COVID State of Emergency Ends!

Governor Newsom Marks End of California’s COVID-19 State of Emergency -- Governor Gavin Newsom today issued a proclamation terminating the state’s COVID-19 State of Emergency, as previously announced in October.

The state of emergency ends at midnight tonight!

DJ profiles 5th Dist. Justice Detjen

Yesterday's DJ had Heavy workload is incentive for consensus, says Justice Jennifer Detjen

Reaching consensus isn’t just a matter of maintaining collegiality, said 5th District Court of Appeal Justice Jennifer R.S. Detjen. These days, it’s also a workload issue. “Our system is set up to get these cases done every month and get them filed,” Detjen said. “The minute you dissent, it slows the whole process down, but the cases keep coming. My focus now is how can we agree on this issue? How can we frame it in a way where we can all agree so we can reach a consensus?”

Detjen estimated the 5th District justices spend 80% of their time on criminal cases.

Detjen grew up outside Seattle. Her first inkling she might want to go into the law was on a school trip to a courthouse when she was 12 and thought it would be a beautiful setting for a career. After graduating from the University of San Diego School of Law in 1981, she “applied everywhere,” landing in Madera County.

The first things a visitor to Detjen’s chambers might notice are the dozens of finisher medals from long distance running events. She’s run multiple marathons and completed races in a variety of locations. One of her notable races was a half marathon where part of the course went along the Great Wall of China.

2/6 is back "open" & avoiding stare decisis "herd mentality"

Ventura Clerk’s Office will no longer require appointments beginning March 1, 2023 -- In accordance with Governor Newsom's announcement in October 2022 that the Covid-19 State of Emergency would end on February 28, 2023, the Second District Court of Appeal Clerk’s Office in Ventura will no longer require appointments beginning March 1, 2023.

The Recorder has ‘Disturbed by Some Language:’ Judge Concerned by Rise in Combative Opinions

• A federal appeals court judge said he’s concerned by overly combative language from others on the bench as of late that risks undermining the public’s confidence in the judiciary.
• Judge D. Brooks Smith, of the U.S. Court of Appeals for the Third Circuit, emphasized the importance of collegiality among judges even when they disagree and said using sharp words in opinions can send the wrong message to the public, during a talk hosted by the Supreme Court Historical Society about judicial independence.
• “I’m a little disturbed by some language I see from time to time in the present day that is a bit more combative than what I’ve seen in the past… It’s something we judges need to keep in mind. It makes for great ink if you’re in the news media to draw on differences between judges and what seem to be sharp exchanges between judges. If for no other reason than the fact that it does make for a good angle is probably a reason to avoid it,” Smith said last week. 

• Though Smith didn’t single out a particular opinion, a number of judges in the past few years have garnered headlines for their fiery dissents and concurrences. Judge Lawrence VanDyke, for instance, wrote a biting concurrence last year in a ruling on COVID-19 gun shop closures that included an “alternative draft opinion” he said the majority of the court could use en banc to reverse the panel’s ruling in favor of the gun advocates.

And Bloomberg Law has Judge Tomas Moukawsher in Judges Should Avoid Herd Mentality and a Default to Precedent, which begins:

Judges know a lot about consensus. Consistency is an important attribute of a legal system. That’s why precedent from a higher court must be followed by a lower court. But sometimes judges go too far, treating like binding precedent anything other judges have said. They do this even when the other judge is their equal, and even when the other judge’s reasoning is weak or even non-existent.

Binding precedent is vital to our legal system. It creates settled expectations that help us know our rights. But judges who rely on other judges’ nonbinding rulings without explaining why give legal proceedings the appearance of authority while lacking sufficient substance.

Single federal admission?

Is it annoying to have to get formally admitted to each different federal district court? (Each federal Court of Appeals?) Well, Is It Time for a Single Bar Admission Rule for All Federal District Courts? -- A proposal asks a federal judiciary rules committee to adopt a rule under which once an attorney is licensed in a state and admitted to one district court, they could practice in all 94 district courts.

The proposal, spearheaded by George Washington University Law School associate dean Alan Morrison and Thomas Alvord of the firm LawHQ, asks the Standing Committee on Rules of Practice and Procedure to adopt a rule under which once an attorney is licensed and admitted to one district court, they can practice in all 94 district courts. Currently, most but not all federal trial courts mandate local state bar admission, or to apply pro hac vice on a case-by-case basis with certain restrictions and fees.

Sixty of the 94 federal district courts require attorneys to be admitted to the local state bar, which means passing the bar exam in that state, according to the rule proposal. Each federal districts also charge admission fees, the lowest amount being $188, and some charge renewal fees every few years.

Previous efforts to change federal district court bar admissions requirements for out-of-state lawyers have failed.

Morrison and a number of groups also filed a petition in February 2018 with the Northern District of California asking that court to eliminate its local state bar requirement for admission. In a response letter two months later, Chief Judge Phyllis Hamilton said the entire court vetted the petition and voted to deny it. The Judicial Council of the Ninth Circuit last year denied a petition for review.

Law360 has Brandon Boxler's Tips For Appellate Counsel Working With A Trial Team

In the no-second-bites department, see this unpub'd 4/1 decision (explaining that when a judgment is amended after an appeal, the 'new' judgment is not appealable) and this unpub'd 2/1 decision (appellant can't file "two opening briefs, one for each challenged judgment" -- the court rejected the second brief, advising appellant about the court's "policy that notices of appeal from the same trial court case filed within 30 days of each other are combined into a single appeal, and therefore the appellant may file only one opening brief.").

Job in 4/1 & LACBA ACS program

The Fourth District Court of Appeal, Division One in San Diego, is now accepting applications for an Appellate Court Attorney (Level D to Senior) for the chambers of Associate Justice Truc T. Do. The job is posted on the Court’s career website under JOB ID 5852.

Also of note in the 2d District here re a retired annuitant.

LACBA Appellate Courts Program: February 28 (12 noon to 1:00 p.m.) – ICWA in the Highest Appellate Courts. The Indian Child Welfare Act (ICWA) is at issue in the highest courts in the land. The Supreme Court of the United States will decide ICWA’s constitutionality in Haaland v. Brackeen, a case that was argued in November. The Supreme Court of California has granted review in In re Dezi C., presenting the issue of what constitutes reversible error when a child welfare agency fails to make the statutorily required inquiry concerning a child’s potential Indian ancestry. The program offers 1 hour of Appellate Law Legal Specialization Credit. Here’s the link to register: https://lacba.org/?pg=Events&evAction=showDetail&eid=263896&evSubAction=listAll

9th Cir. SF Tours are back

Neoclassical Browning Courthouse to Resume Docent-Led Tours -- The art and architecture of the most beautiful and historic building in San Francisco, the James R. Browning United States Courthouse, is, once again, ready for visitors following suspension of tours during the pandemic.

The courthouse reopened to the general public in September 2022 and is now offering free docent-led public tours on specified Tuesdays. Tours begin at 1 p.m. and last approximately 60 minutes. The tours include visiting the old post office lobby, on the first floor, and available courtrooms. No reservations are required. Enter the building and meet the tour guide in the lobby.

Open seats & Bad Guys

Today's DJ has Newsom nominates 3 to appeal courts; names 8 trial judges
-- If these nominees are confirmed, the state will have 12 open seats on courts of appeal. Superior court judges do not require confirmation. There are now more than 90 open positions on superior courts in California.

And today's DJ has the start of a five-part series by Myron Moskowitz, Part I: The problem - judging "bad guys." The “Bad Guy” phenomenon is that "Judges do not always apply the law equally to people they see as Bad Guys."

Law360 has As The Supreme Court Has Changed, So Has The Bar -- A big change is there's no one predictable swing vote anymore.

Registration is open for LACBA's 2023 Bench Meets the Bar Luncheon, April 27 at the DTLA Biltmore (11:15 to 1:30) featuring presentations by 2d DCA APJ Lui, LASC PJ Jessner, and C.D. Cal. CJ Gutierrez.

New Justices!

 First District Court of Appeal

 

 

Judge Danny Chou, 54, of San Mateo County, has been nominated to serve as an Associate Justice of the First District Court of Appeal, Division Five. He has served as a Judge at the San Mateo County Superior Court since 2018. Judge Chou served as an Assistant County Counsel at the Santa Clara County Counsel’s Office from 2012 to 2018. He served as Chief of Complex and Special Litigation at the San Francisco City Attorney’s Office from 2008 to 2012, where he was Chief of Appellate Litigation from 2006 to 2008. Judge Chou served as a Supervising Staff Attorney at the California Supreme Court from 2005 to 2006, where he was a Judicial Staff Attorney from 1999 to 2005. He was a Staff Attorney at the U.S. Court of Appeals, Ninth Circuit from 1998 to 1999, an Associate at Howard, Rice, Nemerovski, Canady, Falk and Rabkin from 1995 to 1998 and a Law Clerk for the Honorable Stanley A. Weigel at the U.S. District Court, Northern District of California from 1994 to 1995. Judge Chou earned a Juris Doctor degree from Harvard Law School. He fills the vacancy created by the retirement of Justice Henry E. Needham. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Jim Humes. He is a Democrat.
 
Second District Court of Appeal
 

Judge Rashida Adams, 45, of Los Angeles County, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division Three. She has served as a Judge at the Los Angeles County Superior Court since 2017. Judge Adams served as a Senior Appellate Court Attorney at the Second District Court of Appeal from 2009 to 2017, where she was an Appellate Court Attorney from 2008 to 2009. She was an Associate at Caldwell Leslie and Proctor PC from 2005 to 2007 and at Bernabei and Katz PLLC from 2002 to 2005. Judge Adams earned a Juris Doctor degree from Yale Law School. She fills the vacancy created by the retirement of Justice Halim Dhanidina. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. She is a Democrat.
 
Fourth District Court of Appeal
 

 

Judge Jose S. Castillo, 44, of San Diego County, has been nominated to serve as an Associate Justice of the Fourth District Court of Appeal, Division One. He has served as a Judge at the San Diego County Superior Court since 2020. Judge Castillo served as an Assistant U.S. Attorney at the U.S. Attorney’s Office, Southern District of California from 2010 to 2020. He served as a Staff Attorney at the U.S. Court of Appeals, Ninth Circuit from 2007 to 2010 and was an Adjunct Professor at the University of California, Hastings College of the Law from 2009 to 2010. Castillo served as a Law Clerk for the Honorable Micaela Alvarez at the U.S. District Court, Southern District of Texas from 2006 to 2007. He earned a Juris Doctor degree from the University of California, Davis School of Law. Judge Castillo fills the vacancy created by the retirement of Justice Judith L. Haller. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Manuel Ramirez. He is a Democrat.
 
The compensation for each of these positions is $264,542.

Bench Stories w/Justice Chin

The ABA Journal has Hanson Bridgett's Adam Hofmann's article Lawyers should try their cases with appeal in mind.

BHBA presents an installment of its free Bench Stories webinars on March 3, 12:30 to 1:30, featuring retired Cal Supreme Court Justice Ming Ching. Register here.

New AAAL website & New Federal Appeals treatise

The American Academy of Appellate Lawyers has revamped its website. Check out the new look here.

BCLP Partner Jean-Claude (JC) André, co-chair of the firm’s Appellate & Supreme Court Group, co-authored Federal Appeals: Jurisdiction & Practice (Thomson Reuters 2023 ed.), which contains a solid framework for an introduction to appellate law, followed by a detailed explication of the intricacies and nuances of jurisdiction and practice in the federal appellate courts.

The Ninth Circuit will expand its new case management system (ACMS) to include all criminal appeals opened in this court as of March 1, 2023. Click here for more information.

And from the published 9th Cir. opinion today in Lopez v. Garland discussing the "cross-appeal rule":

The cross-appeal rule is an “unwritten but longstanding rule” under which “an appellate court may not alter a judgment to benefit a nonappealing party.” Greenlaw v. United States, 554 U.S. 237, 244 (2008). The Supreme Court has described that rule as “firmly entrenched,” noting that “in more than two centuries of repeatedly endorsing the cross-appeal requirement, not a single one of our holdings has ever recognized an exception to the rule.” Id. at 245 (quoting El Paso Nat. Gas Co. v. Neztsosie, 526 U.S. 473, 480 (1999)); accord Morley Constr. Co. v. Maryland Cas. Co., 300 U.S. 185, 191 (1937) (describing the rule as “inveterate and certain”). 

although an appellee must cross-appeal if it seeks to alter the judgment, it need not do so “if all it wishes to do is present alternative grounds for affirming the judgment.” Ellis v. Salt River Project Agric. Improvement & Power Dist., 24 F.4th 1262, 1268 (9th Cir. 2022). That is true even if those alternative grounds, taken to their logical conclusion, might suggest that the judgment should be altered: “An appellee who does not take a cross-appeal may ‘urge in support of a decree any matter appearing in the record, although his argument may involve an attack upon the reasoning of the lower court.’” Jennings v. Stephens, 574 U.S. 271, 276 (2015) (quoting United States v. American Ry. Express Co., 265 U.S. 425, 435 (1924)); see also In re Oil Spill by the Amoco Cadiz, 954 F.2d 1279, 1333 (7th Cir. 1992).

CLA Appellate news

CLA Appellate Summit
Since its inception in 2017, the Litigation Section and the Committee on Appellate Courts’ annual Litigation and Appellate Summit has been a marquee event. The two-day event offers programs of interest to all California trial and appellate practitioners. Notable past speakers and presenters have included former Chief Justice Tani Cantil-Sakauye, Dean Erwin Chemerinsky, and the Chief Judges of all four of the United States District Courts in California, among others. This year, the summit will return as an in-person program in San Francisco, from May 4 – 5, 2023, at the Hyatt Regency San Francisco on the Embarcadero. Save the date and stay tuned for registration information. If you are interested in sponsoring the summit or have any questions please contact litigation@calawyers.org.

Seeking Nominations for 2023 Trial Lawyer and Appellate Lawyer Halls of Fame
Do you know a trial or appellate superstar? The Litigation Section seeks nominations for the Appellate Lawyer Hall of Fame. This awards is bestowed on attorneys who have excelled as appellate lawyers and whose careers exemplify the highest values and professional attainment. The nomination deadline is April 16, 2023. For more information and nomination forms, visit https://calawyers.org/section/litigation/appellate-lawyer-hall-of-fame/

Webinar: Meet New Justices on the Court of Appeal
March 23, 2023 @ 12:15 pm – 1:15 pm (via Zoom)
Please join us for the First Annual CLA Committee on Appellate Courts “Meet New Justices” Program. This program will be introductions to some of the newest justices on the Court of Appeal from across California: Justice Stacy Boulware Eurie, Third Dist., Justice Martin Buchanan, Fourth Dist. Div. 1, Justice Jeremy Goldman, First Dist., Div. 4, Justice Victor Viramontes, Second Dist., Div. 8.

AND the February 2023 issue of Litigation Update is now online, keeping you up to date on current case law.

"Shorter is Better"

That's the title of today's (short!) DJ piece by H&L's David Axelrad, which asserts that "Briefs within the current California limits – 14,000 words for principal briefs and 28,000 words for combined briefs in a cross-appeal – are often too long and would be far more effective if shortened." He then proves the point with examples of effective brevity:

• The Constitution of the United States, including all 27 amendments, is less than 7,600 words.
• The decision in Brown v. Board of Education (1954) 347 U.S. 483, is less than 4,000 words.
• The Declaration of Independence is 1,458 words, including signatures.
• The Gettysburg address is approximately 270 words.
• the United States Supreme Court decision by Chief Justice Marshall in United States v. Barker (1817) 15 U.S. (2 Wheat.) 395, 395 [4 L.Ed. 271], which held that private citizens may not recover costs from the federal government in exactly six words: "The United States never pay costs."

And check out this unpub here, finding that a notice of appeal filed one minute late was late (and it was defective anyway for failing to specify the order being appealed).

SAJEC seeks input on J.Currey for PJ

The Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Second District Justice Brian Currey for possible appointment to the Division 4 Presiding Justice position.  If you have input on Justice Currey’s qualifications, please fill out this questionnaire linked here or contact SAJEC chair Alana Rotter (arotter@gmsr.com).

FBA-LA State of the Circuit

FBA-LA presents the State of the Circuit/District, featuring Judge Wardlaw, on March 9 at noon at the DoubleTree (120 S. LA St.) -- and also including a tribute to Judge Terry Hatter by Judge Consuelo Marshall. Details here, register here.

Today's DJ has Justice Hoffstadt's It’s a bird, it’s a plane… It’s a super statute -- "Sometimes, the potential clash between new Legislature-enacted laws and prior voter initiatives is obvious, and the Legislature uses the proper type of kryptonite."

The Recorder has Plaintiffs Bar Seeks End to Arbitration-Appeal Stays -- "The bill sets up a likely showdown with defense counsel who see the existing stay provision as “a bedrock principle of appellate procedure,” said Horvitz & Levy partner John Querio."

SCOCA blog has SCOCA year in review 2022

CJEO seeks staff attorney

CJEO is an independent California Supreme Court committee, appointed by the court, with delegated constitutional authority to issue opinions on judicial ethics. CJEO is currently recruiting to fill a Committee Staff Attorney position (Legal Advisor, Level I-IV). This recruitment is statewide and remote work options are available. A direct link to the job posting can be found on the CaliforniaJudicial Branch Career page (Job ID No. 5752). The position is open until filled, but interested applicants are encouraged to apply early. You can learn more about our CJEO on the CJEOwebsite. 

LASC App Div seeks indigent defense counsel

APPELLATE DIVISION SEEKS ATTORNEYSTO REPRESENT INDIGENT DEFENDANTS

Presiding Judge of the Appellate Division Patti Jo McKay today announced a recruitment for attorneys interested in serving on the Appellate Division’s Panel of Appointed Attorneys to represent indigent defendants who seek to appeal judgments rendered in misdemeanor cases.

APPOINTED ATTORNEYS: Upon Appellate Division approval, appointed attorneys are compensated by the Professional Appointee Court Expenditure (PACE) program at a rate of $83/hour and are appointed to represent indigent defendants via alphabetical rotation. Occasionally, and in the interest of judicial economy and efficiency, an attorney may be appointed out of order when there is a related pending appeal for the same defendant.

PREREQUISITES: Attorneys interested in an appointment to represent indigent defendants are required to: • Be a member in good standing of the California State Bar; • Possess strong research and writing skills; • Have an understanding of criminal law and procedure; • Be familiar with the appeals process, including the California Rules of Court and the Los Angeles Superior Court Local Rules governing misdemeanor appeals; and • Commit to adhering to the PACE policies and protocols.

APPLICATION MATERIALS: Attorneys who meet the prerequisites should prepare the following: • A cover letter detailing their education, training and experience in handling criminal law cases, including jury and court trials, and appeals; • A current resume with references; and • Two recent writing samples. Please mail the above application materials to: Patti Jo McKay Presiding Judge, Appellate Division Stanley Mosk Courthouse, Room 607 Los Angeles Superior Court 111 N. Hill St. Los Angeles, CA 90020 Attn: Aida (Evelyn) Vallejo

Mesiwala CJA hearing today at 2

The Commission on Judicial Appointments will hold a public hearing on Feb. 14 starting at 2 p.m. in the Supreme Court Courtroom—350 McAllister Street in San Francisco—to consider the appointment of Judge Shama Hakim Mesiwala to the Third District Court of Appeal in Sacramento. Judge Mesiwala would fill the vacancy created by the retirement of Justice Coleman A. Blease. The hearing will be webcast live on the California Courts Newsroom.

And see Commission Confirms Appointment to Third District Court of Appeal

And Sacramento Judge Shama Mesiwala Confirmed to 3rd District Court of Appeal -- Sacramento County Superior Court Judge Shama Hakim Mesiwala returns to the court where she served as a central staff attorney and senior chambers attorney for almost 13 years.

• Mesiwala will be the first South Asian American woman and the first Muslim woman to serve on any appellate court in California, according to the Sacramento County Superior Court.
• The daughter of immigrants from India, Mesiwala grew up in the Bay Area and graduated from UC Davis School of Law. She worked for five years as a staff attorney at the Central California Appellate Program, where she litigated more than 100 cases in the state Supreme Court and courts of appeal.
• Mesiwala co-founded the South Asian Bar Association of Sacramento. She has taught appellate advocacy at UC Davis Law School since 2013 and said Tuesday that she plans to continue doing so while serving as an associate justice.

Law.com has 2 Cases, 1 Day: Gibson Dunn Associate Delivers His First Arguments Back-to-Back, about how on Feb. 9 associate Jeff Liu (who clerked for Judge Bea) argued two pro bono appeals in one day: "His day started at 10 a.m. in-person at the Federal Circuit, and once the appeal was heard, he had about five hours to catch his breath before virtual arguments at the Ninth Circuit."

2d District opens up March 1

Los Angeles Clerk’s Office will no longer require appointments beginning March 1, 2023 -- In accord with Governor Newsom's announcement in October 2022 that the Covid-19 State of Emergency would end on February 28, 2023, the Second District Court of Appeal Clerk’s Office in Los Angeles will phase out the appointment system implemented during the pandemic. The Clerk’s Office will no longer require appointments beginning March 1, 2023. Los Angeles courtroom protocols related to Covid-19 will remain in effect until technology upgrades have been completed in early June. Courtroom access will be open to the public unless health concerns preclude it.

Bloomberg Law has Alito, Kagan Top Justices in Supreme Court Recusal ‘Black Box’

• US Supreme Court justices recused themselves in roughly 3% of appeals since 2018, with Samuel Alito and Elena Kagan doing so most often, a Bloomberg Law analysis shows.
• Virtually all of the more than 750 recusals identified in a review of court orders lacked an explanation of why the justices avoided participating. Neither they nor the court are required to give reasons. But financial disclosures, orders, and case records provide insight into their decision-making.

FYI, California courts are closed today for Lincoln Day, and next Monday is also a court holiday. 

3d DCA LR proposal

The Court of Appeal, Third Appellate District, is proposing amendments to Local Rule 1 concerning mediation in civil appeals. (The proposals appear minor and uncontroversial.) Anyone wishing to comment on the proposed amendments may do so in writing to 3DC-Comments@jud.ca.gov, no later than March 10, 2023, at 5:00 p.m.

3d DCA pro tem update

The following are currently sitting on assignment in the 3d District:

• Justice Andrea Lynn Hoch, retired, is sitting on assignment beginning January 1, 2023. 
• Judge Samuel T. McAdam of the Yolo County Superior Court will be sitting in pro tempore beginning January 1, 2023.

(Other districts that post pro tem assignments are the 2d and 5th.)

2/4's PJ Manella retires

The MetNews reports Retirement Party Set for Nora M. Manella, Court of Appeal Presiding Justice

• Nora M. Manella has quietly retired as a presiding justice of the Court of Appeal for this district .... Manella confirmed that her last day on the bench was Jan. 31.
• In a judicial career spanning 28 years, Manella, 72, has served on both state and federal trial courts, as well as an appellate court jurist, and was chosen by both Republican and Democratic appointing authorities.
• Her service on the bench—which began in 1990 when Gov. George Deukmejian, now deceased, placed her on the Los Angeles Municipal Court—was interrupted for four years while she served as U.S. attorney for the Central District of California.

[2/10/23 update: the DJ has Justice Nora Manella retires from 2nd District Court of Appeal -- 

Like many people, Manella said the pandemic and its aftermath prompted her to think about how she wanted to spend her time while she is healthy.]

Expected closure of 2d Dist. courtroom later this year

The courtroom in the Ronald Reagan State Building will be closed from April 10 to June 2, 2023 to complete technical upgrade work. All divisions will return to remote appearances during this time. Once the courtroom is re-opened, it should be open to all counsel and clients.

Law.com has 'Stop Ignoring the Call': The ABA Wants a Code of Ethics for Supreme Court Justices -- "The absence of a clearly articulated, binding code of ethics for the justices of the court imperils the legitimacy of the court," the ABA measure said.

And Bloomberg Law has Roberts Tries to Stay Above Fray as High Court’s Standing Falls

RIP Bill Vickery (1948-2023)

Today's DJ has William C. Vickery, 1948 - 2023 -- During his 20-year tenure as administrative director of the Judicial Council, Vickrey collaborated with chief justices, the Judicial Council, and the courts on historic reforms for California’s judicial branch. "Vickrey served three California Chief Justices — Malcolm Lucas, Ronald M. George and Chief Justice Tani G. Cantil-Sakauye."

The Recorder has William Vickrey, Former Administrator of California's Courts, Dead at 75 -- Vickrey served under three chief justices during a 19-year career where he oversaw a restructuring of California court administration. "For two decades, Vickrey led what was then known as the Administrative Office of the Courts, serving under three chief justices as California’s judicial branch moved from a system of 58 county-based trial courts to a more centralized operation under the Judicial Council."

In Memoriam: Longtime Judicial Council Administrative Director William C. Vickrey

Vickrey received numerous awards for his public service contributions, including the National Center for State Courts’ (NCSC) Warren E. Burger Award in 1995, induction into the NCSC’s Warren E. Burger Society in 2009, and the Judicial Council of California’s Distinguished Service Award in 1999.

RIP UCLAw's Herb Morris

PJ Gilbert's monthly column in the DJ is Did I write this column or ...? about--what else?--ChatGPT, and also the late Professor Herb Morris.

Today's DJ also has Myron Moskovitz in Fighting for "Turnaround" about zealous advocacy and arguing forcefully even in the face of a negative tentative or panel that is obviously against your position.

Ninth Circuit Court of Appeals to HoldFirst Law School Special Sitting Since 2020 – The United States Court of Appeals for the Ninth Circuit will hear oral arguments during a special sitting on February 15 at the University of San Diego School of Law in San Diego, California. This will be the first special sitting at a law school since the onset of the pandemic in 2020.

On February 16 from noon to 1 p.m., FBA-LA presents a webinar titled Supreme Court Ethics: Time for a change?  -- "In this virtual presentation we will hear from a distinguished panel discussing a historical perspective of Supreme Court ethics and issues such as whether Congress has jurisdiction to impose a code of ethics, issues of public trust, and the term limits debate."

The Recorder has ‘A Double-Edged Sword’: Why Young Judges Might Not Stick Around, discussing reasons why federal judges leave the bench, and noting Ninth Circuit Judge Paul Watford.

Judges who resign appear to skew younger. According to a National Law Journal review of the judges who left the bench early over the past three decades, 37 out of 42 of them were under the age of 50 when confirmed.

Judicial Application program

On Monday, March 22 (noon to 1:30) the California Judicial Mentor Program presents a free virtual webinar: What's Really Stopping You From Applying? A Discussion About the Imposter Phenomenon and the Judicial Application Process, featuring CSC Justice Jenkins, 1/5 PJ Justice Jackson, Judicial Appointments Secretary Luis Cespedes, retired Judge Jeremy Fogel, and hosted by LASC Judges Jessner and Tapia. Register at bit.ly/JMP2023

Also of interest, on The [F]Law blog is David vs Goliath: How Corporate Interests Dominate Civil Appellate Litigation & What We Can Do About It -- A gap in access to expert appellate legal representation has enabled wealthy corporations to shape the legal landscape to their benefit. Plaintiff-side appellate litigators are trying to change that.

Judicial Council seeks your involvement!

The Executive and Planning Committee of the Judicial Council of California is soliciting nominations to fill vacancies on:

1. Judicial Council Advisory Bodies,
2. Judicial Council Education Curriculum Committees, and
3. 2023–2024 Solicitation for B. E. Witkin Judicial College Steering Committee.

Please complete the online nomination forms for the advisory body, the Education Curriculum Committee, or the Steering Committee by March 31, 2023. Alternatively, fillable nomination forms can be downloaded from the California Courts Website at http://www.courts.ca.gov/4650.htm. Forms completed offline, with the nominee’s biography or curriculum vitae, can be emailed by March 31, 2023, to: jcsupport@jud.ca.gov

Senior Status article / Meet the New Justices

Prof. Xiao Wang's latest law review article is The Old Hand Problem, about federal judges taking senior status: " judges eligible to take senior status are today—more than ever before— deciding to do so in a politically strategic manner."

See also from Bloomberg Law Biden Judge Picks Delayed as Judiciary Panel Members in Flux, noting "Lawmakers on Thursday voted 10-10 on Anthony Johnstone’s nomination to the US Court of Appeals for the Ninth Circuit"

Free Webinar! Meet New Justices on the Court of Appeal

March 23, 2023, 12:15 p.m. | REGISTER HERE

Please join us for the First Annual CLA Committee on Appellate Courts “Meet New Justices” Program. This program will be introductions to some of the newest justices on the Court of Appeal from across California.

• Justice Stacy Boulware Eurie, Third Dist.
• Justice Martin Buchanan, Fourth Dist. Div. 1
• Justice Jeremy Goldman, First Dist., Div. 4
• Justice Victor Viramontes, Second Dist., Div. 8

Nominations, promotions, retirement

 Today's DJ has:

• 4 nominated to seats on courts of appeal; 10 named to superior courts -- Justice Tracie L. Brown was nominated for presiding justice of the 1st District Court of Appeal, Division 4. Judge Tari Cody of Ventura County has been nominated to the 2nd District Court of Appeal, Division 6. Los Angeles County Judge Audra Mori was nominated to serve on the 2nd District Court of Appeal, Division 4. Judge Julia Kelety, on the San Diego County Superior Court since 2003, was nominated for the 4th District Court of Appeal, Division 1.
• 
  Retired Court of Appeal justice joins ADR Services Inc. -- Justice Thomas L. Willhite Jr. spent 30 years as a jurist and authored more than 2,000 opinions.

Fluent in Italian, Willhite has been a guest lecturer in comparative law at two Italian universities. “In March I’m going to the University of Bologna. I’m truly honored because it’s the oldest law school in the world,” Willhite said. “My hope is to do that about twice a year, taking two weeks and doing some lecturing over there.”

The Record has Governor Turns to Big Law Alums, Legislature for Latest Round of Judicial Nominations

The Wall St. Journal has Only Bad Writers Should Fear ChatGPT -- A lot of what we read is terrible. How could the robots do worse? -- which concludes:

Whether you want them or not, the robot-writers are coming. Soon we will be able to generate solid writing as easily as we use internet search engines. We’ll get practical results that work for practical purposes. But when something new or weighty needs to be shared, we will turn to human writers who have the gift of conveying the unexpressed thought in words that are original and artful. That’s the kind of writing humans should do—and if that’s our destiny, we should embrace it, even if fewer of us do the work.

Read the latest message from the Los Angeles Superior Court: Nation’s Largest Trial Court Offers Substantial Incentives to Retain and Recruit Official Court Reporters Amid Staffing Shortage; The Recorder has LA Superior Rolls Out Five-Figure Incentives to Attract Court Reporters -- Los Angeles official court reporters can qualify for retention pay, employee referral bonuses and help with student loans under a new program.

And see Report: Drop Statute of Limitations in State Judicial Misconduct Cases

Eliminating the disciplinary time frame was one of a number of provocative suggestions made by the committee, which was created by the Legislature in 2021 to recommend potential changes to how the Commission on Judicial Performance operates.

And retired LASC Judge Benny Osorio has (in The Recorder) Supreme Court To Decide If Stay Is Required Pending Arbitration Appeal