Appellate DJ columns & more

Today's DJ has Myron Moskovitz's column: Forfeitures’ on appeal: Part I – the basic rules

• the right word is “forfeiture.” The cases say that a “waiver” is an intentional decision not to do something. Trial lawyers occasionally do that, for strategic reasons. But in my appellate practice, I’ve never seen a trial lawyer intentionally fail to present to the trial court an argument that might help the client. In every case I’ve handled, the argument was simply overlooked, not intentionally “waived.” So, the preferred word is “forfeiture.”
• The leading case on forfeitures is Ward v. Taggart (1959) 51 Cal.2d 736.
• if appellate consideration of the new argument does not deprive the opposing party of an opportunity to present evidence that might have defeated the new argument, then consideration of the argument is not “unfair.” A pure issue of law is not forfeited.

The DJ also has PJ Gilbert's column titled Screw Ups (a euphemism) -- Change permeates all levels of society, including the judiciary, where judges are no longer removed from the real world, but are real people with struggles and failures.

On March 27 the Italian American Lawyers Association celebrates Women's History Month at a dinner featuring a panel of judges and Justice Helen Zukin. Details here.

Justice Zukin is also a panelist for the LASC webinar on April 17 at noon: What's Really Stopping You From Applying? Part II: LA County Judicial Officers Discuss How They Overcame Deterrents and Hurdles to Become a Judge.