OC Appellate Event of the Year

Registrations are pouring in for the "OC Appellate Event of the Year" . . .

Monday's dinner at the Pacific Club honoring 4/3 PJ David Sills. 

Don't miss this unprecedented chance to mix and mingle with:

• Orange County legal leaders (such as Judge Andy Guilford and State Bar Executive Director Joe Dunn).
• Appellate lawyers from all over Southern California, and
• Appellate justices from the 4/3 and elsewhere!

We'll start things off right by presenting the first Sills Award for Appellate Excellence to its namesake. 

After dinner, we'll get expert analysis on the upcoming U.S. Supreme Court term from preeminent constitutional scholars John Eastman and Erwin Chemerinsky.

Reserve your spot here.

4/2 Visits Inyo County

The 4/2 will host "an innovative court-community outreach program at Bishop Union High School, 301 North Fowler Street, Bishop, California 93514, on Thursday, September 30, 2010, announced 4/2 PJ Manuel Ramirez. 

The 4/2 will hear oral arguments in two cases, "followed by a 30-minute question-and-answer session conducted by the justices and counsel."

CJ George to Speak

California Chief Justice Ronald M. George reflected on his accomplishments and challenges of the judicial branch during his final address to the State Bar of California at its annual meeting last Saturday.

The Chief’s full remarks are available here at the Met News.  Some highlights . . .

Historic Date.  “The date of my announcement—July 14—was intended to allow sufficient opportunity for a nomination to be made and confirmed by the Commission on Judicial Appointments in time for submission to the voters at the November election. Francophiles

A True Retirement.  “No greener pastures of employment tempt me, but the prospect of leisure time devoted to family, reading, and travel is irresistible. Seventy years is not an age too old for a person to occupy the office I am relinquishing. At the same time, I have served for 14 years in my present role, more than 38 years on the bench, and a total of 45 years in public service. I want to depart while I am young enough to pursue the richness of a life outside the law."

Road Trip to State Funding.  “When I assumed the position of Chief Justice [in 1996], I was determined to improve the fiscal security of the trial courts, having already served as a member of the Judicial Council. To better understand the operations and challenges faced by the local courts, I embarked upon visits to the trial courts in each of our state’s 58 counties, as well as to the appellate courts."

“During these visits, I encountered jurors congregating in stairwells and halls, and on sidewalks, because the court had no place for them inside, and one-day-or one-trial jury service was yet to be instituted. I saw prisoners being transported through clerk’s offices and public hallways.  A jurist presiding in a rural one-judge courthouse showed me law books piled in front of the bench employed as a makeshift shield after an attempted armed hostage-taking. I was impressed by a Los Angeles court commissioner’s construction—in his home workshop—of furniture for his courtroom, which itself was created partially out of a former utility closet."

“It was clear long before I completed my 13,000 mile journey around the state that the lack of consistent and adequate funding made the administration of justice a day-to-day challenge . . . ."

One Court, But We’re Not the Same.  “After state funding, the next major structural change came in 1998, when the electorate, by a two-thirds majority, approved our proposal to amend the constitution to permit the unification of the 220 superior and municipal courts into 58 trial courts—one in each county. By 2001, the judges in all counties had voted to unify, vastly reducing many of the inefficiencies that had been apparent during my court visits."

“Unification has allowed greater flexibility in the use of judicial and staff resources, eliminated duplicative functions, and allowed us to provide additional services such as collaborative justice courts, domestic violence courts, drug courts, and complex litigation courts."

Hail to the [New] Chief.  “In my view, often no single decision made by a Governor has as much impact on his or her legacy as the selection of a Supreme Court justice—particularly a Chief Justice of California. I believe that the Governor’s nominee for Chief Justice, Justice Tani Cantil-Sakauye, is the ideal person to assume the leadership of California’s judiciary."

“I know that I shall be leaving the future of the branch in the hands of an outstanding jurist who possesses an incisive mind, a commitment to access and fairness, and exceptional administrative and diplomatic skills. Whether leading the Supreme Court or the Judicial Council, I am confident she will build upon the achievements of the individuals who have preceded her as Chief Justice."

Living for Equal Justice Under Law.  “Like most of you here this morning, I have devoted my career to the law and to the cause of justice. ‘Equal justice under law is not merely a caption on the facade of the Supreme Court building,’ former United States Supreme Court Justice Lewis Powell once remarked. ‘It is perhaps the most inspiring ideal of our society . . . it is fundamental that justice should be the same, in substance and availability, without regard to . . . status.’ I certainly agree with that proposition."

"To me—and it was just as true when I began my legal career 45 years ago, as it is now as I leave the Supreme Court—justice never has been a matter of privilege and influence. To me, it always has been about the rule of law that lies at the heart of our democratic system of government."

"I consider myself truly fortunate to have been able to serve in California’s judiciary and to work together with so many extraordinary judges, lawyers, and staff. I wish each of you success in your own careers, as well as the great and abiding satisfaction that comes from the efforts you are making to ensure that the rule of law and access to justice continue to prevail."

Honor for Justice Zelon

2nd DCA Justice Laurie D. Zelon will receive the 2010 Benjamin Aranda III Access to Justice Award, which is cosponsored by the Judicial Council of California, the State Bar of California, the California Commission on Access to Justice, and the California Judges Association.

"[T]he Aranda Award honors a trial judge or an appellate justice whose activities demonstrate a long-term commitment to improving access to justice," notes the JCC press release.

 

News Flash: Dunn to Lead State Bar

Joe Dunn, one of the speakers at the OC Appellate Event of the Year, has just been selected Executive Director of the California State Bar.

Dunn "will begin his service at a date after the State Bar annual convention in Monterey and subject to the execution of a formal contract for his employment," according to the State Bar news release.  "'I am honored to have been offered this position. My life commitment has been to the legal profession, and there is no better way I can think of to show that commitment than to assist the Board of Governors with its work at the State Bar,' Dunn said."

Reserve Your Spot Now!

Don't miss the OC Appellate Law Event of the Year! 

Come to the Pacific Club in Newport Beach on Monday, October 4, to join us as we celebrate 4/3 PJ David Sills for his 20 years of service and get the inside scoop on the upcoming U.S. Supreme Court term.

Presenters include:

4/3 Justice William Rylaarsdam
Author of The Rutter Group's "Civil Procedure Before Trial"

U.S District Court Judge Andrew Guilford
Past State Bar President
Past OCBA President

Joe Dunn
California State Senate (ret.)

William Kopeny
Certified Appellate Specialist
Past Chair, JNE committee

Erwin Chemerinsky
Dean, UCI Law School

John Eastman
Professor, Chapman Law School

Appellate Law Can Wait

while we take a short pause to savor the following news from this weekend:

UCLA 31, Houston 13

Oakland 16, St. Louis 14



Like a blue moon -- or a night in which none of the kids wakes up at 3 a.m. -- a weekend with both a Bruin win and a Raider win happens once or twice a year . . . at most.  So I'm pretty happy right now.

And come to think of it, the boys slept through the night on Saturday . . . .

Justice Breyer Continued

Charlie Rose interviewed Justice Breyer on Friday.  The hour-long video is available here.

And Jeffrey Toobin analyzes whether Justice Breyer can "save the Obama agenda in the Supreme Court" in the New Yorker, available here.

Justice Breyer Interview

 U.S. Supreme Court Justice Stephen Breyer discussed his new book, Making Our Democracy Work: A Judge's View, on NPR's Fresh Air yesterday.

Click here for a summary and audio of the full interview (warning:  it'll cost you a 0.5 nonbillable). 

A couple highlights:

On original intent:  "'Much in the Constitution is written in a very general way.  Words like 'freedom of speech' do not define themselves.  Nor does the word 'liberty.'  And what [the Framers] intended with these very basic values, in a document, [was that they] would last for hundreds of years. So they had values that changed but little, while the application of those values changes as circumstances change."

On playing at politics:  Dred Scott "'was a terrible decision.  And the only justification I've ever heard for it was that Roger Taney, the chief justice, and the majority thought that by deciding that, they would avoid the Civil War.  It happened the opposite way. They fed the flames of the Civil War. . . .  The lesson, in part, is that judges are not very good politicians.  And if you want people to decide politically, you better let Congress decide. Not the judges — we're in an institution that is to be there in order to protect people who might be very unpopular.'"

Join the Party! 4/3 Justice Sills Celebrates 20 Years as PJ

The OCBA Appellate Law Section will celebrate Justice David Sills’s 20th anniversary as 4/3 Presiding Justice (!) with a dinner at the Pacific Club on Monday, October 4.

Orange County legal leaders are turning out in full force to honor Justice Sills.  Speakers include:

*  Hon. Joe Dunn, California State Senate (ret.)
*  Hon. Andy Guilford, U.S. District Court
*  Hon. William Rylaarsdam, 4/3 Court of Appeal
*  William Kopeny, Esq.

Other Court of Appeal justices, trial court judges, and prominent lawyers and dignitaries also are expected to attend.

The first David G. Sills Award for appellate excellence will be presented to its namesake at the dinner.  This will be an annual award for an appellate jurist or lawyer — the first of its kind presented in Orange County.

The celebration will be capped off with a preview of the U.S. Supreme Court’s 2010 term by leading scholars Erwin Chemerinsky and John Eastman.

Don’t miss out on joining the Orange County legal leadership and the Southern California appellate community for an enjoyable evening at the Pacific Club. 

Fax this form to 949-440-6710 or register online at the OCBA website.

Cal Supreme Stats

The California Supreme Court released its annual statistics for the 2009-2010 court year.  Of note:

Filings:  "Total filings increased from 9,556 in 2008–2009 to 9,917, in 2009–2010, the second highest number of filings in the past decade.  [P]  Filings in original proceedings increased by approximately 5 percent to 3,756, while filings of petitions for review declined from 5,158, in 2008–2009 to 5,110. (The balance of filings consisted of State Bar-related matters and death penalty matters.) Civil petitions for review dropped slightly from 1,307 filings to 1,219. Criminal petitions for review increased from 3,850 to 3,891."

Opinions:  "In the 2009–2010 court year, the Supreme Court filed opinions in a total of 105 cases, of which 42 involved civil cases, 37 involved noncapital criminal cases, 23 resolved automatic appeals arising from judgments of death, and an additional three involved habeas corpus petitions relating to death penalty judgments.  [P]  In addition to the opinions filed in the 2009–2010 court year, the court acted by order upon 30 petitions for writ of habeas corpus relating to death penalty judgments."

Publication:  "In 2009–2010 the Supreme Court ordered publication of only one Court of Appeal opinion," and  "an all time low of only four Court of Appeal opinions were ordered depublished by the Supreme Court."

So don't hold your breath on those pub/depub requests . . .

Justice Ikola: Judge of the Year

4/3 Justice Raymond J. Ikola will be recognized as the 2010 Judge of the Year by the Constitutional Rights Foundation-Orange County.

The CRF-OC is “a non-profit, non-partisan educational organization” dedicated “to involve and empower youth to become active, responsible citizens” through successful programs like Peer Court, Law Day, and high school mock trial. Justice Ikola has long been dedicated to the CRF-OC, serving on its Judicial Advisory Board and judging virtually every round of mock trial for over a decade.

Justice Ikola serves on the Judicial Council’s Appellate Advisory Committee and Court Technology Advisory Committee. His prior awards include Judge of the Year from the Orange County Bar Association Business Litigation Section, 2000; Judicial Civility Award from the Robert A. Banyard Inn of Court, 2001; Judge of the Year from the American Board of Trial Advocates, Orange County Chapter, 2001; and Judge of the Year from the Orange County Trial Lawyers Association, 2001. The CRF-OC previously recognized him as Judge of the Year in 2001 and presented him with its Distinguished Service Award in 1996. Did I mention he holds a Ph.D in electrophysics? His record is so impeccable it has even survived hiring me.  That says something.

The CRF-OC will present Justice Ikola with The Honorable James P. Gray Judge of the Year award on Thursday, October 7, at its annual Legacy Dinner at the Center Club in Costa Mesa.

The RSVP form is available here.  Or you can get tickets here.

Courts, Media, and the First Amendment

Got thoughts on . . .

• Cameras in the courtroom?

• Gag orders?

• Sealing court documents?

The Judicial Council’s Bench-Bar-Media Committee is seeking comments on its recommendations on these and related issues.  The recommendations include:

• creating an "explicit presumption that cameras and other recording devices are allowed in the courtroom"

• conditioning gag orders on "a specific finding of a legitimate competing interest that overrides the public’s right of access," and

• requiring all courts to post sealing orders and applications "on their local websites within five court business days."

The public may submit comments by 5 p.m. on Friday, October 29, 2010, at the California Courts website at www.courtinfo.ca.gov/invitationstocomment.

New Look for ScotusBlog

Speaking of the US Supreme Court, check out the revised SCOTUSBlog for the latest on high-court happenings.

Training Pigs at the US Supreme Court

Would you be surprised to learn that conservative US Supreme Court justices tend to hire clerks who previously worked for Republican-appointed judges, while liberal US Supreme Court justices tend to hire clerks who previously worked for Democrat-appointed judges?

Me neither.

But what may be startling is the degree to which this is true, according to Adam Liptak at the NY Times. 

"Since Chief Justice John G. Roberts Jr. joined the court in 2005, Justice Antonin Scalia has not hired any clerks who had worked for a judge appointed by a Democratic president, and Justice Samuel A. Alito Jr. has hired only two. At the other end of the ideological spectrum, only four of Justice Ruth Bader Ginsburg’s clerks on the Roberts court came from judges appointed by Republicans. The early data on President Obama’s two appointees, Justices Sonia Sotomayor and Elena Kagan, show a similar pattern."

The most extreme example comes from Justice Clarence Thomas.  "Without exception, the 84 clerks he has chosen over his two decades on the court all first trained with an appeals court judge appointed by a Republican president."  "'I won’t hire clerks who have profound disagreements with me,' he said at a luncheon in Dallas a decade ago. 'It’s like trying to train a pig. It wastes your time, and it aggravates the pig.'"

(h/t How Appealing)

What'd I Miss?

Did the California appellate courts go on without me while I was on vacation?

Apparently so.  Didn't miss a beat. 

But here's what I missed:

The Commission on Judicial Appointments unanimously confirmed the nomination of Justice Cantil-Sakauye (left) as the next Chief Justice of California. Justice Cantil-Sakauye had received the highest rating — “exceptionally well-qualified” — from the State Bar Commission on Judicial Nominees Evaluation.

The Commission on Judicial Appointments also confirmed the nomination of Justice Brad Hill as 5th DCA Presiding Justice, the nomination of Judge Carol Codrington (right) to the 4/2 DCA, and the appointment of Judge Louis Mauro to the 3rd DCA.

The LA Times profiled Frederick “Fritz” K. Ohlrich, the Clerk of the California Supreme Court (left, with Jean McEvoy). The article highlights his preparation of attorneys for oral argument before the court.

The Judicial Council released its annual court statistics report.

The Judicial Council also announced it will present 3rd DCA APJ Arthur G. Scotland (right) with its Ronald M. George Award for Judicial Excellence.

In other awards news, the State Bar of California will present the 2010 Bernard E. Witkin Medal — which recognizes “those legal giants among us who have altered the landscape of California jurisprudence” — to Beth Jay (left), principal attorney to Chief Justice Ronald George. Appellate court attorneys throughout California rejoice!

And the California Supreme Court will broadcast oral argument in the “state employee furlough” cases on Wednesday, September 8, from 9:00 a.m. to 10:30 a.m., on the California Channel.