Revised Stats Report Posted!

The Revised 2020 Court Statistics Report has now been posted here! (The original report, posted in Sept. 2020, was pulled on Dec. 31, 2020 to be "updated" because some of the data was incorrect.)

Don't ignore adverse precedent

This published case here from 1/5 calls out counsel for failing to acknowledge precedent that was known but not disclosed (fn. 4):

We admonish counsel to candidly acknowledge such authority in the future. (See Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2020) ¶ 9:58 [“Your failure to confront unfavorable relevant holdings will be regarded as an attempt to deceive and mislead the court.”]; Rules Prof. Conduct, rule 3.3(a)(2) [“A lawyer shall not: [¶] . . . [¶] (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel,” fns. omitted].)

CJP complaint filed against the 3d DCA

Today's DJ has Complaint to watchdog says 3 appellate justices are too slow: In his complaint sent Tuesday, Jon B. Eisenberg of Healdsburg said the problem appears to be coming mainly from three of the court's longest-serving veterans: Justices Coleman A. Blease and William J. Murray Jr., and Presiding Justice Vance W. Raye.

• "Over the past few years, many of my colleagues and I have become increasingly concerned about lagging performance in the 3rd Appellate District, sharing personal anecdotes about lengthy delays from the completion of a briefing to submission for decision," Eisenberg wrote.
• "The 3rd District had the highest level of pending appeals per justice as of June 30, 2003 -- 19% higher than the statewide average," the 2004 [Annual Stats] report noted. "The 3rd District had the highest level of pending appeals per justice as of June 30, 2018 -- 44% higher than the statewide average," stated the 2019 report, the most recent year available.
• Eisenberg found the court's 10 current justices each produced an average of 96 majority opinions annually since the beginning of 2018. This isn't far from the statewide average, though the highest producing appellate court -- the 4th District's Division Two -- churned out 139 majority opinions annually per justice.
• Blease produced 89, Raye 86 and Murray 37. The only other justice on the 3rd District court to fall below the average was Justice Peter A. Krause. He's delivered 95 majority opinions per year, according to Eisenberg's research, despite being on the court just over two years and having never served as a judge prior to that.

Virtual Moot Court Judges Needed

The January/February Civil Rights issue of The Federal Lawyer is now available on fedbar.org for viewing. See page 22 for Heroes Never Die: How RBG Can Live On, by San Diego appellate specialist Rupa Singh.

Calls for Moot Court Judges

1) The Federal Bar Association Younger Lawyers Division is seeking Judges for the 2021 Thurgood Marshall Memorial Moot Court competition to be held virtually March 9-12, 2021. If interested in learning more about the opportunity, please contact sections@fedbar.org.

2) The ABA Law Student division is hosting the National Appellate Advocacy Competition this year online via Zoom and is looking for judges. This year’s virtual format means that almost anyone, anywhere can participate, but the hope is to target folks that live within the time zones each “region” is aligned with. That said, anyone can volunteer for any region. More info:

The American Bar Association Law Student Division is looking for attorneys, judges, and counselors to volunteer as mock “Supreme Court” Justices for its annual National Appellate Advocacy Competition. This year’s topic is Civil Rights Law, focusing on the First Amendment rights of a public employee and the qualified-immunity doctrine. Due to COVID-19 precautions, the competition will be held completely virtually, meaning that volunteer judges from all over the United States can help mentor law students participating in this prestigious competition. Competitions will be held via Zoom on the weekends of February 18–20, February 25–27, and March 4–6. Competition rounds last approximately 4 hours. For more details, please go to the NAAC Judges web page or direct questions to competitions@americanbar.org.

Supremes Deny Johnson petition

Today the Cal Supreme Court denied review of the CJP's order removing Justice Jeffrey Johnson.

The Recorder has Ouster of Appellate Justice Jeffrey Johnson is Upheld by Supreme Court:

The denial appears to formally end years of investigation and disciplinary hearings that resulted in the first-ever removal of California appellate justice removed by the commission.

[1/28/21 DJ has: State high court upholds ex-justice Jeffrey Johnson's removal: Johnson is the first sitting appellate justice to be removed from office]

What's your platform?

 

Law360 has Justin Heminger's 10 Tips for Your Next Virtual Court Appearance, which notes:

• In what qualifies as a supermajority, 10 of the 13 federal courts of appeals are using Zoom for virtual arguments. Many federal district courts have followed suit.
• Although Zoom is the most popular platform, some courts use other platforms. For example, the U.S. Courts of Appeals for the First and Eighth Circuits have fashioned a thin circuit split by using Microsoft Teams. And the U.S. Court of Appeals for the Federal Circuit is holding arguments telephonically.
• You can even use a personal device — an iPad, for instance. For example, the clerk's office at the U.S. Court of Appeals for the Ninth Circuit has confirmed that you do not need specialized equipment to participate in a virtual argument and that judges have participated in arguments from home on their tablets.
• Anecdotally, most attorneys are sitting for virtual arguments. One colleague reports that staff at a federal circuit court informed her that the court preferred attorneys to sit, not stand, during argument, and that 90% to 95% of attorneys did so. Or as another colleague wisely recommends to arguing attorneys, be like the TV news anchor, not the weather person.
• Several federal circuit courts have posted helpful guidance online. For example, the Fourth Circuit has posted Videoconferencing Tips for Counsel on its website. Likewise, the Tenth Circuit has prepared a Guide for Participating in Remote Video Oral Arguments via Zoom for Government, available on its website. The Fifth Circuit shares a useful guide directly with arguing attorneys.

RIP Justice Premo (1936-2021)

 

Justice Eugene Premo, retired from the Sixth District Court of Appeal on January 15, 2021 passed away Monday afternoon at his home surrounded by his family.

[Hear PJ Greenwood's remarks here.]

JNE evaluating Tucher for PJ

Governor Gavin Christopher Newsom has submitted to the JNE Commission for evaluation the following candidate: Alison Margaret Tucher (For Presiding Justice) for First District Court of Appeal, First District Court of Appeal.

(Justice Tucher is presently in Division 4, but there are PJ openings in Divisions 3 and 5.)

Disinformation and Free Speech program

Free livestreamed event:

How does a country founded on a bedrock principle of freedom of speech move forward in the age of disinformation? Join UC Berkeley thought leaders Erwin Chemerinsky, Dean of Berkeley Law; Henry Brady, Dean of the Goldman School of Public Policy; and Geeta Anand, Dean of the Graduate School of Journalism for a timely discussion on the topic of the proliferation of disinformation in today’s public sphere and its intersection with a concept we hold dear: freedom of speech. Janet Napolitano, former United States Secretary of Homeland Security (2009–2013), University of California President (2013–2020), and current Professor and Faculty Director of the new Center for Security in Politics at the Goldman School of Public Policy will both moderate and participate in the discussion. Viewers will have the opportunity to submit questions for the panel upon registration.

WHAT   Fact or Fiction: Disinformation and the Freedom of Speech Livestream

WHEN   Sun, Jan 31, 2pm PST

WHERE   calperformances.org/freedom-of-speech

DJ profiles PJ Perluss

Today's DJ has An Active Justice: In addition to his role as a presiding justice in 2nd District, Dennis M. Perluss has shaped statewide policies.

• top-notch legal thinking is packaged with warmth and kindness toward everyone around him.
• Perluss is known for his thoughtful legal reasoning. 
• "He is a model of what a judge should be," said his Division Seven colleague, Justice Gail Ruderman Feuer, who asked Perluss to swear her in when she was named to the Los Angeles County Superior Court in 2005. "Many justices may be brilliant like him but not necessarily nice and caring people," she said. "That's a special combination."
• Perluss ... is a native Californian born in 1948 in Sacramento. After attending Stanford University, he graduated from Harvard Law School in 1973 and then clerked for 9th U.S. Circuit Court of Appeals Judge Shirley M. Hufstedler and U.S. Supreme Court Justice Potter Stewart. Perluss next worked in private practice for Hufstedler's law firm, which later merged with Morrison & Foerster. ... Perluss was appointed to the Los Angeles County Superior Court in 1999 by Gov. Gray Davis. In 2001, he was under consideration for a vacancy on the California Supreme Court. Instead, the seat went to Carlos Moreno. Perluss was appointed to the 2nd District later that year. He has been presiding justice of Division Seven since January 2003.
• In addition to his work as a justice, Perluss has been extensively involved in the administration of the courts. He served as co-chair for many years on the Tribal Court-State Court Forum, which works to improve proceedings in which the state judicial branch and tribal justice systems have overlapping jurisdiction (and received the council's Distinguished Service Award in 2019 for his efforts). He chaired the working group tasked with implementing Proposition 66, or the Death Penalty Reform and Savings Act of 2016, which was aimed at expediting death penalty appeals in the state; and chaired the Civil and Small Claims Advisory Committee, among other appointments.

Dodgers win!

This is the off season, and while we bask in the glow of the Dodgers' World Series victory, we lament the loss of Hall of Famers Tommy Lasorda and Don Sutton--as well as Hank Aaron, who blasted his historic homerun against the Dodgers. But even when they're not playing, that doesn't mean that the Boys in Blue can't win. Here's their latest win!

Another "note on civility"

One of 2019's most memorable opinions was Briganti v. Chow (2019) 42 CA5th 504, 510, in which Justice Currey included a section titled "A Note on Civility, Sexism, and Persuasive Brief Writing." Well, this year's installment is Brock v. Bramzon (unpub'd), in which Justice Currey cites Briganti and remands for the trial court to further explore and possibly impose sanctions. Those collecting such notes at home should add this case: Garcia-Pastrana v. U.S. (D.P.R. 2012, No. 10-2147), in which Judge José Antonio Fusté  wrote, "we pause briefly for a note on civility and professionalism—or the lack thereof—with respect to the behavior of Rafael Castro-Lang, Petitioner's current counsel, during the evidentiary hearing." He then recounted the "rancorous tone of voice" and bad behavior by counsel, which "raised more than a few eyebrows in court," and concluded: "In sum, vigorous advocacy and professional courtesy are not mutually-exclusive concepts ...."

GMSR Studio!

 How has GMSR adapted to remote arguments? By creating state of the art studios! Check out  "GMSR Studio" - Lights, Camera, Action

Appellate reading

From How Appealing:

• Access online the Winter 2021 edition of Appellate Issues, a publication of the ABA Council of Appellate Lawyers: Via this link. Usually, this issue focuses on the previous November’s Appellate Judges Education Institute Summit, but this year out of necessity it mostly focuses on the new normal.
• Access online the new issue of The Journal of Appellate Practice and Process: You can access the table of contents via this link and you can download a PDF copy of the entire issue via this link.

It's gotta be over $5K...

 

One vocal critic of this blog objects to the posting of legal-themed license plates as "silly." Well, SCAN posts what SCAN wants to post, silly or not, including this recent pic of a car parked near the beach in La Jolla.

And it's relevant, sort of, to this case here about appealing from sanctions orders. The set up reads like something from the appellate specialization exam. But specialists should have no trouble untangling the issues and solving the appealability puzzles presented.

Appellate seats & vacancies (7 spots)

Here's the current roster for California's 106 Court of Appeal Justices: 

The First District (20 seats) is showing vacancies in the PJ spots for Divisions 3 and 5.
The Second District (32 seats) is showing vacancies in Division 1 and 7.
The Third District (11 seats) has one vacancy.
The Fourth District (26 seats) has no vacancies (10 seats in 4/1; and 8 each in 4/2 & 4/3).
The Fifth District (10 seats) has no vacancies.
The Sixth District (7 seats) has two vacancies.

The Supreme Court (1 Chief & 6 Associate Justices) has no vacancies.

[Here's a nifty graphic "Dashboard" of "California Judicial Officers and Court Employees."]

If you ever forget how the Court of Appeal is structured in terms of borders, divisions, seats, etc., turn to Govt. Code sections 69100-69107 (Gov. Code Title 8 (Organization & Government of the Courts), chapter 4 (The Courts of Appeal).)

Also, FYI, the 9th Circuit (29 seats [28 U.S.C. sec. 44]) has no vacancies.

Appellate humor

Appellate specialist Ryan Squire submits a cartoon for the amusement of the appellate bar:

Top Lawyers of the Decade

The DJ's special insert today is Top Lawyers of the Decade, on the Chief is on the list, of course(!), in Chief Justice Tani Cantil-Sakauye: The solid core who has held together California's judicial branch, which begins: "Tani G. Cantil-Sakauye’s first decade as Chief Justice of California was plagued by chronic budget shortfalls, a record number of wildfires, and a pandemic. Five of the court’s seven justices retired. These events were bookended by a pair of historic financial crises."

• “There is some tradition with chief justices, dating back to prior chiefs and continuing with her, to take the tough ones and perhaps some of the controversial ones for herself,” Groban said. “Knowing her now as I’ve come to know her, it’s no surprise. She’s not afraid of making difficult decisions.”
• Many now remember her appointment as one of the defining acts of Schwarzenegger’s governorship, and one that changed the trajectory of California’s court system. Reached recently, Schwarzenegger said he hopes to see her on the U.S. Supreme Court someday. “I think she’s terrific,” Schwarzenegger said. “She’s known as someone who is in the center, someone who does not care about politics as much as serving the people. I’ve been proud of her,” he added.
• Cantil-Sakauye’s fierce independence was demonstrated early in the Trump administration when she quietly left the Republican party and registered as an independent, and then when she publicly spoke out against immigration enforcement officials’ practice of arresting undocumented immigrants in state courthouses.

Speaking of the Chief, PJ Rubin quotes her keynote address from a few years ago in a concurring opinion here today, of interest for those in the access to justice space (i.e., all of us!).

And in the case note category of dismissals from nonappealable orders, here's one where the court of appeal has to knock down a bunch of arguments from an appellant desperately trying to pursue an appeal from a nonappealable order.

Now what?

There has been much chatter about Justices Liu and Kruger being appointed to other positions. Today's DJ, for instance has 'Attorney General Goodwin Liu,' urging Gov. Newsom to make such an appointment. Similarly, there's been talk about appointments to the 9th Cir., SCOTUS, or the SG's office. The best place to follow this conversation is At The Lectern, which today reports that Justice Kruger reportedly has declined Solicitor General job twice.

Law360 has Trump's Imprint on the Judiciary in 6 Charts, which notes:

• With 234 judicial appointments during his four years in office, President Donald Trump enjoyed the most productive single term since the 1970s and named the same number of appellate jurists as President Barack Obama did in two terms.
• As Trump leaves office, his appointees account for more than a quarter of all active Article III judges. His imprint is even more significant on the appeals courts, where his 54 picks amount to just over a third of all active judges.
• Trump "flipped" the majority in three circuits — the Second, Third and Eleventh — but appointments by President-elect Joe Biden could easily undo the change.
• While Trump's picks were much less diverse than Obama's, Republicans highlighted trail-blazing appointments, including Ninth Circuit Judge Patrick J. Bumatay, the first Filipino-American federal judge and only the second openly LGBT appellate jurist; D.C. Circuit Judge Neomi Rao, the first South Asian-American woman on a federal appeals court; and Judge Richard E. Myers II, the first Black judge in the Eastern District of North Carolina.
• Overall, however, Trump's selections made the judiciary less diverse in both gender and race.

"Specially appearing respondents"?

Assume a case is dismissed for plaintiff's failure to serve defendants and prosecute the case. Plaintiff then appeals the dismissal order. Can defendants who were never served filed a respondent's brief as "specially appearing respondents"?  An argument for such standing is that respondents have a right to defend their interests on appeal because reversal would prejudice them. But the Court of Appeal here (in fn.1) says no dice:

A “respondent” is an adverse party (Cal. Rules of Court, rule 8.10(2); see also Code. Civ. Proc., § 902) and a “party” is a person appearing in an action (Cal. Rules of Court, rule 1.6(15)). ...  Because these defendants never appeared below, they are not “parties.” Accordingly, we will disregard defendants’ brief and oral arguments.

9th Cir. Order re HSDs

Effective January 16, 2021, Court Announces New Procedures Regarding the Filing, Service, and Management of Highly Sensitive Documents (HSDs)

Following a security audit of CM/ECF by the Department of Homeland Security, the Secretary of the Judicial Conference issued a policy directive that all federal courts start accepting highly sensitive documents (HSDs) for filing only in paper form or via a secure electronic device, and that courts store HSDs in a secure paper filing system or on a secure, standalone computer system not connected to any network. Implementation is left to each court. This administrative order establishes initial procedures to identify and ensure the security of HSDs. Modifications may be made by further administrative order or by adoption of General or Special Orders or rule changes.

• 
  In this Circuit, HSDs are defined as: Unclassified sealed documents involving: foreign sovereign interests; criminal activity related to cybersecurity, intellectual property, or trade secrets; terrorism; investigation of public officials; potential negative impact on national security or foreign relations of the United States; and sensitive commercial information likely to be of interest to foreign powers.
• Any questions about how to proceed under this Administrative Order should be directed to the Clerk’s Office at HSD@ca9.uscourts.gov.

JNE Considering Feinberg for 3d DCA

The State Bar's Commission on Judicial Nominees Evaluation is evaluating Aimee Feinberg of the Cal. DOJ's SG's Office for a spot on the Third District Court of Appeal. She clerked for Justice Breyer (2004-2005) and before that D.C. Cir. Judge Tatel.

Beds on household repairs

“if gerbils had bar mitzvahs …”

Beds' latest hilarity is How Many Judges Does It Take to Change a Light Bulb? about how inept lawyers are at simple household repairs.

Judicial Appointments program

 

The Judicial Appointment Process: What You Need to Know February 19, 2021, 5:30 p.m. Free event! No MCLE. REGISTER HERE

 

Diversifying the profession and our bench is critical for all Californians. Hear from the Governor’s new Judicial Appointments Secretary, the Deputy Judicial Appointments Secretary, the Chair of the Judicial Nomination Evaluation Committee, the two sitting judges about the judicial appointments process and how to plan your path to the bench.

 

Immediately following the event, a networking session will be held. This program is collaboratively presented by the California Lawyers Association and the California Judicial Council. Co-sponsored by the Multicultural Bar Alliance of Southern California. We also welcome the opportunity to co-sponsor this program with other bar associations. If you would like to offer this program to your members at no charge, please reach out to Ellen.Miller@calawyers.org Speakers: Luis Cespedes, Judicial Appointments Secretary Office of California Governor Gavin Newsom Gonzalo C. Martinez, Deputy Judicial Appointments Secretary, Office of California Governor Gavin Newsom Aminder Singh, Chair , Judicial Nominees Evaluation (“JNE”) Commission Hon. Elizabeth G. Macias, Superior Court of Orange County Hon. Connie R. Quinones, Superior Court of Los Angeles County

Happy MLK Day!

Here are some materials to celebrate today's holiday: 

In order to look to the future, it is often necessary to get a clear picture of the past. In order to know where we are going, it is often necessary to see from whence we have come.

—Martin Luther King, Jr. (1957)

• Letter from a Birmingham City Jail (1963)

• March on Washington “I Have a Dream” (1963)

• Martin Luther King, Jr.’s Nobel Peace Prize Acceptance Speech (1964)

• “The Struggle for Civil Rights in Mississippi” Calvin Trillin’s encounter with Martin Luther King, Jr. on a flight to Mississippi for The New Yorker (1964)

• Martin Luther King, Jr.’s appearance on NBC’s Meet The Press to discuss his historic five-day march from Selma to Montgomery, Alabama (1965)

• “Where Do We Go From Here?” delivered at the 11th Annual Southern Christian Leadership Conference in Atlanta, Georgia, discusses boycotts, power, and love (1967)

• Martin Luther King, Jr.’s Final Speech “I Have Been to the Mountaintop” (1968)

• Additional Context for Martin Luther King, Jr.’s Final Speech “I’ve Been to the Mountaintop” (1968)

2d DCA meeting re retired annuitant

The 2d DCA will have hold a public meeting on Jan 29 at 3:00  to consider the following: "Resolution to approve the appointment of Thomas Kallay [the District's Managing Attorney] as a retired annuitant, to fill a critically needed Appellate Court Attorney position, within the 180-day period after retirement, as authorized by Government Code sections 7522.56(f)(1) and 21224(a)."

Transition of power program & Impeachment/25th Amendment program

Racial and Social Justice Task Force of LACBA will be presenting a free Zoom program on “The Intricacies of the Presidential Transition of Power” for Thursday, January 21, 2021, at 5:30 p.m., the day after the Inauguration, with Dean Erwin Chemerinsky of the UC Berkeley School of Law and Justice Brian Hoffstadt of the Second District Court of Appeal, moderated by LASC Judge Serena Murillo. This will be a  post-inaugural debrief of the political issues surrounding the 2020 presidential election, in which the panelists will bring to bear their considerable expertise in constitutional law, federal practice, civil rights, and appellate litigation.

Register at https://lacba.zoom.us/webinar/register/WN_TWgAufo4RaGg8QrR1ER81Q

Also: CLA is presenting a free program on Jan. 26:

REMOVING A PRESIDENT AND BARRING THE PRESIDENT’S RETURN: IMPEACHMENT, THE 25TH AMENDMENT, AND THE 14TH AMENDMENT

Jan. 26, 2021 @ 5:00 PM – 6:00 PM

Issues surrounding the impeachment and the 25th Amendment have dominated the headlines. Join us for an engaging discussion about how impeachment, the 14th and 25th amendments work from the perspiration two constitutional law professors. Speakers include: Loyola Law School Professors Laurie Levenson and Jessica Levinson. Moderated by Erik Silber

Justice Premo retires

 

Justice Eugene Premo of the Sixth District Court of Appeal has announced that he is retiring effective January 15, 2021. 

KCSC local rules

Kern County Superior Court has updated its local rules here. Of appellate note, Rule 1.10, covering electronic filing and service, includes subdivision (k)(14) (effective 1/1/21) noting that "Any appeal-related documents" are "not eligible for submission through electronic filing and must be filed through conventional methods."

File this under "yet another e-filing system that fails to account for appellate filings."

On other fronts, here's a nice turn of phrase (from this unpub): "The parties have engaged in protracted and torturous litigation, and the arbitrator in the second arbitration characterized it—in our view fittingly—as a “black hole of expense and rancor.”"

Justice Do sworn in to 4/1!

Welcome!
How do you Do?

This morning at 10:31 a.m. the CJA unanimously confirmed the appointment of San Diego Superior Court Judge Truc T. Do (pronounced "truck doe") as a justice on 4/1!

She fills Gilbert Nares' seat. Born in 1972, her family immigrated from Vietnam (becoming a naturalized citizen at age 11). Her first job was having a paper route. She graduated from UCLA and Stanford Law School and worked at Shepperd Mullin, then as a DA in LA (including handling murder cases) for 10 years; then she was a partner at Munger; then moved to San Diego to work at Jones Day. She understands access to justice because she grew up having to share a bathroom with six siblings. She was praised as "one of the great legal minds" in San Diego and for lives the 3 F's: Food (she is a "foodie"), Family, and Fun. Attorneys appearing before her should "be prepared and know the facts and law, because she will." After taking her oath (between 10:33-34 a.m.), she thanked the governor and promised to work hard; she thanked Marty Jenkins, the JNE Commission, the CJA, and many others, including St. Marks Methodist Church (which sponsored her family 15 years ago when they were refugees in Camp Pendleton). She knew from 7th grade that she wanted to be a lawyer. Her father's work in helping to settle war refugees inspired her to devote herself to justice.

See Commission Confirms Appointment to Court of Appeal: Justice Truc T. Do is the first Asian-American woman justice on the Fourth District Court of Appeal.

Dean Eastman "retires"

The Recorder reports: Law Prof Who Spoke at White House Rally Abruptly Retires Amid Calls for His Firing -- John Eastman reached an agreement to immediately retire from Chapman University Dale E. Fowler School of Law.

See How Appealing for additional links.

LA Law Library Cram Day

Cram Day On Demand!

Earn All 6 Mandatory MCLE Credits Before the Deadline (February 1, 2021)

Elimination of Bias * Legal Ethics * Competence Issues

California attorneys whose last names begin with the letters H-M are required to report their MCLE credits to the State Bar by February 1, 2021. This year, watch current, original video presentations on your own time, covering the required credits for all three mandatory subject areas: Elimination of Bias, Legal Ethics and Competence Issues.

All classes certified for California participatory MCLE credit. After registration, you will be provided course materials, evaluation forms and your Certificate of Attendance via email. Watch each recording to the end and answer the questions provided in the popup to verify your attendance.

Registration fees: $75 for all six classes on-demand. Recordings to be available no later than January 1, 2021.

CLICK HERE FOR MORE INFORMATION AND REGISTER

DJ profiles PJ Rothschild

Today's DJ profiles 2/1's PJ in Advancing the Law: 2d District Justice Frances Rothschild treats each case and party with care. The article provides insights from 4/2's Justice Frank Menetrez "who worked for Rothschild for 10 years."

• She has been known to give extra time during arguments and to issue tentative opinions in advance when she feels doing so will help lawyers respond more meaningfully to the justices' view of a case. Perhaps more importantly, they say, Rothschild continues to respectfully address every issue and person appearing before her even after nearly half a century on the trial court and appellate bench.
• Rothschild traced her respect for the rule of law to her own life experiences. "I feel like it's a privilege to give back and to continue to create a history of law in this country that accepted my family as immigrants from the ashes of World War II," she said. "Every day, I am thankful I have this opportunity." Born in Poland in 1941, Rothschild was smuggled out of a Jewish work camp as an infant, entrusted to the care of a Catholic woman who pretended Rothschild was her child. Rothschild's parents managed to survive until the end of the war, but when they returned for their daughter, "there was a standoff," Rothschild said.
• Rothschild and her husband, Loren Rothschild, are rare book collectors.
• Her first job [after UCLA Law School] was as a research attorney for 2nd District Court of Appeal Justice Shirley Hufstedler, who went on to become the second woman on the federal appellate bench and eventually the first Cabinet-level secretary of education.
• No matter the issue, Rothschild is known for her even-handed approach and thorough consideration of the issues.
• "She's brilliant and practical at the same time," [said Justice Helen Bendix]. "She has a wealth of knowledge, and her instincts are good too. She isn't afraid to look at an opinion and not be wooden in how she approaches a legal issue."

Today's DJ also has Justice Hoffstadt in Pants on fire: In two cases this term, the U.S. Supreme Court will provide guidance on how appellate courts are to review the credibility of witnesses who appear before a lower tribunal.

9th Cir. program re Courts during COVID

 

The Ninth Judicial Circuit Historical Society, and the FBA of the Western District of Washington, present a two-part CLE series in which all-star panels of judges, lawyers and court personnel from across the Ninth Circuit discuss the challenges of 2020, the unexpected successes that were achieved, and to what extent new technologies and procedures may remain relevant post-COVID. The series will begin with a more general program and end with a program focused on remote trials in the U.S. District Court for the Western District of Washington. Join for either session or both.

Program One: Courts during COVID: Challenges and Successes
February 9, 2021 | Time: 4:00-5:30 p.m (PST)

Program Two: Trials over Zoom: Lessons learned and Practical Advice
February 23, 2021 | Time: 4:00-5:30 p.m (PST)

1.5 hours of MCLE per program
Cost: $25 per session or $40 for both
Space limited: Register here https://www.njchs.org/courts-during-covid/

https://www.cacd.uscourts.gov/sites/default/files/documents/Courts-During-Covid.pdf

Federal Appellate Motions program

Rachel Lerman at Barnes & Thornburg in LA will be on a panel webinar CLE program by Strafford on Feb. 16, 10:00 to 11:30 p.m. on Federal Appeals and Motions Practice in U.S. Circuit Courts" 

• What are the most important variables to consider in filing and responding to appellate petitions and motions?
• What strategic considerations impact the choice and timing of motions?
• How do circuit differences and unwritten court customs affect the federal appellate motion practice?
• What are the common mistakes made by appellate counsel when preparing and filing petitions and motions?

After presentations, panelists will engage in a live question and answer session with participants.

For more information or to register >

Or call 1-800-926-7926
Ask for Federal Appeals and Motions Practice on 2/16/2021
Mention code: NL1AU1-C7OVAZ

Advice from Beds

Beds starts off this unpub'd decision here, like this:

Writers in training are often told to “show, don’t tell” – allow the reader to experience the story through action rather than being spoon-fed it in narrative. “Show, don’t tell” is also good advice for lawyers. Indeed, “show, don’t tell” is a defining skill in trial advocacy and especially important in plaintiff’s civil litigation. A plaintiff cannot merely say he has a claim; he must actually prove it. He must “show” his evidence, rather than “tell” through his allegations. 

 

Nicholson on Cespedes; Gilbert on Sims & Klein and more

Today's DJ has an article by retired Justice Nicholson of the 3d District titled Visionary Becomes State's New Judicial Appointments Secretary: Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary, has been a leader in increasing diversity and inclusivity among lawyers and judges for more than 30 years.

Today's DJ also has APJ Gilbert's column, titled Potpourri or get it off your chest: Looks like our Democracy is intact. Whatever one's politics or rationale for positions extreme and otherwise, the courts maintained their independence, ruled as they had to, and forestalled what could have been a disaster for our country.

Cases based on facts... must have facts. The facts lead to the law, its interpretation, and its application to the facts. Granted, how judges interpret those facts can lead to differences of opinion. That is why judges have a limited circle of friends in constant flux. Judges are grateful for their appointments, but our oath of office compels loyalty to an ideal that dwarfs loyalty.

...

My court has conducted oral argument via Bluejeans several times this year, and I confess I have worn bluejeans during a few of those oral argument sessions. And a caution to attorneys and judges conducting such arguments. What you see of yourself on your screen, others see the same on their screens. This includes what goes on in the background. This is a respectful publication so I will not relate ... never mind. Forget I even brought it up. 

...

And I end with a goodbye to two good friends and colleagues who recently passed away, two exceptional people whose contribution to the judiciary endures. Court of Appeal Justice Rick Sims of the 3rd District and I were appointed to the Court of Appeal in...oh dear...1982. His opinions reflected clarity, wisdom, and scholarship. He was the ideal justice with a subtle sense of humor and firm grasp of the rule of law and common sense. I commend you to read "What Appellate Judges Do," 7 J. App. Prac. & Process 193 (2005). It is one of the best explications of what the courts do. It is a must read. I also suggest you view his interview on the oral history of appellate justices on YouTube.

And we will all miss Joan Dempsey Klein of the 2nd District Court of Appeal. I knew Justice Klein for a few years...since...1965. Yikes! .... She was an inspiration to women in the law and responsible for the careers of many of our distinguished women lawyers and jurists. So to add to your viewing pleasure, I urge you to watch the oral history of Justice Klein on YouTube

 

5500 new lawyers

The Recorder reports: Pass Rate on California's October Bar Exam Jumps to 12-Year High

• The pass rate on California’s October 2020 general bar exam—the first ever administered online—climbed to 60.7%, reflecting the state’s new lower passing, or cut, score of 1390. The success rate is the highest since July 2008, when applicants still needed a score of 1440 to pass.
• The results, released by the state bar on Friday night, show that 84% of first-time test-takers from American Bar Association-approved law schools in California, the cohort that typically performs the best, passed. Half of repeat test-takers from that group posted passing scores.
• Just over 9,300 applicants completed the exam, the largest number since 2013.
• “We heartily congratulate the 5,292 applicants who passed the general bar exam and the 323 candidates who passed the Attorneys’ Exam in this tremendously challenging year,” the bar’s interim executive director, Donna Hershkowitz, said in a prepared message. “We are pleased that the first-ever remote bar exam will result in such a large influx of new attorneys at a time when more people than ever need legal help.”
• 
  

1/11/21 update: See Who Passed California's October 2020 Bar Exam:

• Nearly 300 people who passed the bar identified San Francisco as their residence, the records show. And Los Angeles was identified as the residence for more than 500 people who passed the exam. On the international front, two people identified Israel as their residence, and 29 said they lived in China. Six people who reside in Canada passed the exam.