From: Jason Russell to myslef
My colleague Raoul Kennedy does indeed represent Justice Robert Mallano in Mallano v. Chiang et al., LASC Case No. BC533770. As you may know, Judge Elihu Berle granted class certification in Mallano on January 15, 2015. The class members have not yet been identified because notice has not been circulated, nor has the period for opt outs occurred. Nevertheless, regardless of which judges or justices eventually become members of the class, pursuant to section 811.9 of the California Government Code, the “fact that a justice, judge, subordinate judicial officer, court executive officer, court employee, the court, the Judicial Council, or the Administrative Office of the Courts is or was represented or defended by the county counsel, the Attorney General, or other counsel shall not be the sole basis for a judicial determination of disqualification of a justice, judge, subordinate judicial officer, the county counsel, the Attorney General, or other counsel in unrelated actions.” Cal. Gov’t Code § 811.9. As a matter of law, there is no conflict. The statute is attached for your reference.
We are perplexed by your question regarding Mr. Kennedy’s association with Skadden, as the link you sent to us prominently displays a link to Mr. Kennedy’s biography. Nevertheless, Mr. Kennedy’s biography is attached here for your reference, and is also available at ▻http://www.skadden.com/professionals/raoul-d-kennedy.
We trust this resolves your concerns and obviates the need to brief these issues in the California Court of Appeal. Should you choose to ignore the governing statute, we may seek sanctions against you under CCP § 128.7.
Jason