Thursday, December 19, 2019

Surfing Syda!

In Common Touch, today's DJ profiles Santa Cruz County Superior Court Judge Syda Cogliati: New Judge Cogliati campaigned on her bus rides to work as an appellate attorney.
    Image result for judge surfing
  • She’d often hand campaign literature to her fellow riders and sit and chat with them every morning on her way to her job as a senior research attorney for the 6th District Court of Appeal. “The day after the election, when I got on my bus, they gave me a standing ovation,” Cogliati recalled. “It just really cemented for me how much of a grassroots campaign I had.”
  • Cogliati said she learned many lessons as a senior research attorney for 6th District Court of Appeal Justice Patricia Barmattre-Manoukian for 13 years, including initialing every page as a reminder it’s been read. But being an appellate attorney also taught her the importance of what she called “appeal proofing” her record. “I like stating what the standard is and using the legal terms that are the key terms and things ... I know are going to be helpful if my decisions are reviewed and showing that I’ve considered the evidence and the arguments and how I’ve gotten to my ruling,” Cogliati said. “I think that’s really important both for the litigants and the attorneys, but also for the potential appellate review.”
  • “Every day I possibly can, I surf before work,” Cogliati said. “And I feel like it’s one of the things that helps me maintain a calm, relaxed, positive demeanor on the bench.”

Today's DJ also has GOP-named 9th Circuit Judges Decry Death Penalty Ruling:

  • A chorus of Republican-appointed judges on the 9th U.S. Circuit Court of Appeals decried on Wednesday a ruling that granted relief to a death penalty appellant, dissenting from a circuit-wide decision not to rehear the case.
  • The 12-judge dissent -- joined by six of President Donald Trump's appointees and one Democrat-nominated jurist, John B. Owens -- reflects a circuit whose conservative cohort has swelled with 10 recent Trump selections, making the outcome of en banc votes less predictable than during recent decades when the court's appointing-party balance tipped decidedly left.
  • Bea's dissent -- joined by Circuit Judges Jay S. BybeeConsuelo M. CallahanMilan D. Smith, Jr.Owens, Mark J. Bennett, Ryan D. Nelson, Bridget S. Bade, Daniel P. Collins, Kenneth K. Lee, and Daniel A. Bress -- called the panel's approach "radical" and "unwarranted under AEDPA," and warned that it would elicit swift Supreme Court reversal, as have previous circuit death penalty decisions the judge cited.
  • En banc rehearings convene when a majority of the 29-judge circuit so vote. Trump's 10 additions to the bench -- two coming last week, VanDyke and Patrick Bumatay -- give the circuit 13 GOP-named judges.