameda County) was presented an award by the National Judicial College for his outstanding work injudicial education in the area of racial profiling and pretext traffic stops. Judge Thelton E. Henderson ofthe U.S. District Court, Northern District of California was awarded the American Inns of Court Profes-sionalism Award, given only to a senior practicing judge or lawyer whose work displays the highest stan-dards of the legal profession. Judge Henderson was also recognized by the Lawyers Club of S.F. and at anAfrican American majority firm partners luncheon. Clinton Killian was appointed Chairman of the Oak-land Planning Commission. Last October, the Honorable Joan Cartwright of Alameda County SuperiorCourt received the Coalition of Minority Bar’s Unity Award for outstanding service to the legal community.2004: Golden Gate University School of Law named Cleveland-based law professor, Frederic White Jr.,as its new Dean. The Hon. Willie L. Brown, Jr. received the U.C. Hastings Medal of Achievement at thelaw school’s Founder’s Day Luncheon in February. Christopher Edley Jr., a Harvard University lawprofessor and national leader in civil rights law and public policy, has been named Dean of the University ofCalifornia, Berkeley, School of Law (Boalt Hall). Member Teveia Barnes will receive the ABA MargaretBrent Award at the Annual Meeting in Atlanta. Among other accomplishments, Barnes founded Lawyersfor One America, a non-profit organization dedicated to promoting greater racial and ethnic diversity in thelegal profession and providing civil pro bono legal services to local underserved communities. Tony Westmade partner at the San Francisco law firm of Morrison & Foester. He joins ranks with fellow CHBAmember Annette P. Carnegie. Leadership is the theme of this year’s Spring Summit organized by the StateBar of California. Among the speakers at the event was Robert Grey Jr., President-Elect of the ABA.Past CABL President Gillian G.M. Small gave the keynote address at the Hastings BLSA graduation onMay 22. Last year’s CHBA Executive Board Member Angela Houlemard was named UC Hasstings’BLSA Alumnus of the Year. Past President Demetrius Shelton received CABL’s Loren Miller “Lawyer ofthe Year” Award. Shelton has served on the Board of Governors of the National Bar Association since1998, most recently as the Chair of the organization’s Government Lawyers Division. Making history, hewas elected in 2003 to the Board of Governors of the State Bar and thus became the first African Americanto represent the 3rd District which includes Alameda, Santa Clara, San Mateo and Contra Costa Counties.On May 1st at CABL’s 27th Annual Installation & Awards Dinner, the Honorable Judge Trina ThompsonStanley received the Judge of the Year Award. Member Gillian G.M. Small, as 2003-2004 President ofCABL, gets kudos for extending the organization’s voice nationwide to impact federal judicial appoint-ments, to help defeat Ward Connerly’s C.R.E.C.N.O. initiative, to support the University of Michigan inGratz v. Bollinger, and for educating the local community about the import of the Brown v. Board ofEducation decision. Also in the news: United States District Court Judge Phyllis Hamilton (N.D. Cal.)ruled that the Partial-Birth Abortion Ban Act, heavily backed by the White House, was unconstitutional,could endanger women’s health and violate their right of access to abortion. The case has been viewed asthe most significant abortion rights case since the U.S. Supreme Court decided Roe vs. Wade 30 years ago.Hamilton, a former state public defender, Alameda County Municpal Court Commissioner, and U.S. Mag-istrate, was appointed to the Federal District Court by President Clinton in 2000. In memorium: AlbertineDouglas Radford, a former Vice President of CHBA’s Judicare Legal Services in Oakland passed away onMarch 21, 2004. She was 86. Her long service as a dedicated volunteer to many community groups wasacknowledged last year when Oakland City Councilmember Larry Reid sponsored a proclamation namingJune 3, 2003, Albertine Douglas Day.

Members & News 19

NEWSLETTER, ISSUE ONE

Reports

HEADNOTES

CHBA Email List Serve

Did you know that theCHBA Email List Servebroadcasts legal and com-munity news to thousands?

Since 2004 began, the listserve has informed recipi-ents of over 50 legal com-munity events in the BayArea, announced over 30legal job opportunties(everything from in-housecounsel, to teaching andboard positions), and helpedpublicize over 30 eventsand fundraisers for ournonprofit and communitypartners, CLE trainings, andnews about our members.

Join the list-serve today tostay informed! ContactPresident Vernon Goins atvgoins@thebusinesslawyers.comto get our news and staycurrent!

2004 CHBA EXECUTIVEBOARD

PresidentVERNON C. GOINS IITaylor & Goins, LLPOakland, CAvgoins@thebusinesslawyers.com

Vice PresidentJENNIFER MADDENAlameda County D.A.Oakland, CAjennifer.madden@acgov.org

TreasurerLENORA TAYLORLaw Offices of Lenora TaylorHayward, CAltaylorlaw@earthlink.net

SecretaryTAMIZA HOCKENHULLS.F. City Attorney’s OfficeSan Francisco, CAtamiza.hokcnehull@sfgov.org

Membership ChairSHARI HOLLIS-ROSSUnited States Postal ServiceSan Francisco, CAshari.hollis-ross@usps.gov

Community Action ChairLINNEA WILLISTaylor & Goins, LLPOakland, CAlinnea_willis@hotmail.com

Communications ChairCHARLES A. SMILEYAlameda County PublicDefenderOakland, CAcsmiley@co.alameda.ca.us

SAVE THE DATE!

The Annual Gala DinnerDance will be held on

Saturday, December 4th,2004 at the Oakland Airport

Hilton.

We encourage members,friends, community organi-

zations, law firms, andcompanies to join us as wecelebrate another amazing

year.

For more information aboutthe Gala, please contactexecutive board member

Kimberlei Evans at415-289-7004 or

evans@lbbslaw.com.

Social ChairKIMBERLEI D. EVANSLewis, Brisbois, Brisgard &Smith, LLPSan Francisco, CAevans@lbbslaw.com

Young Lawyers ChairKWIXUAN MALOOFS.F. Public Defenders OfficeSan Francisco, CAkwixuan_maloof@ci.sf.ca.us

Judicial ChairMONICA WILEYSan Francisco City Attorney’sOfficeSan Francisco, CAmonica.wiley@sfgov.org

General CounselR. MANUEL FORTESHines & ThomasSan Francisco, CArmfortes@sbcglobal.net

Legal Services ChairJOHN T. BELLByers, Bell & WarrickOakland, CAjohnbell@bayareajustice.com

Financial ChairTAMMIE LINDSEYLaw Offices ofTammie N. LindseyCastro Valley, CAtammielindseyesq@sbcglobal.net

Budget CommitteeNEDRA SHAWLERAlameda County CounselOakland, CAnedra.shawler@acgov.org

20

CHARLES HOUSTON BAR ASSOCIATION 2004 MEMBERSHIP FORM

Please Circle: New Member Current Member Change of Address

Name : Last First M.I.

Firm/Employing Entity :

Business Address :

Mailing Address :(if different from above)

Business Phone: Fax Number :

Undergraduate : Law School :

Legal Emphasis/Specialty :(Please describe in detail, this information will be used for the CHBA Directory)E-mail Address :(please provide)How Did You Hear About Us? Please Choose One:

Newsletter CHBA Activity/Event I am a former memberCHBA Mailing Other (Please Describe)CHBA Member (name)

Please Choose One Of the Categories Below:1. Regular Member (member of California Bar) $ 65.00 (member of California Bar for less than one year) $ 55.002. Member of the Judiciary $ 65.003. Associate Member (member of out-of-state bar) $ 55.004. Contributing Member (law school graduate but not member of any bar) $ 45.005. Student (any person enrolled in law school, dues cover school year) $ 20.006. Sustaining Member (law firm, professional legal corporation) $500.00

Amount enclosed (check payable to CHBA): $

Yes, I would like to make a contribution to the CHBA Student Achievement Scholarship fund, enclosed is my check in theamount of $ , made payable to CHBA.

Please check if you do NOT want to be included in the CHBA directory.

Enclosed is an additional $5.00 for you to send me a commemorative CHBA Lapel Pin.

Yes, I am interested in working with the following committees (choose no more than 3):Communications/Newsletter Finance Member ServicesCommunity Action Judiciary MembershipMCLE Legal Services SocialDinner/Dance Young Lawyers

Mail to: Shari Hollis-Ross, Membership ChairCharles Houston Bar Association

P.O. Box 1474Oakland, CA 94604

Tax ID#: 93-1030671Dues are payable January 1st of each year. If you have paid your 2004 dues, please forward this form to a friend.

For a listing of CHBA meeting and events, contact the CHBA Hotline at (415) 289-7004.

369 Pine Street, Suite 627 • San Francisco, CA 94104Phone 415.403.1300 • Fax 415.781.7290

Jerome@FishkinLaw.com

Ethics Advice Expert Witness State Bar Defense

Jerome FishkinAttorney at Law

www.FishkinLaw.com

Every few days, new court decisions affecting California attorney conduct are filedI summarize these cases on the What’s New page at www.FishkinLaw.com

ATTORNEY CONDUCT MATTERS

A-V Rated by Martindale-Hubbell

Feel free to contact us at:The Charles Houston Bar AssociationPO Box 1474Oakland, CA 94602

Charles Houston Bar AssociationPO Box 1474Oakland, CA 94604

CHBA UPCOMING EVENTSJuly31 CHBA Membership Appreciation BBQ (TBA)

August5 - 10 ABA 2004 Annual Meeting, Atlanta, GA7 - 14 NBA 79th Annual Convention, Charlotte, NC

September9 CHBA General Membership Meeting18 First Year Law Student BBQ23 Reception for Dean Christopher Edley, Jr.25 Student Interview and Resume Writing Workshop

October1 CHBA Scholarship Applications become available1 - 4 Annual Jurists on the Sea Cruise7 - 10 State Bar of California 2004 Annual Meeting

Monterey, CA13 Minority Coalition Bar Unity Reception

November12 Deadline for CHBA Scholarships18 General Membership Meeting / Elections

December4 2004 Gala Dinner Dance & Toy Drive

PLACESTAMP

HERE

Visit us on-line atwww.charleshoustonbar.org

JURISTS AT SEAOCTOBER 1st-4th, 2004

COME SAIL WITH THETHE CHARLES HOUSTON BAR ASSOCIATION

3 DAY CRUISE TO ENSENADA, MEXICO

FOR MORE INFORMATIONCONTACT

ROZENIA CUMMINGS AT 925-823-8611DEMETRIUS SHELTON 510-558-3388