Gathering of Judges, Lawyer in Cougar Case at Fund-Raiser Stirs Controversy

As president of the Orange County Trial Lawyers Assn., I must respond to your article, “Judges Helped ‘Roast’ Attorney in Cougar Case” (Oct. 1).

The article was partially correct since the Orange County Trial Lawyers Assn. did sponsor a charitable fund-raising dinner on Sept. 18 in Newport Beach. The event was a “roast” of Wylie Aitken, a well-known attorney and past president of the association. Almost 300 people attended, including two Appellate Court justices and several Superior Court and Municipal Court judges.

However, your analysis of the facts became misguided by the implication that because the attorney being honored has an Appellate Court case pending and that two justices attended the dinner, that unethical conduct was sure to follow.

It is truly unfortunate that you missed the real human interest story, which should have been titled, “Orange County Trial Lawyers Raise $20,000 to Help Prevent Injuries to Children.”

Frankly, it would be stupidity for an attorney to attempt to discuss a pending case with the judge hearing the case in a social setting. At the minimum, the attorney’s credibility would suffer irreparable damage and he or she could face sanctions from the court or State Bar.

Your article is also a direct insult to two well-respected justices of the Appellate Court. It is inconceivable that merely by attending a charitable function that any judge could have their opinion influenced, in order to manipulate the outcome of a particular case.

Perhaps in the future, your newspaper will publish more feature stories about ethical attorneys who zealously represent their client’s rights and then donate time, effort and money to the community, with no ulterior motive, other than helping others in need.

LAWRENCE S. EISENBERG

Irvine

* Consumers for Legal Reform was founded due to a public outcry for recognition of our civil legal rights. Our goal is to educate the consumer on his rights and responsibilities when getting involved with the legal profession. Another purpose is to monitor judges for misconduct.

Recently, a situation deemed inappropriate was reported in the newspaper. The case in question is the Laura Small case. While an Appellate Court decision was propounding, a dinner and roast took place with these same Appellate Court judges, the attorney representing the plaintiff and the mother of Laura Small. In reading of the pressure these same judges were putting on the Orange County Board of Supervisors to settle the monetary value of the case, it seemed inappropriate to gather these parties in a social set of circumstances.

Our concern is that these judges and attorney would be looked on as “members of the good old boys club,” and not as the pillars of integrity in the legal community that they are.

The members of Consumers for Legal Reform are not strangers to the victimization of innocence, and we feel that the circumstantial evidence may have created such a situation.

BARBARA J. SWIST

President, Consumers for Legal Reform

Irvine