Stephen Tulanian, a one-time candidate for judge who was known for taking on some of the toughest criminal defense cases in the local courts, died suddenly on May 2. He was 58 years old.
Tulanian's untimely death left friends and fellow attorneys stunned.
Steve Elias, who has worked as a co-counsel with Tulanian, said he had seen him on Friday night during a get-together with friends at Tulanian's Lower Lake home.
Elias said Tulanian, who he said seemed like “the healthiest guy alive,” was his usual energetic, vital self on Friday, so his death the next day was a shock. Lake County News has not been able to confirm his exact cause of death.
Lakeport attorney J. David Markham is handling Tulanian's cases, according to a message left for those who call Tulanian's Lower Lake office.
Supervisor Rob Brown, who owns a bail bonds business, was friends with Tulanian.
Tulanian was fierce in his defense of clients, and anyone going against him in court had to be on their game, said Brown. “Both sides had a lot of respect for him.”
Tulanian graduated from the University of California, Berkeley, in 1972, going on to get his law degree in 1976 from the University of San Francisco School of law, according to the resume on his Web site.
He went into private law practice in 1977 in Napa County, after achieving an impressive feat – passing the bar exam on the first try.
Tulanian's criminal law practice in Lake County began in 1981.
During his decades of practice his work wasn't limited to the local courts. His Web site states that he appeared in courts in more than 15 Northern California counties, including the United States District Court in San Francisco. His nearly 32 years of practice encompassed more than 200 jury trials, with a focus on criminal cases.
Stephen Carter, who along with wife Angela Carter heads Lake Legal Defense, which handles the county's public defender's contract, said he's known Tulanian since coming here 15 years ago.
“He was a really fine person and a fine lawyer,” said Carter, who noted that he and his wife were saddened by the news because they thought so highly of Tulanian.
Elias called Tulanian a “remarkable trial lawyer” who he used to sit and watch in court out of admiration for his legal technique.
“I never saw anybody as good as him,” said Elias.
Tulanian used those skills to win acquittals in high profile cases, such as the first “Three Strikes” case in Lake County.
But perhaps his most notable victory was in defending Charles “Eddy” Lepp, a marijuana activist who became the first person to be arrested and tried under California's Compassionate Use Act, Proposition 215, which Californian's approved in 1996.
In 1996, the Lake County Narcotic Task Force eradicated 131 mature marijuana plants that Lepp said he had a doctor's recommendation to grow, and charged Lepp with cultivation of marijuana and possession of marijuana for sale, according to a synopsis of the case on Tulanian's Web site.
With Tulanian acting as his defense attorney, Lepp became the first person to be acquitted under the law. Since then Tulanian has been regularly featured in resource lists of the state's medical marijuana defense attorneys.
Lepp, who was at an event on Sunday, could not be reached for comment.
“He was very passionate about marijuana as medicine,” said Elias, calling that stance “a major expression” of Tulanian's politics.
In such a lengthy and varied law practice, defeats are part of the territory, and Tulanian had his share.
In 2000, he ran for judge of Lake County Superior Court's Department 4, losing out to Stephen Hedstrom.
A year later, Tulanian appeared in court to defend a Valencia man in a high-profile murder case.
Tulanian and fellow attorney Judy Conard represented Jeffrey Duvardo, who was accused of killing his elderly parents, Donald and Mary Ann Duvardo of Nice, in March of 1999.
Despite Tulanian's and Conard's expert defense, Duvardo – prosecuted by then-Chief Deputy District Attorney Jon Hopkins – was convicted and sentenced to life in prison without the possibility of parole.
When he wasn't practicing the law, Tulanian had a passion for guitars, said Elias.
“He has an incredible collection of guitars,” said Elias, noting that Tulanian also played music.
Corvettes were another longtime love, although Elias said he hadn't ever been out for a ride with Tulanian in one of his beloved cars.
Carter said Tulanian always had the latest Corvette, and it was a passion he took seriously – going to Corvette driving schools to learn how to get the most out of his cars. He also loved technology and gadgets.
Tulanian had an inquisitive mind and an “excited intellect,” said Carter. “He brought that both to his practice of law and life in general.”
Carter said Tulanian had talked – “off and on” – about retiring. But, like a lot of veteran defense attorneys, he had trouble letting go of his work. Carter said that's because being a defense attorney is a profession in which you can see “on a daily basis the good work you do.”
Unfortunately, he didn't get the chance to retire. But, Brown added, “He liked his job.”
Carter said Tulanian, who was often seen with a friendly smile to match his sense of humor, has been an important figure in the county's legal system.
“He's going to be really missed,” said Carter.
E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..
LAKE COUNTY – The loss of homes to foreclosure across the United States, California and Lake County is showing no signs of slowing, and local Realtors are warning of another wave of foreclosed homes that is about to come onto the market.
The latest news from Irvine-based RealtyTrac shows that foreclosure activity nationwide increased 9 percent in the first quarter of this year over the fourth quarter of 2008, and was up 24 percent from the first quarter of 2008.
In all, there were 803,489 properties – or one home in every 159 homes across the United States – that had some sort of foreclosure filing against them, whether it be default notices, auction sale notices and bank repossessions, in the first three months of this year.
The report noted that March foreclosure activity was up 17 percent over February, and 46 percent over March of 2008.
In Lake County, there were 662 foreclosure filings in the first quarter, up 68 percent from the 393 filings in 2008's fourth quarter, and a rise of 108 percent from the 318 filings in the first quarter of 2008, according to numbers RealtyTrac provided to Lake County News.
The actual number of Lake County homes repossessed by banks was 125 in the first quarter, up from 68 in the same period in 2008, but down from 136 in the fourth quarter of last year.
James J. Saccacio, chief executive officer of RealtyTrac, said they saw a record level of foreclosure activity in March, more than 12 percent higher than the next highest month on record.
The Center for Economic Development (CED), California State University, Chico Research Foundation, will conduct a telephone survey to households and businesses in Colusa, Glenn, Lake, Sutter and Yuba counties.
The survey will be utilized to identify areas throughout the region that are served, underserved or unserved by high speed Internet service.
Economic development and education administrators, Internet service providers (ISPs), local government leaders and other business professionals will be able to utilize the information to make decisions about the services they provide to those in the upstate region of California.
High speed Internet is a critical component of economic, education and business development.
This project is funded by the California Emerging Technology Fund, which was established and funded by the SBC-AT&T and Verizon-MCI merger agreements approved by the California Public Utilities Commission in November 2005.
The fund focuses on “achieving ever-present access to broadband and advanced services in California, particularly in underserved communities through the use of existing and emerging technologies.”
CED has contracted with the Program for Applied Research and Evaluation at the CSU Chico Research Foundation to conduct the telephone survey. All individual answers will be kept strictly confidential.
The survey will continue through the summer with the goal of obtaining complete surveys for 1,200 households and 400 businesses.
If you have any questions about the survey, please contact Don Krysakowski, assistant director at the CED, This email address is being protected from spambots. You need JavaScript enabled to view it. or 530-898-4598.
The power of philosophy
floats through my head
light like a feather
heavy as lead …
Bob Marley, circa 1978
Bob Marley, Robert Nesta Marley, really impacted my consciousness when his music broke through the airwaves here in America.
The song “I Shot The Sheriff” really resonated with me. It seemed to suggest an allegiance to a higher truth. The narrator in the story line of the lyric, readily and easily admits to shooting Sheriff John Brown. He asserts the sheriff hated him for reasons unknown. When the sheriff came aiming for him, he shot the sheriff first in self defense, “reflexes got the best of him.”
But our storyteller asserts, he didn’t shoot the deputy as the headlines screamed. The law and ensuing manhunt wants to pin the death of the deputy on him. Wow, I thought, the writer of this song admits to the seeming graver offense, the shooting of the boss, the sheriff, but not to the underling, the deputy. It seemed to me a liar wouldn’t make such a startling confession.
Having personally seen how the wheels of justice could spin in defiance of truth, I was an instant Bob Marley convert. Marley appeared at a very crucial time in history. We had witnessed political and artistic repression (Cointelpro), assassinations (The Kennedys, Martin Luther King, Malcolm X), not to mention the “brainwash education” that Marley wrote about “to make us the fool.”
Of course, this is not a diatribe against the law. What we are talking about is the interpretation of it to the detriment of the unrich.
I actually talked to Bob Marley on the phone during the Wailers second American tour. A travel agent friend of mine called me one day with the information that Bob Marley & The Wailers were staying at the Cable Car Motel in South San Francisco. My friend suggested that since I loved Bob Marley so much, I should call him at the motel.
I took my friend up on his suggestion. To my surprise, they plugged me right into Marley’s room. When he got on the phone, I was speechless! I finally blurted something about how much I dug the music. He responded with an emphatic, “Yeh.”
To be continued next week …
Keep prayin’, Keep thinkin’ those kind thoughts!
Cal Fire will be conducting fire safety inspections throughout the state over the coming weeks to educate homeowners of the importance of wildfire safety and to ensure that homes have 100 feet of Defensible Space.
“Wildfire Awareness Week is designed to remind Californians of their ability to make their homes fire safe,” said Chief Del Walters, Cal Fire director. “Fire prevention is team effort that starts with homeowners preparing well in advance of a fire.”
This year’s Wildfire Awareness Week theme is centered on the idea that fire protection is a team effort, “You provide the DEFENSE, We provide the OFFENSE.”
The first part of fire prevention starts with homeowner’s creating 100 feet of Defensible Space around their homes.
The second is Cal Fire’s part when a wildfire does occur, the department has a large arsenal of different equipment to protect Californians.
Cal Fire will use Wildfire Awareness Week as an opportunity to answer questions about fire safety and how to be better prepared in an emergency situation.
To view the full governor’s proclamation: http://www.gov.ca.gov/proclamation/12094/.
For more information on Wildfire Awareness Week, visit www.fire.ca.gov.
NORTH COAST – With salmon populations still showing troubling declines, the federal government announced Thursday that it is extending fishing restrictions to protect the fish.
US Commerce Secretary Gary Locke said Thursday he was extending the 2008 West Coast salmon disaster declaration for California and Oregon in response to expected poor salmon returns to the Sacramento River, which have led to management reducing commercial salmon fishing off southern Oregon and California to near zero.
Locke also announced that he would release $53.1 million in disaster funds to aid fishing communities.
“Salmon returns are expected to be near record lows again this year. The extension of the disaster declaration will ensure that aid will be available to affected fisherman and their families to help offset the economic impact of the closure of the commercial fisheries,” said Secretary Locke. “These funds can also aid fishing-related businesses, such as ice and bait suppliers, who may struggle with the financial effects of the closure.”
Locke’s announcement followed the Pacific Fishery Management Council’s April 8 recommendation that California’s commercial salmon fisheries be closed for the 2009 season. Following its recommendations, California's Fish and Game Commission took action to close recreational ocean fishing.
The National Oceanic and Atmospheric Administration (NOAA) will formally adopt the Pacific Fishery Management Council’s full recommendations, made in April, halting virtually all commercial salmon harvests off the West Coast south of Cape Falcon, Ore. A recreational coho fishery and a limited commercial fishery will be allowed off Oregon. Salmon season formally begins May 1.
On April 21, Gov. Arnold Schwarzenegger and Oregon Governor Theodore Kulongoski sent a letter to Locke, requesting the disaster declaration extension of additional federal aid for those impacted by the closure. Schwarzenegger also declared a state of emergency in California in response to the salmon situation.
On Thursday, Schwarzenegger thanked Locke for taking the action. “California’s salmon are not only a vital part of our state’s overall economy, they directly affect the livelihoods of thousands of California fisherman and their families.”
NOAA’s National Marine Fisheries Service will work with the states and the Pacific States Marine Fisheries Commission to distribute the $53 million in remaining salmon aid from last year’s $170 million Congressional appropriation to help fishing communities affected by the poor returns.
Based on the economic impact, of the remaining $53 million, Locke has allocated approximately $46.4 million to California and $6.7 million to Oregon.
Sacramento River Fall-run Chinook are the foundation of the West Coast’s commercial salmon harvest and in typical years 400,000 to 600,000 of them return to spawn. Under current federally approved rules for managing the ocean salmon fishery, a minimum of 122,000 Sacramento River Fall Chinook must be predicted to return to the Sacramento-San Joaquin River system before any harvest can take place.
Last year, barely 66,000 Fall Chinook returned to their spawning grounds in the system. This year, a greater number of Chinook are expected, but only marginally more than the 122,000 needed to maintain the health of the fishery. Agency biologists said the 2008 collapse was triggered primarily by climatic conditions that produced little food in the ocean, compounded by too much reliance on fish produced in hatcheries instead of the wild.
“NOAA will continue to work with the states and our partners in the region on habitat and hatchery issues that may be contributing to the difficult fishery management problems that the Sacramento River system has been experiencing,” said Jane Lubchenco, Ph.D., Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator.
Earlier this week, three bills by Sen. Patricia Wiggins (D-Santa Rosa) aimed at helping salmon and the industry based on them cleared a key legislative hurdle.
On Tuesday, the Senate Committee on Natural Resources & Water voted to approve Senate Bills 539, 670 and 778, which now move to the Senate Appropriations Committee.
Senate Bill 539, which the committee approved 7-4, directs the state Ocean Protection Council (OPC) to give the Legislature a report that ranks the solutions to reversing the alarming decline of salmon and steelhead populations and lists the costs to implement those actions. The OPC is the state arm that coordinates state agencies’ efforts to protect and conserve coastal and oceanic ecosystems.
In her testimony before the committee, Wiggins said that the OPC’s mission “is to ensure California maintains healthy, resilient, and productive ocean and coastal ecosystems for the benefit of current and future generations. SB 539 enlists the OPC in restoration efforts by authorizing it to engage in the full range of activities needed to bring back salmon and steelhead.”
Senate Bill 670, which the committee approved on a bipartisan vote of 8-3, prohibits the use of suction dredge mining equipment in rivers and streams that provide critical habitat to spawning salmon until the state Department of Fish and Game (DFG) completes its court-ordered overhaul of regulations governing the controversial recreational activity.
In presenting SB 670, Wiggins noted that “the salmon numbers are so low that the National Marine Fisheries Service has placed a ban on all salmon fishing along the coast of California and Oregon. This ban affects the livelihoods of thousands of commercial fishermen, fish processors, and charter boat operators. Yet while fishermen are being told to stop fishing, suction dredge mining is allowed to continue. SB 670 is about equity. We simply cannot ask an entire fishing industry to stop their work while a small group of hobbyists are allowed to continue.”
Senate Bill 778, which the committee approved on a bipartisan vote of 9-1, requires the state DFG to provide a thorough accounting of funds generated from commercial salmon fishing permits, known as “salmon stamps.” The self-taxation funds paid by fishermen are required to be spent on fisheries and habitat restoration.
There is growing concern in the fishing industry that the money is not getting to top priority projects. SB 778 would incorporate measures, based on an audit, to strengthen the program and, with agreement from fishermen, will increase the price of the “stamp” in order to ramp up protection efforts during the ongoing salmon crisis.
In her testimony, Wiggins said SB 778 “continues the tradition of commercial fishermen dedicating a portion of their permit fees to help restore the salmon fisheries that sustain their industry. The dedicated portion of the fee is managed by the DFG for salmon regeneration. Because of the salmon crisis, fishermen are volunteering to raise the cost of salmon permit to $350. The bill also seeks to require the DFG to provide a better accounting for the expenditures of this fund. This will ensure that the funding goes directly to priority projects, in a timely manner.”
Wiggins, who chairs the Joint Legislative Committee on Fisheries and Aquaculture, said that it’s imperative that the Legislature and the responsible state agencies do all that they can to protect the invaluable salmon populations.
“Salmon are not just trophy and sport fish. They form the backbone of California ecosystems, tribal cultures, local economies, a commercial fishing industry and a once-plentiful, wonderful food. We must work together to give these magnificent fish a chance to recover,” Wiggins said.
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