Wednesday, July 29, 2015

Musings on the latest Bluebook + movie night

Image result for the bluebook 20th editionTime to get a new Bluebook! The Bluebook: A Uniform System of Citation is now in its 20th edition. To find out why California style is like English style, see The Bluebook's 20th edition prompts many musings from Bryan Garner in the ABA Journal online.

Image result for tim's vermeerAlso in the ABA Journal online today is another article about Judge Kozinski's movie night: Judge's movie night brings the court and the public closer together. The next KFF movie night is Monday, August 3, for a showing of the 'riveting documentary,'Tim's Vermeer (narrated by Penn Jillette and directed by Teller!). Special guest will be Tim Jenison himself!

Tuesday, July 28, 2015

Still vacancies in the 2d District

Despite last week's infusion of four new justices to the 2d District, there are still vacancies in Divisions 7, 6 and 3 (when Justice Kitching retires).

The MetNews reports today that: Judge Ann Jones Is Under Consideration for one of those seats, and also recaps other names that have been floated:
Los Angeles Superior Court judges who are also in contention for appointment to this district’s appeals court are Helen Bendix,  Sanjay Kumar, Russell Kussman, Rita Miller, and Richard Rico. Others whose names have been sent out by the Commission on Judicial Nominees Evaluation for comment are Los Angeles appellate attorney Kent Richland, Los Angeles attorney Bradley Phillips, Ventura Superior Court Judge Tari Cody, and Southwestern Law School Professor Christopher Cameron.

Image result for open seats

Monday, July 27, 2015

Appellate tidbits

The Recorder gives Justice Lui a thumbs-up:
  Elwood Lui 
Why retire when you can return to the job you most loved? After nearly three decades in private practice, 74-year-old Lui will once again hold a seat on the Second District Court of Appeal.

Thursday, July 23, 2015

Interesting, Engaging, Delightful testimony

Several 2d District Justices found themselves in familiar surroundings this morning, in the courtroom, but in an unfamiliar location: behind the lectern, addressing a panel of AG Harris, APG Turner, and the Chief. (And the ones that didn't speak were packing  the 'clerk's gallery' were the research attorneys typically sit during oral argument.)

Witnesses in support of Elwood Lui were:
Justice Arthur Gilbert (amusing as always), Justice Frances Rothschild (who repeatedly remarked on Justice Lui's "Big Brain"), Hon. Dickran Tevrizian (C.D. Cal. ret., who's known Justice Lui since elementary school), and Jones Day's Christopher Lovrien (who noted that when he asked about Justice Lui's most difficult oral argument, he responded that it was testifying at Justice Gilbert's confirmation hearing!)...

Witnesses in support of Judge John Segal were:
The Hon. Robert S. Vance Jr. (10th Judicial Circuit from Alabama -- in his Southern accent, he said something along the lines of "this Commission probably doesn't hear much testimony from people from Alabama," prompting the Chief to affect in her own theatrical Southern accent something along the lines of "but we're just deeelighted to have you here.");
LA County Bar President Paul Kiesel (who shared a baseball story);
and 2/7's PJ Dennis Perluss.

Witnesses in support of Judge Luis Lavin were:
LASC Judges Ann Jones (who officiated at Judge Lavin's wedding) and Mary Strobel.
Immediately after the confirmation vote, Justice Lavin was sworn in.

Witnesses in support of Lamar Baker were:
9th Cir. Judge Dorothy Nelson, Michael Strumwasser, and George Cardona.
Justice Baker's swearing in will be Monday at 10:30 a.m. and APJ Turner invited the public.

Stay tuned for articles in the DJ, MetNews, etc., with further coverage.
[7/24 Update: MetNews = Commission Confirms Four Brown Nominees for Court of Appeal; DJ = Committee confirms four appellate justices; Recorder = Second District Gets Four New Justices]

Also sniffing around the courtroom was Jet, an adorable black Labrador retriever, who apparently has worked in the building for the past six years, but who often isn't seen in and around the courtroom.
New justices! A puppy! Who could ask for more!

New Justices Confirmed

Commission Confirms Appointments to Court of Appeal, Second Appellate District
Chief Justice Tani G. Cantil-Sakauye, Chair of the Commission on Judicial Appointments, announced that the commission today confirmed the following appointments by Governor Edmund G. Brown, Jr. to the Second Appellate District (Los Angeles).
  • Mr. Elwood G. Lui, as Associate Justice of the Court of Appeal, Second Appellate District, Division One (Los Angeles). He will fill the vacancy created by the elevation of Justice Frances Rothschild to Presiding Justice.
  • Judge John L. Segal, as Associate Justice of the Court of Appeal, Second Appellate District, Division Seven (Los Angeles). He will fill the vacancy created by the retirement of Justice Frank Y. Jackson.
  • Judge Luis A. Lavin, as Associate Justice of the Court of Appeal, Second Appellate District, Division Three (Los Angeles). He will fill the vacancy created by the death of Justice H. Walter Croskey.
  • Mr. Lamar W. Baker, as Associate Justice of the Court of Appeal, Second Appellate District, Division Five (Los Angeles). He will fill the vacancy created by the retirement of Justice Orville A. Armstrong.
The appointments were approved by a unanimous vote at the public hearings held in the Supreme Court Courtroom, Ronald Reagan State Office Building, 300 South Spring Street, Third Floor, North Tower, Los Angeles.

Today's Recorder offers this: Cartoon: Brown Stacks the Bench

Wednesday, July 22, 2015

4/2 to reenact Mendez case

Appellate Court to Reenact Oral Argument in Westminster School District v. Mendez

Justice John G. Gabbert Historic Oral Argument and Lecture Series Celebrates Hispanic Heritage Month
Commemorates 70th anniversary of California’s school desegregation case and 50th anniversary of the creation of local appellate divisions
Image result for mendez v. westminsterRIVERSIDE—Presiding Justice Manuel A. Ramirez today announced that the Court of Appeal, Fourth Appellate District, Division Two, will host the third Justice John G. Gabbert Historic Oral Argument and Lecture Series. The oral argument reenactment and lecture will commemorate the appeal to the federal Ninth Circuit Court of Appeals, Westminster School District of Orange County v. Mendez—California’s school desegregation case that preceded Brown v. Board of Education by seven years.
The event celebrates National Hispanic Heritage Month (September 15-October 15), and commemorates the 70th anniversary of the Mendez petition filing and the 50th anniversary of the California Court of Appeal, Fourth Appellate District being divided into geographic Divisions One (San Diego) and Two (Riverside) by legislation.
“The heart of the Mendez lawsuit was five fathers and mothers who saw their children being denied access to the quality public education they had been promised as American citizens, and that was being delivered to their non-Hispanic neighbors,” commented Presiding Justice Ramirez. “They saw it as unfair and wrong, and that it was hurting their children. So because of the courage and resolve of those parents, California became the first state in this country to legally abolish segregation in public schools.”

Event Details

Where: Court of Appeal, Fourth Appellate District, Division Two, 3389 Twelfth Street Riverside, CA 92501
When: 3:00 p.m., Thursday, August 27, 2015
Information/Reservations:    Paula Garcia, Assistant Clerk/Administrator, 951-782-2530
Event Overview
The reenactment of the oral argument will be accompanied by historical, legal, and personal perspectives and followed by a reception and open house.
  • Following introductory remarks by Presiding Justice Ramirez, constitutional law scholar Erwin Chemerinsky, Dean of the University of California, Irvine, School of Law, will give an overview and historical perspective of Mendez and discuss the relationship of the Mendez and Brown cases.
  • Argument on behalf of the petitioning parents will be presented by Christian Buckley, a partner in the law firm of Buckley & Buckley, and by Christopher Arriola, Deputy District Attorney in the Santa Clara County District Attorney’s Office.
  • Argument on behalf of the school districts will be reenacted by Scott Taylor, Deputy Attorney General of the Office of the California Attorney General, and by Kahn A. Scolnick, partner and general litigator in the law firm of Gibson, Dunn & Crutcher.
  • The decision will be presented by the Honorable Jesus G. Bernal, Judge of the United States District Court, Central District of California.
  • Historical and personal perspectives will be presented by Ms. Janice Munemitsu, Mr. Gonzalo Mendez, Mr. Henry Ramirez, Mr. Michael Ramirez, and the Honorable Frederick P. Aguirre, Judge of the Superior Court of California, County of Orange.
  • Presiding Justice Ramirez will then make closing remarks.
  • Before and after the presentations, historical and artistic displays and informational videos will be presented at various locations within the courthouse
  • After the courtroom presentations, a reception will be held in the library and courtyard.
  • Tours of the courthouse will also be provided.
Additional Program Contributors and Supporters
The John G. Gabbert family; Hillary Jenks, Ph.D., Director, Center for Social Justice and Civil Liberties; Amy Cardullo, CFRE, CSPG, Director, Riverside Community College District Foundation and Alumni Affairs; Chris Carlson, Chief of Staff, Riverside Community College District; Dr. Greta Nagel, President and Executive Director of the Museum of Teaching and Learning; and Ms. Sandi Simmons, Artist.

Case Citations
  • Mendez v. Westminster School District of Orange County (D. Cal. 1946) 64 F. Supp. 544
  • Westminster School District of Orange County v. Mendez (9th Cir. Cal. 1947) 161 F.2d 774
  • Brown v. Board of Education (1954) 347 U.S. 483