4/3 posted the following photo and announcement last week:
The Fourth Appellate District, Division Three takes great pleasure in welcoming Associate Justice Martha K. Gooding to our esteemed court. After a period of three years characterized by judicial retirements, we are pleased to announce that all eight judicial seats within our court are now occupied.
The MetNews has an article on this 4/3 published opinion here. The opinion begins:
A bulldozer can move piles of dirt from one place to another. But when the goal is to move minds rather than dirt, employing a bulldozer may be counterproductive. The bulldozer in this case is appellant Debra Wear’s counsel. In our prior nonpublished opinion, Tedesco v. White (June 15, 2022, G059883) (Tedesco 1), we made clear to these lawyers that “[w]e do not confuse aggressive argument with persuasive advocacy.” Although the aggression has not abated, our view of it remains unchanged.
The opinion also notes:
Law360 has Are Justices Split 3-3-3? New Term Is Already Offering Clues
The Recorder has 'We Need Funding': CA Chief Justice Guerrero Says New Duties Come With Costs-- Former Chief Justice Tani Cantil-Sakauye praised the collegiality on the state's high court. "It's a commitment and a culture," she said.
California's new Supreme Court Chief Justice Patricia Guerrero said Thursday that one of her priorities for the state judiciary is to ensure judges understand the science of climate change, and explained why she believes artificial intelligence will never replicate the work of judges.
Chief Justice Guerrero said she doesn't know what the future of artificial intelligence will bring, but said she finds it fascinating, and that ChatGPT was "fun to try." "But I have not used it to write any of my opinions, nor do I intend to," the chief justice said. And addressing the audience of lawyers, she said, "Nor do I recommend that you do that for your briefs."
An attorney from the Solicitor General’s Office is arguing in each of the seven cases scheduled to be heard during the November sitting that begins Oct. 30, and it will be a different one each time. Solicitor General Elizabeth Prelogar will be at the lectern for a gun rights case on Nov. 7, which is typical in the highest profile arguments.
BASF's Appellate Law Section has two programs in November:
Need an appellate sanctions fix? Check out this unpub here -- $6,466 against appellant's counsel.
Law360 has New Report Champions Term Limits For Supreme Court
Term limits for U.S. Supreme Court justices would reduce the likelihood of extreme ideological imbalances on the court and ensure the bench better reflects the country's state of affairs, according to a report released Wednesday by the American Academy of Arts & Sciences.
A bipartisan group of legal scholars lent credence to calls to do away with lifelong appointments to the nation's highest court, saying in a 32-page report that 18-year terms followed by optional senior status service would limit "problematic strategic behavior" related to the court, including tactical retirements and stalemates during a nominee's confirmation process.
Law.com has Ex-Supreme Court Clerks Find Big Money Opportunities in Litigation Finance
Counsel Press Inc., a provider of legal process outsourcing, has been acquired by Align Capital Partners, the companies said Tuesday. New York-based Counsel Press, founded in 1938, describes itself as "the largest, most experienced appellate services company in the United States." It says it prepares and files more than 8,000 appeals every year and works with 1,500 law firms, including 98 of the Am Law 100.
The Los Angeles City Attorney's office is one of the nation's largest municipal law offices. With over 1,000 legal professionals, including 500 attorneys, the Office provides the City with the highest caliber of legal services, ranging from prosecuting criminal misdemeanors and playing a leading role in criminal justice reform, advising on homelessness initiatives, defending civil lawsuits and claims, and bringing civil enforcement actions in the name of the People of the State of California. Salary Range: $115,696 - $221,390Questions? Please email atty.recruit@lacity.org.
Moderator:
Hon. John B. Owens
Ninth Circuit Judge, clerked for Justice Ruth Bader Ginsburg
Panelists:
Kathy H. Ku, Esq.
Wilson Sonsini, clerked for Justice Ruth Bader Ginsburg
Stan Panikowski, Esq.
DLA Piper, clerked for Justice Sandra Day O'Connor
Josh Patashnik, Esq.
California Department of Justice, clerked for Justice Anthony M. Kennedy
David Phillips, Esq.
Jones Day, clerked for Justice Samuel A. Alito Jr.
A judiciary rules committee is weighing whether it should nix the requirement that amici seek consent from the parties or the court’s permission before filing briefs, as the U.S. Supreme Court did last year. But one federal appellate judge on Thursday warned that doing away with the requirement that courts green-light briefs could cause recusal issues. In cases involving rehearing petitions, Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said judges may be forced to recuse from en banc voting if an automatically docketed amicus brief creates a potential conflict and there’s no way for the court to prevent the brief from being submitted.
APJ Lui, Justice Hoffstadt, and Clerk/XO Eva McClintock will update attendees on the state of affairs in the 2d District and important upcoming changes at the Court.
“Let the Third Circuit be the Third Circuit, see how it works out,” said Judge Jay S. Bybee of the US Court of Appeals for the Ninth Circuit, who is chair of the Advisory Committee on Appellate Rules, which met Thursday
The Federal Bar Association presents Webinar: Effective Appellate Advocacy: How to Identify, Raise and Preserve Issues on Appeal – A Panel Discussion
November 15 @ 2:00 pm - 3:00 pm ESTThe following judges are currently sitting on assignment in the Sixth District:
Interested in a case about horse racing? Look no further than this unpub from 2/7 here. Justice Segal works in the horse(word)play with lines like: "The Vaccarezzas’ theory of liability changed down the homestretch." Some readers appreciate that sort of writing; others say "neigh!" Note also the David Foster Wallace technique of footnotes having footnotes (citing to footnotes) in fn.5.
Want to know what happened at the recent Ninth Circuit Conference? A recap was just posted here: Ninth Circuit Conference Features Thought-Provoking Programs and Gatherings to Advance the Administration of Justice
Also of note, Law360 has 9th Circ. Lets Consumers Speed Up Live Nation's Arb. Appeal
The Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Los Angeles Superior Court judge Natalie Stone for possible appointment to the Second District Court of Appeal. If you have input on Judge Stone’s qualifications, please fill out the questionnaire linked below or contact committee chair Alana Rotter (arotter@gmsr.com). https://www.surveymonkey.com/r/SAJECStone
Law360 has SCOTUSblog Death Greatly Exaggerated, Tom Goldstein Says
Law.com has:
‘Extraordinary Achievement’: Lawyers Ask Judge to OK $125M PACER Fees Settlement --Plaintiffs allege the federal judiciary has overcharged the public for documents on the courts' electronic records system.
and
Suspended Judge Newman Discusses Her 'Proclivity of Dissenting' at ABA Event -- “The dissent helps the student to understand the balance that the court decided to reach," the 96-year-old jurist said.
From S.D.Cal.: The 2023 State of the District and Hon. David H. Bartick
Award Luncheon will be held on Tuesday, October 17, 2023, at the Westin Gaslamp
Quarter, from noon to 1:30 p.m. Attendees will receive updates regarding the
operation of the Court from Chief Judge Dana M. Sabraw, Magistrate Judge Karen
S. Crawford, Chief Bankruptcy Judge Christopher B. Latham, and Ninth Circuit
Judge John B. Owens. |
“Being an appellate lawyer required me to be a quick study. I came into cases after judgment, usually adverse to my client. I had to master the facts of the case and the substantive legal issues that would be raised on appeal, sometimes in the areas in which I did not have a lot of expertise. The experience of appellate work uniquely served me on the court. As judges on a court of general jurisdiction, Superior Court judges must be intellectually nimble. Over the course of a career, a superior court judge may have assignments in all different areas of the law and will have to master the law anew in each new area.”
Bloomberg Law has New Disclosure Site Slow to Post Judicial Stock Trading Reports
Earlier this year the federal law changed: Under the Supreme Court's Coinbase v. Bielski (June 23, 2023, No. 22-105) opinion, a stay became automatic (Holding: A district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing.). Thus, state and federal law were aligned.
However, this afternoon the Governor signed SB365 which removes the automatic stay under California law (effective Jan. 1, 2024). Now CCP 1294(a) will read (new text bolded): "An aggrieved party may appeal from (a) An order dismissing or denying a petition to compel arbitration. Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." Thus, the state-federal alignment on this law will have lasted less than six months (between June 23, 2023 and December 31, 2023.)
This is yet another example of the round-and-round between California and federal law. When one zigs, the other zags. Keeps us all on our toes.
[Updates 10/11/23: the DJ has Request to arbitrate no longer guarantees stay in court proceedings {quoting this blog!} and The Recorder has Newsom Signs Bill Curbing Arbitration-Appeal Stays]
Law360 has Even After Suspension, Judge Newman Is Not Backing Down
After being suspended by colleagues investigating her fitness to serve on the bench, 96-year-old Federal Circuit Judge Pauline Newman said in an interview with Law360 that she's prepared to fight the decision for as long as it takes, calling the case "very bad for this court."
Blumberg Law has Passionate Opinions, Not Personal Attacks, Judges Tell Students
Wearing a judicial robe means often deciding contentious cases with some of the same people year after year, and for Judge David R. Stras, of the US Court of Appeals for the Eighth Circuit, doing that successfully means putting into practice the maxim “we can disagree without being disagreeable.”A federal appeals court judge published what he described as the opinion “that should have been issued” to his dissent in a death penalty case, in a move attorneys say marks a departure from typical practice.
“In the interest of time, instead of penning a long dissent pointing to the panel majority’s and district court’s myriad mistakes, I attach the Fifth Circuit panel opinion that should have been issued,” [Judge Jerry E.] Smith wrote.
Smith’s opinion is somewhat similar to a 2022 concurring opinion issued by Judge Lawrence VanDyke of the US Court of Appeals for the Ninth Circuit, a Trump appointee. The appeals court panel had ruled against a California county that required gun stores to close at the start of the Covid-19 pandemic.
Law.com's story is Dissenting Judge Pens Alternative Majority Opinion in Death Penalty Appeal -- Jerry Smith, of the Fifth Circuit, presents—by way of dissent—the decision that he says "should have been issued."
Presiding Judge of the Appellate Division Patti Jo McKay today reiterated the Court’s urgent need for attorneys to serve on the Appellate Division’s Panel of Appointed Attorneys to represent indigent defendants who seek to appeal judgments rendered in misdemeanor cases. “The 14th Amendment demands equal legal representation for both rich and poor at every significant stage of a case, including on appeal,” said Judge McKay. “The Court is at risk of delaying justice to its most vulnerable litigants without the expert assistance of attorneys ready and willing to serve on this critical panel.” 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 After a review of the submitted materials, the selected attorneys will be notified by U.S. mail.
The following are currently sitting on assignment in the First District
 |
Bloomberg Law has More Men from Firms Reflect US Supreme Court Advocate Gender Gap
The decision to reverse this case was difficult, but we must reverse it. Simply stated, we have no confidence Urdu-speaking Syed Tahir or the Center for Religious Tolerance, Inc. (Defendants) were given the benefit of a fair trial or equal access to justice. The record shows there were several contributing factors, some simply circumstantial, some created by trial tactics, and some arising from court error. When viewed together, these factors deprived Defendants of effective counsel during discovery disputes, which resulted in a type of terminating sanction/default judgment that we cannot affirm.
Law360 has Justice Thomas Recuses As High Court Rejects Eastman Bid
The U.S. Supreme Court on Monday refused to take up an appeal from John Eastman, a former attorney for Donald Trump, that challenges a subpoena from the U.S. House of Representatives committee investigating the Jan. 6 Capitol riot seeking his emails, with Justice Clarence Thomas taking the unusual step of recusing himself. ... Eastman is a former law clerk of Justice Thomas.
Bloomberg Law has Thomas Issues Rare Recusal in Jan. 6 Trump Lawyer Appeal
Thomas gave no explanation. He has drawn criticism for previously not disqualifying himself from cases involving the 2020 election and its aftermath. His wife, conservative activist Virginia “Ginni” Thomas, was among those who urged the White House to do more to try to overturn the election results.
The following are currently sitting on assignment in the 1st District:
Today's LA Times has An unexpected check on Supreme Court’s sharp move right: Justice Kavanaugh
Law360 has 5 Supreme Court Cases to Watch This Fall, 'Administrative State' Attacks Soar To High Court Crescendo and First-Time Advocates Dominate High Court's Fall Schedule, the last of which begins:
Solo practitioner Howard Bashman had almost given up all hope on his goal of arguing before the U.S. Supreme Court, but then the justices agreed in March to hear an admiralty law case over choice-of-law provisions in which he represents a yacht owner challenging the denial of an insurance claim.
Today's DJ has:
Floyd Siegal's A Ruthless Court, about the friendship between RBG and Nino Scalia.
PJ Gilbert has Times, They Changed, about judges who write books (e.g., Beds, Eileen Moore, Anthony Mohr, Timothy Fall, etc.) and how judges reveal more about themselves than ever before (nothing that he did not have a column last month because he had COVID).
Myron Moskovitz has Part II on interpreting our Constitution: the voters v. the judges
Judge David Rosenberg has A Unique Attribute of Our Justice System -- Only one nation – the United States of America – allows jury trials in the vast majority of civil cases.
Law360 has Attorneys Will Now Have Remote Access To Pa. Appeals Briefs -- That's PA, not CA (sigh); but maybe one day??
The Recorder has Feinstein Leaves 'Profound' Impact on California's Federal Bench -- In her 30 years as a U.S. senator, Dianne Feinstein, who died Friday at age 90, pushed five presidents to create a more diverse federal bench in California, said lawyers who helped her vet judicial candidates.
An interesting unpub'd decision from 2/3 emphasizes that incivility in litigation is a basis for reducing a fee award: "We agree a trial court may consider an attorney’s pervasive incivility in determining the reasonableness of the requested fees."
Posts
All Comments
