Author: herrigvogt

Associates Named to Placer County Bar Association Board

placer-county-bar-association

Herrig & Vogt is proud to announce that two of our associate attorneys were installed as board members of the Placer County Bar Association and were sworn in by Judge Gazzaniga in a virtual meeting on January 19th.

The Placer County Bar Association (PCBA) is a nonprofit organization that provides attorneys and other legal professionals in Placer County with educational resources and networking opportunities. Within the association there are “Sections” (such as Family Law, Probate & Estate Planning, and Placer Women Lawyers) that aim to provide resources further tailored to meet the specific needs of their members. 

Serving for her sixth year on the board, attorney Lindsay Volle was named President of the PCBA after previously holding the positions of Vice President, Secretary, Treasurer, and Member at Large. She hopes to be able to safely resume holding the annual MCLE conference in person this September and is looking forward to working with members to develop new subsections (such as civil litigation) to further expand the association’s resources for members from a variety of practice areas.

Attorney Ryan Foley is serving his first year on the board as a Member at Large, where he will help to plan the association’s monthly MCLE programming. He is looking forward to learning more about the innerworkings of the board and the needs of the legal community in Placer County. 

To join the Placer County Bar Association or renew your membership visit https://www.placerbar.org/Join_or_Renew.

New Attorney: Kate Mulcahy

Herrig & Vogt, LLP is excited to announce the addition of Associate Attorney Kate Mulcahy. 

Kate grew up in Glens Falls, New York, and attended college at St. Lawrence University in Canton, New York. She was first introduced to Northern California when she did a college summer training program for Nordic ski in Truckee, CA. She fell in love with the area and returned in 2016 for a legal internship with the Family Resource Center, then again in 2018 after completing the Vermont Bar Exam.  Over the Fourth of July weekend, she made yet another special memory in Nor Cal when her boyfriend proposed to her during a trail run at Tinker’s Knob.  

She had already taken the bar exam in Vermont, but since she was planning on relocating to the West Coast, she took the California bar in February 2019 and moved to Truckee a few months later. Prior to joining Herrig & Vogt she coached for Auburn Ski Club and continues to spend her weekends coaching with ASC.

In her free time, she enjoys trail running (she’s eager to run all of the Strava segments in the area), strength training, watching The Office, reading, and writing.

The latter interests are part of what she loves about the legal field. She likes to read creative non-fiction and admires those with the ability to present the facts with some creativity. And while they may seem unrelated at first blush, Kate likes that being a lawyer allows her to both respect the structure that the law provides, and revel in the creative ways the law can be interpreted. Her admiration for novel ways of looking at the law is one of the reasons we find her to be such an asset to our team. 

She has experience in municipal law, environmental land use, and real estate, and is looking forward to expanding her knowledge base to include areas such as construction litigation, and probate law. 

New Attorney: Ryan S. Foley

Herrig & Vogt is proud to announce the addition of associate attorney Ryan S. Foley. 

Mr. Foley’s journey toward law school had already begun before the age of 10. He recalls his parents chastising him for lying, and his punishment was to write an essay on why lying was wrong. Instead, he wrote about the social circumstances in which lying would not only be acceptable, but even preferable. For example, his parents certainly would not chide him for fibbing about how much he loved the birthday present Grandma sent. 

This penchant for argumentation led him to pursue a future in the legal field after receiving his Bachelor of Arts degree from the University of California, Santa Barbara. Prior to law school he was a Judicial Extern for Judge James Otto in the Superior Court of Long Beach, California. He received his juris doctor from the University of San Diego School of Law and during school he worked as a research assistant for several law professors and as a legal intern for Judge Shauna Chastain’s family law practice prior to her appointment to the Solano County Superior Court. 

His emphasis in law school was in intellectual property (particularly trademarks) and he has previously touched on the areas of family law, probate, trust administration, estate planning, civil litigation, landlord/tenant, and business formation. 

He particularly enjoys the fact that being an attorney presents opportunities for him to learn more about all kinds of things (like the ins and outs of construction management), and not just the law. His inquisitive nature is just one of the things that makes Mr. Foley an excellent addition to our team. 

Mr. Foley is a NorCal native, hailing from Solano county, and is excited about being closer to Apple Hill. He enjoys golfing and watching all kinds of sports (rooting for the Sacramento Kings, of course), but with the current lack of sports due to Covid he has channeled his competitive energy into training his girlfriend’s 5-year-old mutt, Wiley, to do a dog-obstacle course. 

How A Justice Gets Onto the Supreme Court: A Step by Step Guide

united state supreme court
Credit: Joe Ravi, CC-BY-SA 3.0

Setting the Stage

For the third time during the Trump Presidency, the American public’s attention is directed to the United States Supreme Court.

Trump’s first appointment to the Court, Neil Gorsuch, secured his seat following a bitter bi-partisan battle in 2016. In 2016, President Obama was in his final year in his second term in the Oval Office. In an effort to fill the vacant Supreme Court seat following the death of Justice Antonin Scalia, President Obama nominated Judge Merrick Garland. However, Senate Majority Leader Mitch McConnell stated that the Senate would not act on the nomination until after the presidential election. For eight months, a bitter bipartisan battle ensued, with the Democrats arguing that the Republicans were obstructing the president’s Constitutional mandate and the Republican’s throwing back statements made in 1992 by then-Senator Joe Biden who argued that Supreme Court vacancies occurring in an election year should not be filled until after the election. Ultimately, the Democrats remained unable to secure the seat for Judge Garland leaving the seat open for Trump to fill with Neil Gorsuch in 2017. 

Then, in 2018, Justice Anthony Kennedy announced his plans to retire, providing Trump with a second opportunity to nominate a Supreme Court Justice. This time Trump tapped Brett Kavanaugh, and a second, arguably equally eventful, appointment process ensued.

Through the summer and fall of 2018, the American people were enraptured in the Senate Confirmation Hearing. The Kavanaugh hearing provided multiple allegations of assault, emotional outbursts, and an FBI investigation. Yet, despite the bumps in the road, Brett Kavanaugh became the second justice nominated by Trump. 

Now, less than two months out from an election, a seat on the High Court is once again open following the passing of Justice Ruth Bader Ginsburg on Friday. The battle for this seat promises to be just as stormy as the appointments of Justices Gorsuch and Kavanaugh. 

The Process

First, the President will announce his nominee. From the time of the announcement, an extensive background check is ongoing for the nominee. The FBI works closely with the White House counsel office as well as the Department of Justice in compliance with guidelines for conducting background checks. Shortly thereafter, the nominee will travel to Capitol Hill to meet with lawmakers, including the Vice President, Senators and possibly the Chairperson of the Senate Judiciary Committee. 

The nominee will return to Capitol Hill to begin their confirmation hearing before the Senate Judiciary Committee. The Judiciary Committee is made up of 22 senators: 12 Republicans and 10 Democrats, with Lindsey Graham serving as chairman and California Senator Dianne Feinstein serving as the ranking Democrat. On the Committee, the ratio of the majority party to minority members is based on the ratio of majority to minority members within the Senate.

The confirmation hearing begins with introductions and the nominee reading their opening remarks. Then the confirmation hearing will go on for two or more days to provide an opportunity for the Senators to ask questions of the nominee. The questions may be based on current national, political, or legal issues, the nominee’s prior decisions if they are a judge, or clarifying questions related to their legal philosophy or approach. Nominees are often reluctant to comment on current events or controversies because of the tenet of judicial independence and neutrality. Witnesses may also testify before the Judicial Committee. Depending on the outcome of the background investigation, it may be necessary for additional testimony before a panel of Committee staff.

The nomination then moves out of Committee and proceeds to the full Senate for a vote to advance the nomination. To be confirmed to the Supreme Court, the nominee needs to secure a simple majority in the Senate. 

After the Justice is confirmed by the Senate, Chief Justice John Roberts administers the constitutional oath and the newly appointed Justice will also take the judicial oath. Finally, the Justice participates in a swearing-in ceremony at the White House with the President.

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Roseville Votes Attorney Vogt For Best Of The Best

Every year, the Roseville & Granite Bay Press Tribunes ask their readers to chime in with their favorite businesses. The businesses awarded can range anywhere from Best Breakfast, to Best Storage Facility, and Best Health Provider. This year, the community recognized our managing partner, George Vogt Jr., as the Best of the Best Attorney.

Mr. Vogt lived and practiced law in the Los Angeles area for a decade, before deciding to relocate to northern California over 25 years ago. He finally settled in Placer County for its bucolic beauty, and chose to live in this incredible community because he was looking to raise his family and practice first-rate law in a more rural environment. Our legal team at Herrig & Vogt, LLP has been proudly serving Placer County since 2000, and our firm prides itself on being an active part of the community that Mr. Vogt found so alluring more than 15 years ago.

Our Roseville lawyers are honored to be celebrated amongst the community’s top professionals, and we are grateful to all of you who voted to recognize our dedication. We look forward to continuing to provide top-tier legal representation for everything from construction law, to business formations, probate, trusts, wills, family law, real estate and personal injury matters.