- Chief Justice Tani Cantil-Sakauye's current term ends in 2022.
- The chief justice oversees the largest state judicial system in the nation.
- The chief justice said she is working closely with the governor to secure full funding for all state courts.
The DJ's article is Chief Justice Expects Wave of Retirements, No Decision On Her Own.
Today's DJ also has 4/2's Justice Raphael's The Finality Line
In re Estrada, 63 Cal. 2d 740 (1965), provides welcome clarity to the law but draws a line that is messier than it might seem. Estrada established a simple rule for discerning the retroactivity of an ameliorative criminal statute. Where the Legislature is silent about retroactivity, courts presume that the new statute will apply to all defendants whose case is not yet "final" when the law goes into effect.
The article concludes:
Estrada's finality rule provides a clear solution to the problem of what the law of retroactivity of a criminal reform is, when the Legislature is silent. It provides certainty and can make the retroactivity determination easy for courts. It is important, nevertheless, not to let Estrada's simplicity prohibit understanding the ways in which finality can draw an arbitrary line. Judges are bound by Estrada's rule, but to contemplate whether the default rule is in fact the best legislative one for a particular criminal law reform, one must understand the messiness of the line it draws.
In federal news, Law360 has Pair of 9th Circ. Nominees Clear Procedural Vote in Senate:
The Senate voted 51-38 on cloture for Judge Lucy H. Koh and 48-39 on cloture for Jennifer Sung. Judge Koh, who currently serves on the U.S. District Court for the Northern District of California, was among a trio of nominees to the Ninth Circuit in September. Sung, a labor lawyer and member of the Oregon Employment Relations Board, was nominated in June.
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