• Capital Clemency Report
• Bioterrorism and National Security
• California Law Revision Commission Submissions
• Grand Jury Reform Project
• Integrated Information Technologies Project
• Materials on Judicial Elections
• Materials on Judicial Involvement in Legislative Processes
• Reports and Studies
• • Government Agency Resource Center
  • Amendments to California Cemetery Law: Technical Corrections and Alienability of Family Plots
  • Jury Verdicts in Insurance Bad Faith Cases
  • California Law Revision Commission Submission
  • California Law Revision Commission Submission
  • California Law Revision Commission Submission
  • Policy Forum - A Retrospective on Election 2000
  • Grand Jury Reform Message from Senator Ackerman's Office
  • Presents a Conference on Leadership Issues in Criminal Justice Policy
  • Constitutional Problems with California's Specialty License Plate Program
  • Jury Verdicts in Medical Malpractice Cases and the MICRA Cap
  • Materials on Judicial Elections
  • Merit Selection of California Judges
  • Materials on Judicial Elections
  • Capital Center Report - April 2001
  • Capital Center Report - April 2002 (Vol. 7, No.2)
  • Capital Center Report - August 2000
  • Capital Center Report - January 2002 (Vol. 7, No.1)
  • Capital Center Report - July 2002 (Vol. 7, No.3)
  • Capital Center Report - May 2000
  • Capital Center Report - October 2001
  • Capital Center Report - October 2000
  • Policy Forum -Our War on Terrorism and The Rule of Law
  • Speech - ERISA Health Plan Liability: Examining Models for Reform
  • Speech - Reflections on Insurance Regulation
  • California Whistleblower Protection Act Amendments

Capital Center Report - August 2000

Kelso Appointed Acting Insurance Commissioner
Clark Kelso, director of the Governmental Affairs Program and the Institute for Legislative Practice at the University of the Pacific McGeorge School of Law, now is serving as Acting Insurance Commissioner for the State of California. Several days before for-mer Insurance Commissioner Chuck Quackenbush’s resignation became effective, Professor Kelso was appointed Chief Deputy Insurance Commissioner. Governor Gray Davis officially named Professor Kelso to the position on July 8. When Commissioner Quackenbush left office on July 10, Professor Kelso became Acting Insurance Commissioner. Professor Kelso will serve until Governor Davis fills the vacancy by permanent appointment.
“My job is to prepare the Department for new leadership and to begin the process of restoring public trust and confidence that the insurance industry is being effectively regulated and consumers’ interests are being properly protected by the Department of Insurance consistent with the rule of law,” said Professor Kelso.
“I will ensure that the day-to-day operations of the Department run as smoothly as possible. California’s consumers expect the Department to be an active and effective watchdog over the insurance industry, and I intend to see to it that the Department fulfills that expectation.”
“Clark will bring independence, integrity, character and competence to his new assignment,” said Dean Gerald Caplan of McGeorge. “It’s an honor for one of our professors to be chosen for such a challenging position.”
The Sacramento Bee reported that Insurance Commissioner Quackenbush and Chief Deputy Attorney General Peter Siggins “decided the replacement should be a lawyer, someone of ‘skill, competence and a high level of integrity,’ and well respected by the legal and political community.”
“To the extent possible, I will avoid making significant policy decisions that can be put off until Governor Davis has selected someone to fill the vacancy in the office of Insurance Commissioner,” said Professor Kelso. “I anticipate a smooth transition to that new leadership.” Professor Kelso plans to return to teaching law when classes resume for the fall semester at McGeorge.

Governmental Affairs Program to Propose LL.M. in Government and Public Policy
In the fall, the Governmental Affairs Program will propose a Master of Laws program for approval by the McGeorge faculty and acquiescence by the American Bar Association.
The program is a one- or two-year, post-J.D. program leading to the award of a Master of Laws (LL.M.) in Government and Public Policy. To receive the LL.M. in Government and Public Policy, students must complete 24 units of study in a program approved by the director, Professor Clark Kelso. The program is designed for (1) recent law school graduates who wish to pursue a career in the public sector, in a private sector law firm that represents public agencies, or in the public policy arena and (2) more experienced lawyers in private or public sector employment who wish to explore public sector legal problems in greater depth in an academic atmosphere.
Details will be described in a future newsletters, after the McGeorge faculty and the ABA have considered the LL.M. proposal.

Governmental Affairs Curriculum Changes
Some changes have been made to the Governmental Affairs curriculum for the 2000-2001 school year. Legislation and the Law of Politics Clinic is now Legislative Process, Strategy and Ethics. Law of the Political Process is now Election Law. Fundamental Rights in Europe and the United States was added to the list of Governmental Affairs classes (offered during summer sessions in Salzburg, Austria). The California Initiative Seminar is a new course.

Nigerian Delegation Visits McGeorge
A delegation of legislative staff members from the Nigerian National Parliament visited McGeorge earlier this year as part of a legislative training program conducted by the California Senate Rules Committee’s Office of International Relations. The Institute for Legislative Practice arranged for the visitors to receive training by Librarians Evelyn Posamentier and Susan Van Syckel on legal and policy research on the Internet. After the training session, Professor Clark Kelso was joined by Professors Keith Pershall, Stephen McCaffrey and Kojo Yelpaala in hosting a luncheon for the visitors.

Institute Hosts Grand Jury Reform Roundtable
On June 1 and 2, Professors Clark Kelso and Michael Vitiello held two half-day meetings with grand jurors, presiding judges and district attorneys from around California to discuss grand jury reform. Discussion topics included:

- whether the Grand Jury in its current form should continue to exercise civil oversight functions,

- whether the target of a criminal Grand Jury investigation should have the right to have counsel present during
questioning,

- whether the selection process for Grand Jury members can be improved, and

- whether the Grand Jury needs more administrative
support.

The Institute for Legislative Practice is undertaking a
thorough review of California statutes and policies dealing with the grand jury.

The project is directed by Professor Vitiello, who will oversee preparation of a final report. He is assisted by Research Assistants Amelia Burroughs 2D, Cristina Johnson 2D, and Michael Soejoto 2D. Professor Vitiello served on the Yolo County Grand Jury and works with the Institute for Legislative Practice on various projects including the Capital Appellate Advocacy Institute.

Institute Legislative Activity
Assembly Passes Justice Information System Bill. A bill that is the product of the Institute’s multi-year effort to promote the development of paperless justice systems passed the state Assembly by a vote of 78 to 0 on May 30. The Integrated Justice Enterprise Information Act of 2000, A.B. 2124, was introduced by Assemblyman Tom McClintock, R-Granada Hills. The legislation would create a task force to develop a plan to maximize the use of information and communications technologies in transactions among federal, state, and local justice system agencies. The bill now awaits action by the Senate. The bill is supported by the California Child, Youth and Family Coalition, California District Attorneys Association, California Peace Officers’ Association, California Police Chiefs Association, Crime Victims United of California, Director Fern M. Laethem of the Sacramento County Indigent Defense Program, and the Los Angeles County Sheriff’s Department. . . . . . Senate Passes Trial Court Employees Bill. On May 25, a bill to establish a new personnel system for trial court employees passed the state Senate, 38 to 0. The Trial Court Employment Protection and Governance Act, S.B. 2140, is the result of draft work performed by Professor Clark Kelso, assisted by David Gonzalez (Class of 2001), Lee Neves (Class of 2000) and Tony Smith (Class of 2000), to implement the recommendations contained in the Final Report of the Task Force on Trial Court Employees. Senate President Pro Tempore John Burton, D-San Francisco, is the author of the legislation, which is supported by the Service Employees International Union, California Judicial Council, American Federation of State, County and Municipal Employees, and the California State Association of Counties. The bill now is being considered by the Assembly. . . . . . Trout Bill Becomes Law. After unanimous passage by the California Senate and Assembly, Governor
Gray Davis recently signed S.B.1487, authored by State Senator William J. “Pete” Knight, R-Palmdale, to repeal Section 2357 of the Fish and Game Code. Repeal of the bill had been recommended by Joel Yang (Class of 1999), Tony Smith (Class of 2000), and Professor Clark Kelso. Under Section 2357, it was a crime to carry a legally-caught trout into an area where the trout season was closed, unless an affidavit attesting to the legality of the transported trout was made before a notary public. However, the Department of Fish and Game had not enforced the provision and supported its repeal.

Kelsos Publish Law Review Article
Professor Clark Kelso and Professor Charles Kelso co-wrote “Statutory Interpretation: Four Theories In Disarray,” recently published in the Southern Methodist University Law Review. The authors assert, “Instead of searching for a general theory of how meaning can be derived from statutes, we should be looking for a general theory of how judges make decisions.” The article applies the four predominant theories of judicial decision-making to U.S. Supreme Court decisions interpreting statutes, and observes:

“The consequence for advocates is that any proffered interpretation needs to be supported not only by an analysis of the statutory language but also by efforts to show that the suggested meaning is in accord with context, including other portions of the same statute, legislative history, and any purposes the Justices may infer were intended by the legislature to be accomplished. A suggested interpretation may also be strengthened if it is the view taken by an agency authorized to administer the law or if it avoids a substantial constitutional issue.”

The article can be accessed at the SMU Law Review website, www.smu.edu/~smulra.

Fifth Graduating Class Earns Governmental Affairs Certificate
McGeorge School of Law awarded Governmental Affairs Certificates to 13 graduates during the 1999-2000 school year. Two graduated at the end of the fall semester; the others received their certificates when they graduated on May 13th. This school year marked the fifth anniversary of the well-respected Governmental Affairs Program and the class of 2000 was the fifth graduating class to have students receive the Governmental Affairs Certificate. The 2000 Governmental Affairs Certificate Recipients are:

I. Hooshie Broomand
Gregory Todd Fayard
Andrew S. Grundman
Heather Lyn Grow McEwen
Eric Benjamin Milstein
Debi A. Nau
Lee J. Neves
Toan-Hao B. Nguyen
Clinton E. Parish
Ingrid Alise Scherschel
Jennifer Joy Schultz (graduated Dec. 17, 1999)
Tamika Michelle Spirling
Thomas Michael Viani (graduated Dec. 17, 1999)

This year’s class brings the total number of certificate holders to 119 in five years. The Governmental Affairs Certificate demonstrates that law graduates are prepared for positions in government and in governmental affairs, as well as for the practice of law.

Newsletter published by
Capital Center for Government Law and Policy
University of the Pacific McGeorge School of Law
3200 Fifth Avenue
Sacramento, CA 95817
Telephone (916) 739-7104

J. Clark Kelso, Editor-in-Chief
Ryan Marcroft, Articles Editor
Priscilla Dodson, Production