Tuesday, February 2, 2021

Fed vacancies / Slow state appeals


Today's DJ has Parade of U.S. Judges to senior status continues: The exodus of district judges is not surprising, and the list of vacancies is expected to grow in the coming weeks, about how "Four California federal judges have joined U.S. District Judge William Alsup of San Francisco in taking senior status."

  • Several 9th U.S. Circuit Court of Appeals judges are also expected to take senior status soon, allowing President Joe Biden to choose their replacements.
  • While the 9th U.S. Circuit Court of Appeals has no vacancies, that is expected to change soon. Several long-serving judges who were appointed in the 1990s by President Bill Clinton are expected to take senior status, including at least one or two from California. Several attorneys involved in the process say U.S. District Judge Lucy H. Koh of San Jose, who was nominated to the 9th Circuit by President Barack Obama but never got a vote in the Republican-controlled Senate, is a strong favorite for a nomination if she wants it.
And the discussion about delay rocking the appellate world continues in the DJ's story: Judicial Council report shows 3rd District lags in resources and issued opinions: Workload issues in the appellate courts may partially mirror similar problems seen in the superior courts. According to the Judicial Council’s latest Judicial Needs Assessment delivered in November, fast-growing inland counties San Bernardino, Riverside, Sacramento, Kern, Fresno and San Joaquin need more judges to address their workloads.
  • The Judicial Council's 2020 Court Statistics Report showed, among other findings, that the 3rd District Court of Appeal has fallen further behind in delivering opinions and it also appears to need more resources.
  • Appellate attorney Jon B. Eisenberg sent a complaint to the Commission on Judicial Performance last week, asking that it look into the court's slow speed in delivering some opinions. The Healdsburg-based attorney sent a follow-up letter to the commission on Monday. "The 2020 report shows that the Third Appellate District's average overall productivity has worsened significantly since fiscal year 2017-2018," Eisenberg wrote.