Wednesday, April 12, 2023

Hard to get review, especially from an initiative

Today's DJ has David Carrillo and Stephen Duvernay's Castellanos shows the futility of petitions for review -- Our state high court exists to maintain consistency and clarity in the law – not to correct errors.

the California Supreme Court grants only a tiny fraction of review petitions, often pegged by such authorities ... at under 5% in any given year. In the 2022 Court Statistics Report, for example, the Judicial Council’s figures show 41 straight grants in 3,901 petitions – that’s 1.05%. (The total percent granted is 16% if you include grant-and-holds.) ...    And the fact that this case involves an initiative makes for even longer odds of review being granted. The Miller-Rose Initiative Database shows that the last time the California Supreme Court invalidated an initiative was 23 years ago

Today's DJ also has Justice Hoffstadt's Paint it Black -- Juvenile dependency presents somewhat unique issues of mootness.