Wednesday, December 11, 2019

9th Circuit articles

Law360 has a pair of Ninth Circuit articles of note:
  • 2 Nominees To Join 9th Circ. After Party-Line VotesThe Senate voted along party lines Tuesday to confirm a California pick for the Ninth Circuit (41-year-old Patrick Bumatay) and advance a Nevada nominee (47-year-old Lawrence VanDyke) for that circuit despite opposition from both states' Democratic senators.
  • Kozinski's Return To Court Sparks #MeToo Ethics Questions: "the post-#MeToo landscape raises questions as to whether bar associations — which have long put great emphasis on character and fitness when lawyers are first licensed — should take a more proactive role in investigating lawyers."
“In Jameson, as a matter of ensuring equal access to justice, the California Supreme Court held that a litigant who ‘qualifies for a waiver of initial court filing fees is entitled, as well, to a waiver of fees for the attendance of an official court reporter at a hearing or trial.’…This rule does not apply to these petitioners, as they did not seek or obtain a fee waiver, and there is no claim they were denied access to justice. Moreover, nothing in Jameson imposes a duty on the court to inquire if a party wants a verbatim transcript. The portion of the opinion which petitioners cite to support their contention is a recitation of the factual background in Jameson….The recitation of facts is not a holding, nor does it impose any duty on the court.”