Monday, January 3, 2022

DJ appellate bounty today

Today's DJ has many items of appellate note:

  • In The 3rd District's delay fiasco and another lesson learned -- Ongoing delays in the Court of Appeal have exposed weak links in the protections that were devised in response to a California Supreme Court fiasco in the 1970s, Jon Eisenberg provides a history lesson about the Commission on Judicial Performance, the removal of Justice McComb in 1977, and the need for effective reporting of judicial nonperformance.
  • PJ Gilbert relates My New Year's Resolutions for 2022, which include: "Will not consciously make what could be interpreted as smart-ass remarks during oral argument" and "Will not criticize the California or any other Supreme Court ... [unless done] tactfully and with the Code of Judicial Ethics in mind," and "Will not continue to criticize ... unnecessarily long, verbose opinions," and "Will try not to complain about the Supreme Court letting issues fester for intolerable periods of time ...."
  • Moskovitz on Appeal has When 'The Facts' are not the Facts about the importance of facts on appeal, where facts actually come from, and the role of the standard of review.
In The Recorder last week, CALG's Sharon Baumgold had On Appeals: A Palma in the Palm of My Hand.

Also of note: Orange County Superior Court Judge Nathan Scott, Appellate Division Presiding Judge, has issued Administrative Order No. 21/01 ordering that all Appellate Division oral arguments will be conducted by Zoom. Details here.

And don't miss Chief Justice John G. Roberts' 2021 Year-End Report on the Federal Judiciary
How Appealing collects numerous commentary articles here.

Also don't miss this Marble Palace blog post (The Role of Justices and Judges in a Tumultuous Time), which quotes Justice Stewart, retired Justice Nicholson, and Dean Chemerinsky.