Comment on 4th DCA's Conflict of Interest Code

The Court of Appeal, Fourth Appellate District, is considering amendments to its Conflict of Interest Code. Anyone wishing to comment on the proposed amendments may do so in writing no later than September 29, 2025.

Comments may be submitted in writing to Brandon Henson, Clerk/Executive Officer, 750 B Street, Suite 300, San Diego, CA 92101 or by e-mail to 4dcacomment@jud.ca.gov

2d DCA pro tem update

The following are currently sitting on assignment in the Second District:

• Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two until September 30, 2025 

• Judge Craig B. Van Rooyen of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Four until October 24, 2025 

• Judge Sunjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five until October 17, 2025

• ​​​​​​​Justice Laurence D. Rubin (Retired) of the Second District Court of Appeal will be sitting Pro Tem in Division Eight until October 31, 2025 

More time, fewer and longer decisions

Another great piece posted on SCOCA Blog

SCOCA is spending more time writing fewer and longer decisions
Overview -- The California Supreme Court is taking more time to decide fewer cases, and its majority opinions are getting longer. In the past, when the court was writing shorter majority opinions it did so faster and produced more of them. The current condition in general stems from trends in automatic appeals and civil cases, with each case type showing distinct contributing effects. These general and specific trends are most pronounced after recent trend inflections revealed significant distinctions between the case types. The court is deciding fewer automatic appeals and taking much longer to decide them. But these decisions are not getting longer. The court is deciding even fewer noncapital cases, at about its regular pace. And these decisions are getting longer. Thus, there is no direct correlation between the court’s overall productivity and either its drafting time or its opinion word count — the effects we see are instead case-type-specific. It’s only in combination that these distinct effects produce the general condition of fewer decisions, which take longer to decide, with longer opinions.

E-Records at LASC!

Superior Court of Los Angeles County to Deliver Record on Appeal Transcripts Electronically in Civil, Family Law and Probate Appeals Beginning Sept. 8, 2025

Beginning Sept. 8, 2025, the Superior Court of Los Angeles County will serve the record on appeal, both the clerk’s and reporters’ transcripts, electronically to attorneys in Civil, Family Law, and Probate appeals, pursuant to Code of Civil Procedure section 1010.6.  

Attorneys will no longer be required to submit the Request for Electronic Delivery of Record on Appeal and Notice of Electronic Delivery Address form for Civil, Family Law, and Probate appeals to receive an electronic copy of the clerk’s and court reporters’ transcripts.

Additionally, attorneys will no longer be required to coordinate with the primary reporter for receipt of the electronic reporter’s transcript on appeal. The Court’s Civil Appeals division will provide electronic service of the clerk’s transcript and reporter’s transcript to the parties when the complete record on appeal is delivered to the reviewing court, pursuant to California Rules of Court, rules 8.150(h) and 8.840(b).  

Electronic Delivery of the Record on Appeal:  Delivery of the Record on Appeal will be received from “eCart Notification <eCARTDoNotReply@courts.ca.gov>” with the subject line of “Transcript Transfer Request for Case (number) is ready.” The email will contain a link providing access to the record. 

Self-represented parties will have the option to select their preferred format for the reporter’s transcript when they file the Notice Designating Record on Appeal using one of the following forms:  - - - - Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) (APP-003)  Respondent's Notice Designating Record on Appeal—Unlimited Civil Case (APP-010)  Appellant's Notice Designating Record on Appeal (Limited Civil Case) (APP-103)  Respondent's Notice Designating Record on Appeal—Limited Civil Case (APP-110)  In addition, self-represented parties who consent to eService will receive the clerk’s transcript electronically.    

J.Grodin memorial event 10/3

 

Join friends, colleagues, and family for a celebration and retrospective on the life and career of Joseph R. Grodin, a unique figure connecting the UC law SF school and the California Supreme Court, as a former California Supreme Court justice and professor of law at UC Law San Francisco. This event will overview his jurisprudence as a justice on the Court of Appeal and California Supreme Court, his legal scholarship, and the historical and legal significance of the 1986 retention election. Open entry without registration, and broadcast on Zoom after Justice Kruger’s opening remarks.

Click here to RSVP(opens in a new tab)

Click here to watch live on Zoom (link will appear day of event)

Agenda:

• Opening Remarks: California Supreme Court Justice Leondra Kruger

• Justice Grodin’s Jurisprudence and Legal Scholarship
• Professor Darien Shanske (UC Davis Law School) Justice Grodin’s annotated California constitution scholarship -- 
• Professor David A. Kaiser (UC Law SF) Justice Grodin on the right to happiness in the California constitution
• Justice Grodin in California Legal and Political History
• Moderator: Sunil Gupta (California Supreme Court)
• Professor Reuel Schiller (UC Law SF)
• Beth Jay (California Supreme Court) former principal attorney to the Chief Justice
• Jake Dear (California Supreme Court) former chief supervising attorney, former chambers attorney to Justice Grodin

1st DCA attorney position / TAP director

Appellate jobs news:

Law.com LawJobs has: The Court of Appeal, First Appellate District in San Francisco is accepting applications for a central staff attorney vacancy. A regular full-time Appellate Court Attorney position will be staffed at Level B, Level C, Level D, or Senior. Minimum qualifications: active CA bar membership and 2 years of post-bar experience. Experience in criminal and/or civil appellate practice is desirable. Candidates should possess superior research/writing skills and the ability to present statements of fact, law, and argument clearly and logically. Please see the job announcement #: 6482 for specific levels and salary ranges. For information and an application, call 415-865-7369 or visit: www.courts.ca.gov/careers. To ensure the earliest consideration, please apply by August 29, 2025.

The Appellate Project is seeking a Program Director -- We’re currently hiring a Program Director to help guide TAP through its next phase of growth. Click here to view the full job description and apply.

New Supreme Court Fellows Begin Term

Four new U.S. Supreme Court Fellows are set to begin their 2025-2026 fellowships in September.

 

Prelogar to Cooley

Former US Solicitor General to Lead Cooley's SCOTUS, Appellate Practice

• She will lead Cooley's Supreme Court and appellate practices from Washington, D.C.
• The firm has noticed that many of its clients want the appellate aspect of their legal work involved earlier in the process than in previous iterations, making the arrival of Prelogar all the more valuable.

Elizabeth Prelogar, who served as the 48th solicitor general of the U.S. during the Biden administration, is joining Cooley to lead the firm’s Supreme Court and appellate practices from Washington, D.C.
Prelogar had been a partner at Cooley for a little over a year before leaving to become the acting solicitor general and principal deputy solicitor general in January 2021. She was the solicitor general of the U.S. from October 2021 until January 2025.

Patashnik to Perkins

The Recorder reports Perkins Coie Recruits California Deputy Solicitor General in San Diego -- Josh Patashnik joined Perkins Coie on Monday. He was previously deputy solicitor general for California for more than six years.

Law360 has State Solicitors General Become A Trump Judge Pipeline -- Seven months into his presidency, more than a third of President Donald Trump's judicial nominees hailed from a pool not tapped nearly as much as his predecessors: state solicitors general. Trump, who came into office in January with 45 judicial vacancies, has named 26 nominees so far — eight of whom have served in top solicitor general roles in their states.

"In the late '80s there were only about eight states that had a solicitor general," Dan Schweitzer, director and chief counsel of the National Association of Attorneys General's Center for Supreme Court Advocacy, said at an event put on by the National Constitution Center in March 2023. "By the early 2000s, it was about half the states, about 25 states had a solicitor general. And today we're up to 44 states, plus DC, Puerto Rico and the Virgin Islands, have a solicitor general."

And Law360 has Trump Says He'll Sue Over Blue-Slips

Justice Patricia Bamattre-Manoukian (Ret.) Honored with 2025 American Inns of Court Professionalism Award -- The award recognizes a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession and the rule of law.

6th DCA pro tem update

The following are currently sitting on assignment in the 6th District:

• Judge Lisa R. Rodriguez of the San Diego County Superior Court will be sitting Pro Tem until August 31, 2025

Law.com has: ‘Constitutional Concerns’: DC Circuit Denies Newman’s Suspension Appeal but Questions Precedent

The U.S. Court of Appeals for the D.C. Circuit on Friday denied Judge Pauline Newman’s bid to revive her constitutional challenge to the judicial misconduct law under which her colleagues suspended her and are continuing to probe her fitness to serve.

Gorsuch Complains Lower Courts Aren't Following Justices' Emergency Docket 'Precedent'

Come on Inn!

Good news for the San Diego Appellate Inn of Court...

California Ethics Committee Issues Opinion on Judicial Participation in Inns of Court -- Committee encourages judicial membership while outlining ethical considerations for judges participating in Inns of Court activities. A California judicial ethics committee on Tuesday issued a formal opinion advising that judicial participation in Inns of Court is not only permitted but encouraged as an important form of judicial engagement.

The guidance was issued by the California Supreme Court Committee on Judicial Ethics Opinions (CJEO)—a body which is appointed and authorized by, but works independently of, the California Supreme Court. In CJEO Formal Opinion 2025-030, the committee advises that membership, serving on pupilage teams, and performing leadership roles in Inns of Court are all appropriate extrajudicial activities under the California Code of Judicial Ethics. The committee emphasizes that such participation promotes professionalism, integrity, ethics, and civility within the legal community, and is a laudable form of judicial engagement. While participation is encouraged, the committee notes that judges must remain mindful of ethical considerations. For example, should a professional mentorship evolve into a close personal friendship, disqualification or disclosure may be required. As always, judges must conduct themselves in such a manner that upholds the integrity, independence, and impartiality of the judiciary. “Judges have a unique perspective and much to offer other members of Inns of Court,” said Justice Douglas P. Miller, vice-chair of CJEO. “This opinion makes clear that judicial participation in Inns of Court is a desirable outlet for judges to contribute to the improvement of the law, the legal system, or the administration of justice, as encouraged by the Code of Judicial Ethics.” CJEO issued the opinion after circulating a draft for public comment in May of this year.

About the Committee on Judicial Ethics Opinions (CJEO) -- The Committee on Judicial Ethics Opinions is a 12-member advisory committee that includes appellate justices, trial court judges, two retired judges, and a commissioner. The committee is appointed and authorized by the California Supreme Court, but its work is independent of the court, the Judicial Council, and all other entities. Its opinions are advisory and do not necessarily reflect the views of the California Supreme Court or any other entity. The committee issues formal, informal, and expedited advisory opinions on proper judicial conduct pursuant to the California Code of Judicial Ethics and other authorities. CJEO’s website includes advisory opinions, resources dedicated to specific judicial assignments and issues, and extensive judicial ethics tools and resource materials for the benefit of the bench and the public.

ACA 8 goes poof!

Law.com has Calif. Bill to Limit Judicial Retention Elections on Hold Amid Redistricting Push

• Legislation that would have ended most appellate justice retention elections in California was shelved Monday after the author rewrote the bill's contents to carry state Democrats' congressional redistricting plans.
• As originally written, Assembly Constitutional Amendment 8 would have only placed the names of incumbent justices of the California Supreme Court and the state's six courts of appeal on a ballot if a specified number of registered voters petitioned for an election.
• As of Monday, the constitutional amendment no longer includes the judicial elections language and instead authorizes a mid-decade congressional redistricting that Democrats hope will net as many as five new Democratic seats to offset redrawn Republican maps in Texas.

J.Smiley Zoom program

 BASF's Appellate Law Section will host a Zoom event on Sept. 16 at noon: an informal roundtable with 1/1's Justice Charles A. Smiley, moderated by Shandyn Pierce. 

tidbits / 3d DCA pro tem update

The ABA Journal has Bryan Garner's latest article: Oscar vs. Jeff: Trial lawyers and appellate counsel do different jobs, and it may show in their writing

This month's CLA Litigation Update: August 2025 is out.

On Sept. 25, Strafford presents Strategic Use of Amicus Briefs in Appellate Advocacy by M.C. Sungaila and Ben Cooper.

3d Dist. pro tem update: Associate Justice Rebecca A. Wiseman, retired, will be sitting in pro tempore beginning July 15, 2023, through October 18, 2025.

Amendment to FRAP 15 proposed to address the “Incurably Premature” doctrine:

The Advisory Committee seeks publication of a proposed amendment to remove a potential trap for the unwary in Rule 15. The “incurably premature” doctrine holds that if a motion to reconsider an agency decision makes that decision unreviewable in the court of appeals, then a petition to review that agency decision is not just held in the court of appeals awaiting the agency’s decision on the motion to reconsider. Instead, the petition for review is dismissed, and a new petition for review must be filed after the agency decides the motion to reconsider. Rule 4, dealing with appeals from district court judgments, used to work in a similar way regarding various post-judgment motions. But in 1993, Rule 4 was amended to provide that such a premature notice of appeal becomes effective when the post-judgment motion is decided. The proposal is to do for Rule 15 what was done for Rule 4.

The comment period is open to February 16, 2026.

En banc vote explanations?

Law360 has Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."

Order here.

E-filing rules amendments

California Supreme Court Adopts Amendments to E-Filing Rules

The Supreme Court of California on Wednesday adopted amendments to its electronic filing (e-filing) rules. These amendments are effective immediately and formalize and clarify the court's e-filing guidelines, which the court adopted at the outset of the COVID-19 pandemic. The court continues to require electronic filing, through the TrueFiling platform, of all documents filed in all proceedings before the court, regardless of case type. E-filing remains voluntary for self-represented litigants and trial courts, and any litigant may continue to request an exemption from the e-filing requirement. The amendments also make conforming and technical changes to the e-filing rules.

California Supreme Court E-filing Rules as Amended August 13 2025.pdf

TAP is hiring a Program Director

 

Apply now: Program Director, The Appellate Project

If you're passionate about building a more just and representative judiciary — and want to join a team empowering the next generation of appellate leaders — we’d love to hear from you. Please help us spread the word! Forward this posting to anyone who might be a good fit. We especially encourage mission-driven legal professionals with demonstrated entrepreneurial skills to apply, even if they don’t have the full 10 years of experience. We value creativity, leadership, and impact, regardless of the path taken to achieve them. We are reviewing applications on a rolling basis and encourage candidates to apply as soon as possible.

E-service of briefs to LASC!

Superior Court of Los Angeles County Establishes New Electronic Process for Service and Delivery of Appellate Briefs to Judicial Officers

Beginning Tuesday, Sept. 2, 2025, the Superior Court of Los Angeles County will establish a new uniform process for parties to electronically serve appellate briefs on the trial court clerk for the purpose of delivery to the trial court judicial officer.     Attorneys representing parties shall email a copy of their appellate brief to the Court’s new designated resource account, appellatebriefs@lacourt.org. Self-represented litigants may elect to use this electronic process for service, but they may still choose to deliver the briefs to the courtroom by first-class U.S. mail.  Submission of Appellate Briefs via Email:  • Parties shall submit one copy of their brief electronically to appellatebriefs@lacourt.org.  • Court staff will monitor the resource account for the receipt of briefs and forward the briefs to the applicable judicial officer.  Note: This resource account is for the sole purpose of receiving appellate briefs. Any other documents submitted to the account will not be processed, and any inquiries will not receive a response.  Background on Appellate Briefs:  After the Record on Appeal is delivered to the reviewing court, a briefing schedule is sent to the parties. California Rules of Court rules 8.212(c)(1), 8.360(d)(4), 8.412(e)(1), 8.630(g)(3), 8.882(e)(3), and 8.927(c)(3) require that one copy of each brief be served on the trial court clerk for delivery to the trial court judicial officer.   The new resource account, appellatebriefs@lacourt.org, will streamline the delivery process and ensure compliance with California Rules of Court.    For more information on the Court’s current programs and services, follow the Court on X (@LASuperiorCourt), Instagram (@LASuperiorCourt), Threads (@LASuperiorCourt), or visit the Court’s website, www.LACourt.ca.gov.

The DJ has LA courts to streamline appellate brief delivery -- Beginning Sept. 2, Los Angeles County Superior Court will accept appellate briefs via a designated email account, streamlining delivery, ensuring compliance with court rules, and complementing broader technology upgrades and remote appearance initiatives.

J.Barrett in SD Sept. 10

Justice Amy Coney Barrett will be at the Inns of Court Dinner on Sept. 10 in San Diego. She'll be discussing her forthcoming book: Listening to the Law: Reflections on the Court Constitution. (Because of security concerns, the Joint Inns Dinner is open only to registered members of the American Inns of Court.)

Copies of Justice Coney Barrett’s book, LISTENING TO THE LAW, are available for pre-order at the discounted price of $27 (including sales tax and fees). Order yours by August 20, 2025. Pick up will be at the Joint Inns Dinner on September 10, 2025, where copies can be signed on a first come, first serve basis. Books will not be available for purchase onsite unless there are extras from the pre-order. In Listening to the Law, Justice Coney Barrett lays out her role (and daily life) as a justice, touching on everything from her deliberation process to dealing with media scrutiny. With the warmth and clarity that made her a popular law professor, she brings to life the making of the Constitution and explains her approach to interpreting its text. Whether sharing stories of clerking for Justice Scalia or walking readers through prominent cases, she invites readers to wrestle with originalism and to embrace the rich heritage of our Constitution. Please note that only one book pre-order can be placed per order. If you are interested in pre-ordering more than one book, please complete a separate order for each book.

Want cert? Get amici!

 

Law.com has For Hopeful Supreme Court Litigants, It Helps to Have Friends—And Lots of Them

• With many of the justices pooling their law clerks to tackle the thousands of petitions that arrive at the court each term, litigants have but a few chances to make an impression on a clerk sifting through a stack of Supreme Court appeals. Having your case supported by a bundle of cream-colored briefs from outside groups is one way to do just that.
• there is now some level of cert-stage amicus participation in two out of every three cases that the justices agree to hear.
• In the October 2024 term, for instance, there were one or more cert-stage amicus briefs for 68% of cases that went to oral argument, according to an analysis by the National Law Journal. That’s compared to just 44% during the October 2014 term, a figure that has gradually climbed over the past decade.
• Today, “the conventional wisdom is… having petition-stage amicus support is considerably more important than having merits-stage support,” said Larry Ebner of the Atlantic Legal Foundation, a longtime appellate advocate and prolific amicus brief filer.

9th Cir. computer problems today

August 11, 2025, Ninth Circuit Announcement: Users may experience an issue downloading ACMS dockets and filings from PACER or NDA emails. The Court is aware of the issue and is working to fix it. Filers may email efilerhelp@ca9.uscourts.gov for assistance.