Of note

In Central District of California, a Woman’s Place is in the Courthouse

In the Central District of California women hold the key positions of chief bankruptcy judge, clerk of court for the district and clerk of the bankruptcy court, chief probation officer, and federal public defender. The district has the largest number of women in top leadership positions across all 94 federal judicial districts. The leaders in the Central District of California attribute their career success to a variety of traits they share, including hard work, integrity, and resilience. 

Law360 has: Justice Thomas Breaks 3 Years Of Silence At Hearings

U.S. Supreme Court Justice Clarence Thomas asked a question at oral arguments for the first time in over three years Wednesday morning, breaking his silence in a Mississippi death penalty case where the lead prosecutor excluded virtually every potential African-American juror.

Yesterday's DJ featured Justice Hoffstadt in The Schizophrenic Sixth, which begins:

The Bible may say, "No one can serve two masters." But do these words of wisdom apply to the Sixth Amendment's right to counsel? Two recent cases -- McCoy v. Louisiana, 138 S. Ct. 1500 (2018), and People v. Farwell, 5 Cal. 5th 295 (2018) -- suggest that they may.

2d DCA pro tem update

The following are currently sitting on assignment:

• Judge Gregory J. Weingart of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until April 30, 2019
• Judge Allan J. Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until April 30, 2019
• Judge Serena R. Murillo of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until May 31, 2019
• Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until April 30, 2019
• Judge Kim Garlin Dunning of the Orange County Superior Court, will be sitting Pro-Tem in Division Four until April 30, 2019
• Judge Natalie P. Stone of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until May 31, 2019
• Judge Rashida A. Adams of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight until May 8, 2019

Appellate Tidbits

The NLJ reports Trump Taps Quinn Emanuel's Landau as Ambassador to Mexico: Christopher Landau, the former chairman of Kirkland & Ellis' appellate practice, is the latest prominent law firm partner to get the nod for a key diplomatic post.

Bloomberg has Bridget Bade Up Next in Trump Wave of Appeals Court Judges: She would be Trump's fourth appointee to the the Ninth Circuit.

Today's DJ has Mitch Keiter's Justice Brown and the Old ACLU: "As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her consideration for attorney general, but stunned when the ACLU deemed her civil liberties record “disturbing.”"

And the March 2019 issue of Litigation Update is now online!


Law360 has These Are The Nation's 27 Most Overworked District Courts -- and all 4 of California's districts are on the list, of course! And see Crisis to Catastrophe: As Judicial Ranks Stagnate, 'Desperation' Hits the Bench.

2019 State of the Judiciary Address

Chief Justice Tani G. Cantil-Sakauye will give her annual address to the Legislature, expected to be broadcast live via The California Channel and the California State Senate website.

Tuesday, March 19, 2019 11:00AM — 11:30AM

Beginning at 11 a.m., her address is expected to be broadcast live via The California Channel and the California State Senate website.

2011–2019: The Judicial Branch under the Leadership of Chief Justice Tani G. Cantil-Sakauye

March 18, 2019

Article Round-up

Today's DJ has Writ Review by Donald Horvath, former head writ attorney at the 5th DCA. he points out that appellate courts might deny writ relief thinking that the petitioner might win the case anyway, or might lose and then appeal on a better record, or the case might settle. Thus, "If you can show that these possibilities are unlikely to occur, discuss this in your petition." "If you can persuade the appellate court that denial of the writ will simply postpone the inevitable--hearing the same issue on appeal after judgment--do it."

Today's DJ also has Judge Karnow in Project Admissibility, about the Supreme Court's Sweetwater case, which holds that mere inadmissibility is not fatal for a prong 2 anti-SLAPP analysis. And Reed Smith's Kasey Curtis and Charles Hyun also address Sweetwater in Proper Submission of Pre-Trial Evidence: The Twin Hurdles.

Today's Recorder has Bedsworth: Me and Franklin G. West in which Beds expounds on how trust -- "earned through fairness and civility" -- is everything. (Of course, if you want to run for sheriff, you need some experience, as 2/6 explains here.)

We are officers of the court, officers of the Third Branch of a great and powerful system of government.  We have been this nation’s warriors of democracy and justice for two centuries. We are the last line of defense for the Rule of Law, which is the sine qua non of American freedom.If you can’t respect that – and respect the fact your adversary is another human being wearing the same warrior’s garb and deserving of the treatment you would expect for yourself – well, you’ve got bigger problems than how any particular case turns out.

No experience, no problem!

Yesterday's Wall Street Journal had a letter to the editor, titled Many Justices Were Never Judges Before Appointment, noting "some of the most highly regarded Supreme Court justices share the lack of prior judicial experience with Neomi Rao: John Marshall, William Rehnquist, Lewis Powell Jr., Abe Fortas, Earl Warren, William Douglas, Felix Frankfurter, Louis Brandeis and Elena Kagan."

Speaking of judges, check out California judges are owed $40 million in back wages — and the bill is climbing.

Today's Recorder has Misconduct Case Against LA Appeals Set for August Hearing.

Read more here: https://www.sacbee.com/news/politics-government/the-state-worker/article227827399.html#storylink=cpy

Moot court judges needed (4/6, Bay Area)

The Roger Traynor Moot Court is a statewide appellate moot competition. This year it will be held at John F. Kennedy University College of Law in Pleasant Hill, on April 6-7.  The competition will host teams from 10 law schools. This year’s case involves the question of whether police may obtain a warrantless blood sample from an unconscious suspect.  For more information, see https://www.traynormoot.org/ 

The competition is seeking judges for the preliminary rounds on April 6. There is a morning session, followed by lunch, and an afternoon session. The event commences at 10:00 a.m. and concludes by about 3:00 p.m. (including a lunch). Each judge will be taking part in both sessions.

For more information, or to volunteer as a judge, please contact competition administrator Miriam Billington at info@traynormoot.org

"An Insider's Guide to Writ Dispositions"

That's the title of CALG's Sharon Baumgold's article in this month's LA Lawyer magazine (pp. 16-18). A writ attorney in the 2d District for nearly 40 years, she can (and does) explain the differences between suggestive Palma notices, alternative writs, orders to show cause, etc.

Latest on 9th Cir. nominations

Yesterday's Law360 has Calif. Sens. Turn Up Heat On Jenner Atty Tapped For 9th Circ.

Today's Recorder has 2 California Ninth Circuit Nominees Get Confirmation Hearing Despite Senators' Objections -- California's Democratic U.S. Senators. Sens. Dianne Feinstein and Kamala Harris came out publically against President Donald Trump's nominations of Daniel Collins and Kenneth Lee to the Ninth Circuit, declining to return the so-called blue slips that indicate their sign-off.

[3/14 update from Law360: Trump's 9th Circ. Pick Apologizes For College Writings; and in the DJ: Lee, Collins appear before Senate Judiciary Committee]

Bloomberg Daily Brief notes: 20 Percent—President Trump has filled one-fifth of appellate court judgeships, or 36 out of 179 seats. The president has far outpaced recent predecessors in reshaping the courts, prompting Democrats to say the process has been rushed, and gaining accolades from conservatives. -- With Neomi Rao confirmation, Trump will have filled 36 of 179 seats.

Grant to study CA legal history

Today's DJ has retired Justice Werdegar's California Supreme Court Historical Society grant honors Selma Moidel Smith. So let's break this down: The California Supreme Court historical Society has established a Research Travel Grant to defray the travel expenses of law students and graduate students needing archival materials in the field of California legal history. (Applications are available here.) The grant has been established in the name of the famous Selma Moidel Smith, who serves on the Board of the CSCHS and who was admitted to the California Bar in 1943. Her 100th birthday is April 3.

Federal Stats are out!

AO Publishes 2018 Annual Report and Court Statistics

Hot off the press: Federal Judicial Caseload Statistics 2018

Filings in the 12 regional courts of appeals fell 16 percent to 49,363 (down 9,588 appeals) in 2018. Most of this decrease stemmed from fewer filings of original proceedings and miscellaneous applications, which offset increases in U.S. prisoner petitions, other U.S. civil appeals, and bankruptcy appeals. Civil appeals declined by 145 cases to 27,926.

Federal Judicial Caseload Statistics 2018 Tables

4/2 returns to high school!

Outreach Plus at the Indio High School

PJ Manuel Ramirez has announced that the court-community outreach program Outreach Plus will engage with 650 Indio High School students on Thursday, March 28, 2019 beginning at 7:45 a.m. The program is also open to the public.
“Outreach Plus is an innovative court-community outreach program, inspired by former Chief Justice George and supported by current Chief Justice Cantil-Sakauye, that has served as a model for other appellate court outreach programs statewide,” commented Presiding Justice Ramirez. “Since its inception in 2005 it has reached an estimated 14,000 students in 17 programs throughout the Coachella Valley.”
Presiding Justice Manuel A. Ramirez and Associate Justices Douglas P. Miller, Carol D. Codrington, Marsha G. Slough, Michael J. Raphael, and Frank J. Menetrez, will hear oral arguments in two pending criminal appeals at the Indio High School performing arts center.

9th Cir. nominee not Golden enough?

Law360 offers Trump 9th Circ. Pick's Lack Of Calif. Ties May Imperil Chances

• Some of the complaints about Kirkland & Ellis LLP partner Daniel A. Bress’ nomination to the Ninth Circuit may have struck a chord with Senate Judiciary Chairman Lindsey Graham, R-S.C., who said Thursday he was troubled by Bress’ tenuous connections to California.
• Bress who primarily does appellate work at Kirkland, does have some ties to California in his professional life. His law firm profile lists him as having offices in both Washington, D.C., and San Francisco, and he has worked on cases in California and at the Ninth Circuit.
• “We have 40 million people. We are bigger than 22 states and the District of Columbia combined,” Feinstein said. “I find it hard to believe the administration could not identify one single Californian that was suitable for this position.”
• Trump now has 89 confirmed judges, with two U.S. Supreme Court justices, 53 district court and 34 appellate judges on the bench. The number of judicial vacancies overall has only grown since Trump's inauguration though, to 154 this week.

1st District Justice gives $50M to law school

Today's Recorder reports Late California Judge's Estate Gives $50M to Scalia Law School

• A record-breaking $50 million gift to George Mason University, announced Thursday, will go to the university’s Antonin Scalia Law School to support 13 new faculty members.
• The gift is a bequest from the estate of the late Justice Allison M. Rouse of the First District Court of Appeal in San Francisco and his wife Dorothy B. Rouse. Allison Rouse was an appointee of then-Governor Ronald Reagan, who as president later appointed Antonin Scalia to the U.S. Court of Appeals for the D.C. Circuit and then elevated him to the U.S. Supreme Court.

Appointed to the 1st DCA in 1971, Justice Rouse retired in 1988 and died in 2005.

J. Anthony Kline, a colleague of Judge Rouse on the appeals court for six years, called him "a truly decent and caring man," one who "cared deeply about the law but was the kind of thoughtful, considered person who never got heated." "He was not an ideological person, although his experience was that of a prosecutor," Kline said. "He called cases down the middle and was pretty much a moderate."

1st District Considers Issuing Tentative Rulings

That's the exciting headline in today's DJ.

APJ Humes

They're tucked inconspicuously near the end of a lengthy issuance out Wednesday from the 1st District Court of Appeal that proposes, mostly, minor changes to the court's local rules. But the three concise paragraphs comprising proposed new Rule 15(b) -- titled "Tentative Opinions" -- constitute what Division Two Presiding Justice Anthony Kline describes as a "major transformation," and culminate decades of debate on an uncommon appellate procedure: the issuance of draft opinions in advance of oral argument.

The proposed rule would allow appellate panels, "on occasion and in their sole discretion, to issue tentative opinions in cases scheduled for oral argument." Were the rule to be formally adopted, it would mark the first time an entire California appellate district was officially amenable to the practice.

See:

Important Notice – Tentative New Local Rules

The Court of Appeal, First Appellate District, is updating its local rules. We encourage those interested to review and comment on the proposed rules before they go into effect this summer. To that end, a copy of the proposed local rules can be found here. We ask that comments be submitted via email by the close of business on April 12, 2019.

2d DCA pro tem update

The following are currently sitting on assignment:

• Judge Gregory J. Weingart of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until April 30, 2019
• Judge Allan J. Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until April 30, 2019
• Judge Serena R. Murillo of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until March 29, 2019
• Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until April 30, 2019
• Judge Kim Garlin Dunning of the Orange County Superior Court, will be sitting Pro-Tem in Division Four until April 30, 2019
• Judge Natalie P. Stone of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until March 31, 2019
• Judge Rashida A. Adams of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight until May 8, 2019

"Homecoming" for Judge Adams, who was previously a research attorney in Div. 8!

NLJ articles

Two articles of note from today's NLJ:

• Appellate Judges Have a Thing About Citing 'My Cousin Vinny': Merrick Garland Edition
• [Law360 article is 'My Cousin Vinny' Lesson Paid Off for NLRB, DC Circ. Says]
• Supreme Court’s Last ‘Crier’ Has Stories to Tell About Long-Gone Justices: Unlike many court traditions, the crier no longer exists. Meet George Hutchinson, the last crier of the court, who served in that role from 1952 to 1962.

Also of note from the other coast, Pa. Justices Lift Appellate Bar On Citing Unpublished Rulings

9th Cir. programs

The Ninth Circuit Court of Appeals and the Ninth Judicial Circuit Historical Society will host two free CLE programs in Las Vegas on March 11, 2019 at UNLV. See links for detailed information regarding both programs:
Ninth Circuit Appellate Advocacy CLE Program
Ninth Judicial Circuit Historical Society Women in the Law Program

These events are sold out. To watch a live stream of either or both programs on Monday March 11, use the link on our live stream page at https://www.ca9.uscourts.gov/media/live_oral_arguments.php.

Speaking of women in the law, see here about a new appellate judge named Rushing.

Juror Affidavits article +1

GMSR's Alana Rotter presents The Limits of Juror Affidavits in California in Law360 about Evidence Code section 1150 and the recent case of Guernsey v. City of Salinas, 241 Cal.Rptr.3d 335 (2018).

Today's DJ's Exceptionally Appealing column, Invisible Justice, is about per curiam opinions in the California Courts of Appeal and Supreme Court.

For a look at the other coast, and how NY's intermediate appellate courts deal with a vacancy problem, see First Department Introduces Four-Judge Panels, Upsetting NY Bar Associations.

New GOs for 9th Cir. Immigration Appeals

Effective April 1, 2019, the Court will establish briefing schedules in all new immigration petitions for review, whether or not a motion for stay of removal is filed. General Order 6.4(c) has been amended to eliminate the provisions that stayed or vacated briefing schedules based on the filing of a motion for stay of removal, and to establish new presumptive deadlines for the filing of the administrative record and the briefs in all new petitions for review, Click here to see the revised General Order provisions.