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December 3, 2010
Reporter: Cal Lee Editor: Ron Brown Photographers: Tom Black
President: Thomas Peeks, 2010 - 2011 |
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 | | Ray to the rescue, again! |
DEEP BREATHING
Since no one else responded to the call for a Thought, the Prez scraped the top of the barrel again and called on Ray Welles, who intoned, "Life is not measured by the breaths you take, but by the moments that take your breath away." Such as one of Ray's sermons.
GUESTS
Rotarians: Nada.
Others: Nancy Baglietto, East Bay Regional Parks and definite prospect
David Klug, victim of Home Team kidnapping
Susan Gelmis, speaker
'TIS THE SEASON FOR CELEBRATIONS
 | | Must have been great! |
Dave Watson, Bonnie's birthday, Trader Vic's, doesn't remember much.
Al Sevilla, Mr. Trifecta, 30th anniversary 11/20, birthday 11/21, something else mumbled for 11/22, Paul Harris will benefit.
John Fazel, seizing Mary Lou's birthday as an excuse to give a lengthy advertisement of the new Table 24 Restaurant in Theater Square.
John Linneman, Connie's birthday, surprise party at Postino of all places.
Ray Welles, 81st birthday (takes your breath away), he's Thankful.
Jim Brencic, 4 years in the club.
Skip McCowan, doesn't have a clue what 11/22 signifies.
 | | Oh happy day! |
Patti Witalis (welcome, welcome), 6th grandchild, wants more and more of the little darlin's.
All contributed anonymously but no doubt generously.
NEW MEMBER TALK & TALK
Dennis Kuramai has gotten so deeply involved in things Rotarian that it's hard to think of him as a new member. But that didn't get him out of the dreaded New Member Talk.
As in all things, Dennis's preparation was thorough. A little too thorough for the Prez's taste, who ruthlessly cut him off when he was only 1/16 of the way through.
 | | Marrying up is a good thing! |
But it was good stuff. Dennis has been fortunate on many counts. A product of the longest period of peace and prosperity ever. All the males in the family - grandfather, father, and New Rotarian - had the sense to marry above their station. (Maggie took his breath away, which made Rev. Welles smile.) Had a 3-year friendship with Maggie, commuting back and forth between SF and NY, before getting married. College and pro soccer star. Master of 10 St. Bernards over the years. Alexander and Thomas look like worthy heirs even at a fairly tender age.
But nobody's perfect. Branded as trailer trash by the 'hood when he and his father insisted on building leaky cars in the front driveway. Taught by Rich Shearer's brothers-in-law at Jesuit HS in Sacramento. They must have sent him on to UCLA, another black mark. Brother is a rock musician.
Anyway, we look forward to Dennis's Rotary career which obviously will be fabulous. We also look forward to his Expose Yourself where he'll presumably have time to finish up.
OTHER GOINGS-ON
 | | Mike's good deeds |
Mike Edwards announced that we are again doing the adopt-a-family program. Gifts through the Salvation Army will be happily accepted by Mike next meeting (that would be Friday the 10th).
Mark Roberts never does anything at the last minute. Well, hardly ever. It does seem that all material on the Reno Train Trip must be turned into him by Monday (that would the 6th). Also, he'll be sending a signup for the Christmas party on line.\
John Linneman announced that next week's speaker
 | | Give me your orders, now |
event will be the return of the [MAN WITH THE MAGIC PEN. Mr. Publisher, I didn't get his name or organization, which I think is well known to everyone else.] He'll be offering his pens with a 10% Rotary discount and another 10% going to Paul Harris. It would be appreciated if you'd let Mr. Linneman know if you're interested.
A little more of Arianne's exotic life was shown on the big screen. A bevy of young actresses in a school play. A trip to Sacramento which involved a lot of flag waving. A football
 | | Life is pretty good |
game of a team which shall remain nameless (hint: she was taken by Don Reichert). "Made in Taiwan" homemade tattoos, miniature golf and go-carts, and Thanksgiving with Buddy/Holly. Christmas trees. Arianne remains poised through it all, even when wearing a Stanford cap down on The Farm.
Gary Fulcher had the luck to not only win this week's raffle, but also pull the elusive white ball.
 | | Way to go, Gary! |
The HOME Team was the beneficiary of Gary's benevolence, as he donated his entire $181 haul to our favorite, hands-on project!
ORDER IN THE COURTROOM
Today's speaker, Susan Gelnis, is the supervising attorney of the Motions and Pro Se Units at the 9th Circuit Court of Appeals. (Pro se is advocating on one's own behalf before a court - you'll have to ask Rich Shearer the difference between pro se and in pro per.) At work she supervises 17 attorneys, 5 paralegals and 4 staff members, while at home she merely supervises her 4 children. Just as important, her son participated in our pumpkin carving.
 | | Susan holds court |
Susan illustrated the importance of the 9th Circuit by observing they are currently handling three cases of somewhat widespread interest: Don't Ask Don't Tell, Proposition 8 (same-sex marriage), and Arizona immigration policy.
She explained the difference between federal and state courts. Federal courts are limited to hearing cases on federal statutes and the Constitution. Perhaps the most important area is individual constitutional rights vs. state law. State courts hear most other matters.
In both the federal and state systems, facts are decided at the trial court level, and there is an automatic right to appeal to the mid-level appellate courts. The 9th Circuit is a mid-level appellate court, which doesn't decide facts, but decides and interprets law. It is by far the largest of the 12 circuit courts in the country. It is headquartered in San Francisco, but most of the judges are based in Pasadena. The cases are heard by 3-judge panels, selected at random. The decisions of these panels are binding unless all the Circuit judges decide the case should be heard en banc (panel of 11 judges). This is the court of last resort for nearly all cases. The U.S. Supreme Court is the only reviewing body, and it takes only about 65 cases per year out of the many thousands who try to get there.
Statistics do indicate the 9th Circuit has the most decisions overturned. But then it has by far the most controversial cases which the Supreme Court is likely to take up.
 | | Everybody...paying attention |
There has been talk about splitting the huge 9th Circuit, but aside from the politics (the judges in fact are from every spectrum), there would be practical problems. This very well-run court would be disrupted by splitting. The vast majority of cases come from the Los Angeles district, two-thirds of the 12,000 cases/year, in fact. Splitting the Central District of California would be impossible.
The administrative judges of decades ago had great foresight to implement uses of staff to help conserve the judges' limited time. There have been very few judges added (some vacancies are not filled by the President and Senate), and the case load has skyrocketed. Through mediation and other techniques, over 50% of cases go away before they get to a 3-judge panel.
In response to a question asking her most unforgettable character, Susan shuddered, and told about an inmate in Kentucky who delights in filing cases everywhere. He has even sued to force the Guinness Book of Records to include an individual record for number of cases filed.
Another colorful character apparently is the judge who the pro-Proposition 8 team is seeking to remove from the case. But if a judge refuses to recuse himself, not much can actually be done at the 9th Circuit level. The issue can be brought up if the case goes to the Supreme Court, although Susan does not think it would be a dispositive issue.
Apparently the building housing the 9th Circuit headquarters is exceptionally beautiful, having been entirely rehabilitated over a 7-year period after being devastated in the '89 earthquake. She encouraged us to take a tour. That would be one of the more pleasurable ways to be inside a courtroom.
CALENDAR
12/10 - Magic Pen Man
12/14 - Board Meeting, 7 a.m.
12/17 - Expose Yourself, Ron Brown
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Rotary Club of Lamorinda Sunrise
PO Box 1491
Lafayette, California 94549
www.lamorindasunrise.org
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