Monday, June 27, 2016

Gilbert on Verdi and Strepponi

Today's DJ reports on LACBA's Outstanding Jurist Award presented to PJ Gilbert last week in LACBA installs new officers, honors Gilbert, Kuehl; Margaret Stevens takes the reins after tough year. The article does not mention how, when accepting his award in the music center, he delighted the crowd with Dorothy Chandler Pavilion 'bathroom jokes,' and then cruelly teased the audience by (following his wife's advice and) refusing to read a poem he had written about Verdi and Guiseppina Strepponi. If you ducked out of the event before the midnight after-party, then you left unsatisfyingly tantalized about the poem. Suffer no longer! For your edification and amusement...

Verdi by Giovanni Boldini.jpgGuiseppina Strepponi
Loved Verdi and spumoni, 
Was his lover, not a crony, 
His muse, his rigatoni,

She, Verdi's love, his love only, 
A love that's true, not phony,
They an island, not Coney
They, ham and cheese, not baloney.  

Hard to Imagine 4/3 w/o Justice Rylaarsdam!

Today's DJ offers Appellate justice William Rylaarsdam retires Thursday; Retiring appellate justice plans to join Legal Aid. The article explains "he'll be volunteering a few days each week at Legal Aid in Santa Ana, which provides free space for young lawyers who do pro bono work while building their own practices." "Rylaarsdam was the longest-serving justice in Division 3, having been appointed by Gov. Pete Wilson in 1995."

Image result for justice rylaarsdam
"The last 21 years on the Court of Appeal have been pretty much been the highlight of my professional life."
"I've probably enjoyed it more than anything else I've done in law."

Friday, June 24, 2016

Ninth Circuit Judicial Conference to Convene in Montana

The 2016 Ninth Circuit Judicial Conference will be held July 11-14, 2016, in Big Sky, Montana.
The conference is authorized by law “for the purpose of considering the business of the courts and advising means of improving the administration of justice within the circuit.” 28 U.S.C. § 333.

The conference provides an exceptional educational program and facilitates circuit governance through more than 30 business meetings. Conferees include judges of the United States Court of Appeals for the Ninth Circuit and the U.S. district courts and U.S. bankruptcy courts of the circuit, along with lawyers practicing in these courts, court staff and special guests. For space and security reasons, attendance is by invitation.

“And Justice for All” is the theme of this year’s conference. General session topics focus on income inequality and its effects on courts and lawyers; ensuring fair and impartial policing in the post-Ferguson era; the legal history and unique relationships of the Native American tribes and territories in the U.S.; a look at the psychology and neuroscience of thinking and reasoning; and how mindfulness practices can improve legal analysis, judgment and decision-making.
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The opening session of the conference will include welcoming remarks by Montana Governor Steve Bullock and a video message from U.S. Senator Jon Tester of Montana. The session will also feature a conversation with U.S. Supreme Court Justice Anthony M. Kennedy; presentation of professional awards; and recognition of the student winners of the 2016 Ninth Circuit Civics Contest, an educational outreach effort by all of the courts of the circuit.

Other conference programs include a review of recent Supreme Court cases; a special session for attorneys on ethical and practical lawyering and one for judges on the practice of judging; an information technology program on balancing privacy and security; a presentation on recognizing and countering implicit bias in decision-making; and discussion of mediation techniques for judges, lawyers and mediators.

Presenters and panelists at the conference include a number of federal appellate, district, bankruptcy and magistrate judges from the Ninth Circuit and elsewhere; well-known practitioners; members of the academia; and leading scientists and researchers.

Cal. Supreme Court Launches Temporary Webcast Archive

Supreme Court Launches Temporary Webcast Archive (Jun 24, 2016)
The Supreme Court of California has launched a temporary oral argument webcast archive on its section of the California Courts Newsroom. The archive contains captioned video or audio and support documents from its May 3, 4, 5, 26, 27, and June 1, 2 (audio-only) oral argument calendar sessions in San Francisco and Los Angeles.

The Supreme Court of California launched its live webcasting of oral argument calendars with the early-May calendar in San Francisco, receiving over 3,500 live views.
Following the late-May and June oral argument calendars that live view number has risen to over 7,000. A temporary archive of these oral arguments is now available below. Each archive contains a full day of oral argument with an index of the cases argued under the view window--click on a particular case and the video, or audio, of that case with captions will play in the view window.They feature a similar user expereince to the live webcast with:

  • Recorded video, or audio for the Los Angeles calendar, and English captions
  • The scrollable support document with information on the issue(s) and counsel arguing
  • Links to the justices' biographies, the case docket, and briefs

A permanent oral argument calendar webcast archive will be established when the court begins oral arguments again in September 2016.

Tuesday, June 21, 2016

Speaking of the 5th DCA...

We previously reported that the 5th DCA would be live streaming oral arguments "soon." We now know that "soon" means .... June 29!
Image result for webcastingThe Court of Appeal, Fifth Appellate District will start live streaming of oral arguments effective June 29, 2016. Visit our Calendars page for upcoming Oral Argument Webcasts.

The Fresno-based Fifth District Court of Appeal will become the first California Court of Appeal to begin webcasting oral argument. The webcasting will launch for the morning session on June 29, according to Administrative Presiding Justice Brad Hill.
"We have been inspired by the state Supreme Court, which began webcasting oral argument last month," Justice Hill said. "Our court has more than 2,000 court filings each year from superior courts in nine counties—Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne. We agree with Chief Justice Tani G. Cantil-Sakauye that webcasting oral argument should make the appellate process more transparent and increase understanding about how the judicial branch serves the public."
The webcast can be accessed June 29 through the calendar page on the Fifth District Court of Appeal website before the first oral argument begins at 9:00 a.m.
"We're looking forward to ushering in a new era of transparency," said Justice Hill. "As the Chief Justice has said, 'The strength of our democracy depends on the public's understanding of our democracy.' We will monitor our initial sessions and make adjustments as necessary, given our limited resources."

Taking the 5th: Like father, like son

Today's DJ profiles Justice Donald Franson Jr. in Justice Donald Franson is establishing himself on the 5th District bench where his father sat.
Image result for justice fransonThe reputation of Justice Donald Franson Jr.'s father looms large over the 5th District Court of  appeal. The late Justice Donald Franson Sr., former presiding judge of the court, remains a legendary figure among the Fresno legal community. When Franson Jr. became a justice of the same court, he was sworn in before a copper bust of his father that is mounted in the courthouse. "I can't believe I'm here. I kind of wish I could tell my dad I got here," Franson said. "He never said anything, but I think he was hopeful [I would]. I think he thought, you know, what a good gig, and to do it on my own and get there. ... I guess he was right."
"Those familiar with Franson's work on the bench described him as well-versed in the law, engaged during oral argument, and perpetually courteous, in and out of court.

Monday, June 20, 2016

New Clerk at the 3d DCA!

Ms. Andrea Wallin-Rohmann Appointed Clerk/Administrator of the Third Appellate District

Friday, June 17, 2016

Anti-SLAPP law in the 9th Circuit

Image result for open door, closed doorA few days ago, in Hyan v. Hummer, the 9th Circuit once again clarified how federal anti-SLAPP practice differs from California anti-SLAPP practice regarding appealability. In California, of course, an order granting or denying an anti-SLAPP motion is appealable. But in the 9th Circuit, the denial of an anti-SLAPP motion is appealable under the collateral order doctrine; but the granting of an anti-SLAPP motion is not appealable. For that, you need a true final judgment.

[6/22 update: See in today's DJ Jens Koepke's article Anti-SLAPP Appealability Getting Complicated]

Americans Love Litigation! Need proof? How about this here:
"This appeal began as a dispute between a landlord and a tenant over a $5 fee. Once the dispute entered the administrative arena, it grew to $9,932.87. After an administrative appeal and mandate proceedings in the superior court, the dispute is now here."

Service on the Attorney General

We know that the mandatory Judicial Council's Civil Case Information Statement form has a helpful section listing when special service is required (e.g., for cases involving constitutional challenges, antitrust, unfair competition, false advertising, Unruh Act claims, CEQA, etc.). But this list isn't necessarily complete. It ends with "Other (specify statute):" So how can you check to see if your case happens to fall into one of these special categories?

Well, one way is to check out the Attorney General's nifty webpage covering all sorts of useful and interesting information about when you must serve the AG: Service on the Attorney General
Image result for california ag office
(Hat tip to Lance Winters at the AG's office in LA)