• 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 - July 2002 (Vol. 7, No.3)

Kelso Called On By Governor to Clean Up DOIT
Professor Clark Kelso was again called upon by Governor Gray Davis to clean up another state agency marred by scandal accusations. This time, it was the State's Department of Information and Technology (DOIT) that was in trouble.

Set to disappear in July 2002 by the terms of its own enacting legislation, DOIT suddenly became headline news when it was reported that the agency had promoted a no-bid contract with the Oracle software company for a 6-10 year license for database software that, according to a report by the state auditors, may have cost as much as $40 million too much. After the resignation of the Director of DOIT, Governor Davis appointed Professor Kelso as the Chief Deputy and Interim Director of DOIT and the Chief Information Officer for the State. Professor Kelso closed DOIT's offices persuant to a statutory sunset and has begun planning for the future of the State's information technology governance, procurement and management.

Commenting on Professor Kelso's performance, the Governor said that "[a]ll Californians should be proud of Clark Kelso. He is a thoughtful and seasoned administrator. I am grateful that a man of his caliber has made himself available for public service."

In recent days, the State has repealed the contract with Oracle, ending the controversial relationship and leaving the $95 million in the state's coffers. And although the sun has since set on DOIT, Professor Kelso continues to work on establishing a new technology department for the State, the Technology Oversight and Security Unit.

This is the second time Governor Davis has asked Professor Kelso for assistance under these circumstances. The first incident occurred in 2000, when Department of Insurance Commissioner Chuck Quackenbush resigned amid accusations of scandal.

Victims Compensation Proposal In Committee
In the last new letter, the Capital Center Report announced that the Victim Compensation Board had asked Professor Clark Kelso for assistance in consolidating and clarifying the Victim Compensation statues, Government Code § 13959 et. seq. Along with these technical changes, the Board had also requested Professor Kelso suggest any substantive changes that may be necessary. SB 1423, legislation authored by State Senator Chesbro, is the result Professor Kelso, Christopher Felsburg and David O'Mara's work for the Board. McGeorge students Felsburg and O'Mara were given the opportunity to work on the legislation in Professor Kelso's California Legislature: Law Revision Seminar. The legislation is still making its way through the State Legislature; it has passed out of the Senate and is currently awaiting a hearing in the Assembly's Committee on Appropriations.

Course Highlight
Adjunct professors Nancy C. Miller and Kirk E. Trost of local law firm Hyde, Miller, Owen & Trost, have been co-teaching Local Government Law to McGeorge students since 1994. Although Professor Miller taught most of last year's course alone, Professor Trost made a couple of cameo appearances during the year to address certain subject matters. The course offers a unique law school experience to students in the two government programs at McGeorge and to any student interested in learning more about the laws governing local governments. The professors do not hesitate in spicing up the course by bringing in experts in certain subject matters to help teach. For example, Phillip Isenberg, former State Assemblyman and Mayor of Sacramento, who recently worked with Governor Gray Davis on the state budget, taught the course material on budgeting. Ernest R. Hawkins, Sacramento's registrar of voters, taught a section of the course on elections. The course addresses formation of local governments, their sources of authority, application of the federal and state Constitutions, state statutes, policy considerations, and so much more. Furthermore, in each of these subject areas, the professors bring their wealth of knowledge and years of experience to bear an excellent course.

McGeorge Teams Up With The Playing By The Rules,
Youth Citizenship Project
McGeorge and Professor Clark Kelso are taking leading roles in the Playing By The Rules, Youth Citizenship Project. The Project is an effort by community leaders, the Sacramento Bar Association, the Sacramento River Cats, and McGeorge to promote good citizenship, selfless service, and American pride in area high school students. As the Project's Executive Director, Professor Kelso sits on the Project's Advisory Committee, which is a veritable "who's who" of Sacramento county professionals; attorney's, judges, politicians, and other community leaders make up the 60-member board.

As its inaugural step to achieving its goals, the Project recently sponsored a Law Day "Adopt-A-School" program where area legal organizations sent 340 high school students to a River Cats baseball game. There, students received educational materials about law and the legal profession, and a 'ballpark lunch' of hot dogs, chips and drinks. McGeorge donated $1000 to the Adopt-A-School program, which permitted 50 students to see the Law Day game. Other programs McGeorge will be assisting in can be found on the Playing by the Rules website at www.playingbytherules.org

Alumni Profile: Michael Kerr
Michael Kerr had always considered himself a "legislative process junkie". At 16, he participated in a German Bundestag exchange program, acting as a page in the German Legislature. After receiving a Public Policy degree from Stanford University, and upon receiving a J.D. from the University of California Law School, and a Governmental Affairs Certificate from McGeorge (C.G.A. '97), he went on to work for the California State Legislature's Legislative Counsel. There, he worked on several high profile political issues, and quickly gained prominence among state lawmakers. He worked for the state for three years until finally being recommended for a position as Deputy Executive Director for the National Conference of Commissioners on Uniform State Laws (NCCUSL), which he accepted.

NCCUSL is a nation-wide organization that researches and drafts uniform and model state statutes, including the Uniform Commercial and Probate Codes. Mr. Kerr receives ideas for new laws from many sources. After receiving a request to create uniform law, he studies and develops the idea, and finally submits it in proposal form to a scope and program committee. That committee recommends whether a study committee should be appointed to further investigate the matter. If a study committee is appointed, and then later a drafting committee becomes necessary, it is Mr. Kerr's job to get support from legislatures and interested groups for the proposed legislation.

As the Deputy Executive Director, much of Mr. Kerr's life is spent on the road, traveling from state to state, testifying on the technical merits and provisions of the acts NCCUSL recommends. He also spends a great deal of time as a liaison to the federal government, state governments, and various national interest groups, such as the ABA; each having some interest in the proposed legislation. The culmination of Mr. Kerr's work occurs at an annual national conference where state commissioners on uniform state law, each appointed by their respective states, come together to vote on legislation proposed by NCCUSL. If the vote is favorable, then the legislation finally goes to the state legislatures for consideration.

This summer NCCUSL has many projects in the works: a Uniform Apportionment of Tort Responsibility Act; several amendments to the UCC, and a Uniform Securities Act, among others.

Conference on Criminal Justice Policy
The Capital Center for Government Law & Policy recently hosted a conference entitled, Leadership Issues in Criminal Justice Policy, to discuss the emerging issues and trends in criminal justice policy. The Conference, which was divided into four panel groups, attracted many criminal justice professionals, including victims rights advocates; prosecutors and defense attorneys; law school professors; and other distinguished guests and speakers.

Panelists addressed a variety of interesting topics, such as the role of the media in policy making and potential reforms to victims rights laws. California Attorney General Bill Lockyer (J.D. 1986) was on hand during the luncheon break to address attendees of the Conference. Video taped copies of the Conference are available through the Capital Center at 739-7104.

GASA Elects 2002-03 Student Officers
The Governmental Affairs Student Association recently elected student officers for the 2002-03 school year. They are: President, Ryan Marcroft 3D; Administrator, Jenny Ehn 2D; Publicity Officer, Aaron Ralph 2D; Career Development Officer, Matt Benov 2D; Career Development Officer, Mike McDermott 3D. Five additional offices will be open for election in the fall. If you are interested in becoming involved in GASA, look for notices of these elections to appear on the GASA board above the 1L pendaflexes.

Class of 2002
The Governmental Affairs and Government and Public Policy LL.M. programs are pleased to have awarded eight Governmental Affairs Certificates and eight LL.M. degrees for the 2001-02 academic year. This school year marked the seventh anniversary of the respected Governmental Affairs Program and the second year for the LL.M. The Governmental Affairs Certificate recipients are: Kelley Maria Dowell, Ronda Azevedo Lucas, Brian Golding, Sr., Kerri L. Ruzicka, Erin Michelle Haley, Floyd Valentino Vergara, Jennifer Lynn Hippo, and Monica Williamson. The 2002 Government and Public Policy LL.M. graduates are: Brooks Darby Braden, Zachery Paul Morazzini, Jennie Unger Eddy, Clinton E. Parish, Andrew S. Grundman, Patricia Rosen, Paul R. Kraft,
and Laura Ann Strand.

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