9th Cir. Chief Mediator retires

Stephen Liacouras, until recently the Ninth Circuit's Chief Mediator, has set up Liacouras Mediation:

• Full-time mediator since 2001; successfully resolved more than 1,000 complex civil disputes.
• Chief Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit, 2018–2026; Led the nation's largest court-staffed appellate mediation program.
• Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit, 2001–2018.
• Mediation practice areas include business and commercial, civil rights, insurance, ERISA, employment, environmental and natural resources, intellectual property, personal injury and wrongful death, real property, housing, and financial services.
• Extensive teaching of mediation and negotiation skills to judges, attorneys, and law students.

Appellatey roundup

The DJ has Myron Moskovitz's Working, Part 5: Adding meat to the bones with 'AOB 2' -- In the latest installment of his brief-writing series, Myron Moskovitz explains how he builds an appellate opening brief by assembling key portions of the record, transcripts and legal research into a comprehensive working document.

Ed Whelan's Confirmation Tales has How Betty Fletcher Won by a Day and Lost for Nineteen Years

Bloomberg Law has David Lat's Judges' Casual Writing Embraces Slang-- and Not Everyone's a Fan

Law360 has Goldstein Not Leaving Prison Any Time Soon, 4th Circ. Rules -- The Fourth Circuit balked late Wednesday at freeing Tom Goldstein from prison as he fights felony convictions, and it rejected fast-track review of the renowned appellate advocate's trial, indicating he'll likely spend substantial time behind bars even if his appeal succeeds.

The Recorder has Bedsworth: Baseball Arbitration and Me:

I don't do arbitration and pre-trial mediation. I prefer post-trial stuff. That I know well. ... what I do now is appellate mediation and consultation. I tell people how I think they can win their appeal. Or I help them avoid throwing good money after a bad loss with an appeal as likely to succeed as the Angels.

Law360 has 5 Circuit Splits To Watch At The High Court, which begins:

The U.S. Supreme Court has been deciding fewer and fewer cases over the past three decades, with its caseload reaching a historic low just last term. While attorneys believe several factors have contributed to that trend, they say one of the most consequential is the court's apparent declining interest in resolving circuit splits. Historically, conventional wisdom among Supreme Court litigators has been that a petition for certiorari that presents a circuit split is more likely to be granted than one that doesn't. A conflict among lower courts is even one of the three explicit considerations for granting review listed in the Supreme Court's official rulebook. But over the past 30 years, the mere fact that a circuit split exists has become less of an indicator that the justices will grant review in a certain case.

Tung lashing?

Today's DJ has 9th Circuit Judge Tung makes his mark with pointed dissents -- Less than a year after joining the 9th Circuit, Trump appointee Eric C. Tung has repeatedly challenged his colleagues in sharply worded dissents on immigration and other contentious issues.

Shaun Martin, a professor at the University of San Diego School of Law, said Tung's combative approach is unusual for a new appellate judge, who might ordinarily be reluctant to antagonize colleagues early in his tenure.

BK appellate jrdxn case

Today's DJ's Exceptionally Appealing column is Mulling Modifications -- A change from $X to zero dollars isn't a change in judgment?, about when an appellate modification changes the appellate judgment or not.

On another esoteric appellate point, those interested in bankruptcy appellate jurisdiction should review this Ninth Circuit opinion (and this blog post from Prof. Martin). The official summary explains: "The panel held that the court of appeals has jurisdiction under 28 U.S.C. § 158(d)(1) over appeals of orders that finally dispose of discrete disputes within a larger bankruptcy case."

The NYT has How the Supreme Court Locks Away Its Own History -- After Justice Scalia died, the justices held private negotiations about locking away their papers. We may not see the ultimate record of the Roberts court for decades.

FRAP proposals

Proposed FRAP Amendments are here --  relating to service and electronic filing by self-represented litigants. Comments due Feb. 15, 2027.

9th Cir. tech issue extends deadlines

Technical Issue -- Due to a technical issue on August 10, 2026, the Ninth Circuit's case management systems was temporarily unavailable. This affected both CM/ECF, ACMS, and the court's email inbox. The Administrative Office of the Courts has now resolved the issue.
The court will sua sponte extend all deadlines for filings due today under Fed. R. App. P. 26(a)(3).

Appellate tidbits

Bloomberg Law has Trump Picks Flex Rising Influence on Largest US Appeals Court -- Trump has appointed 11 judges on the 29-seat Ninth Circuit. His picks have had an outsized voice although liberals still hold a narrow majority.

Law.com has What Was Behind the Circuits' SCOTUS Reversal Rates This Term?

The DJ has Rethinking application of the disentitlement doctrine in cases involving domestic violence (by H&L's Melissa Whalen and Sarah Fiskin) -- As California courts increasingly apply the disentitlement doctrine to family law disputes, it should never be used to strip domestic violence victims of restraining order protections simply because they failed to pay court-ordered attorney fees to their abuser.

The DJ's July 2026 monthly Discipline Report reports on the May 15 disbarment of John Charles Eastman and the May 29 suspension of Joseph Lawrence Dunn.

J.Kagan at 9th Cir. Conference

Bloomberg Law has Kagan Says Supreme Court Not a ‘Rubber Stamp’ for Trump Policies

“On quite a number of occasions we’ve said to this administration, to this president: ‘You can’t do that,’” Kagan told judges and lawyers at the judicial conference for the US Court of Appeals for the Ninth Circuit in Bellevue, Wash., on Thursday.

Judge Gould video

July is Disability Pride Month. CBS Sunday Morning ran segment on Ninth Circuit Judge Gould here.

Ronald Gould is a federal judge on the Ninth Circuit Court of Appeals in Seattle, one rung below the U.S. Supreme Court. At 79, he shoulders a full caseload despite living with progressive multiple sclerosis. He talks with CBS News chief medical correspondent Dr. Jon LaPook about working with MS, a condition he faces with grit and a healthy dose of humor. LaPook also talks with one of Gould's former law clerks, Karla Gilbride, an attorney who has been blind since birth.

Law360 has Retired Judges Rip Bid To Ban Foreign-Born Federal Judges -- "A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States."

Comeback appeals -- we mean it!

In the Ninth Circuit, if a case is decided on appeal, gets remanded, and then gets appealed a second time in the future, the second appeal (a "comeback" appeal) is supposed to get assigned to the original panel (or at least the original panel is supposed to be notified, and it can then decide to take it or not). This is spelled out in General Order 3.6(d). Sometimes, however, comeback cases slip through without this process. In a published order on Monday, the court admits that the comeback procedures weren't followed in the case (which, now after oral argument, is being reassigned to the original panel). The order also states "our court is taking internal measures to ensure that General Order 3.6(d) is strictly followed in the future."

Professor Martin's take on all this is one word: Oops.

In other 9th Circuit news, see Judicial Conduct and Disability Complaint Number 26‑90153, where Chief Justice John G. Roberts, Jr. has transferred the complaint regarding Circuit Judge Ryan D. Nelson, to the Judicial Council of the Fourth Circuit.

Bloomberg Law has Barrett, Kagan to Appear at Hearings on Supreme Court Budget

Supreme Court justices last testified publicly on their budget in 2019. Their practices in the past have also included private meetings with lawmakers to discuss funding.

Today's California civility published opinion from 4/3 is here. "Stonewalling the other side in such a manner, irrespective of any underlying intent or lack thereof, falls far short of conducting oneself with dignity, courtesy, and integrity."

PACER fees increase

Law360 reports PACER Fees Will Rise To Fund Cyber Defense Upgrades

The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

• Beginning Jan. 1, 2027, the cost of accessing court records through PACER will increase from 10 cents to 12 cents per page. The price increase will last for five years. The announcement didn't say whether the current $3.00 cap to access a single document would also change.
• This is the first adjustment in PACER fees in nearly 15 years, it said. In 2012, the per-page fee was raised from 8 cents to 10 cents.
• fees will be waived for users who spend $40 or less per quarter, an increase from the current $30 waiver.

Bloomberg law has Courts Raise PACER Fees to Fund System Upgrades After Hacks

Law.com has Judiciary to Increase Pacer Fee to Fund Fast-Tracked System Upgrade

Pacer fees currently generate about $147 million a year in collections, while costs for the modernization project are estimated at $700 million to $800 million over a six-year period ending in fiscal year 2030, the judiciary said June 26.

Justice 250 event in SD July 2 / Scotus speculation

As reported on At The Lectern, Justice 250 is a special event coming to the flight deck of the USS Midway Museum on Thursday, July 2, 2026, featuring Chief Justice Guerrero and Ninth Circuit Judge McKeown.

At the Lectern also has New courthouse named in honor of former Chief Justice

Bloomberg Law has Judges Jockey for Potential Trump Supreme Court Appointment

• Retirement speculation, which typically comes at the end of each Supreme Court term in June, has been focused on 77-year-old Justices Clarence Thomas and 76-year-old Samuel Alito. The men, considered the two most conservative justices, haven’t publicly announced their future plans.
• Solicitor General John Sauer and Judge Andrew Oldham of the Fifth Circuit have been discussed as potential candidates for the Supreme Court
• Judge James Ho on the Fifth Circuit has also been floated
• Other names include Judges Neomi Rao and Gregory Katsas on the DC Circuit, Judge Patrick Bumatay on the Ninth Circuit, Judge Steven Menashi on the Second Circuit, and Judge Amul Thapar on the Sixth Circuit.

Law.com has Kannon Shanmugam Talks Davis Polk Move, the Supreme Court’s Shrinking Docket and Appellate Strategy and Quinn Emanuel Promotes New York Partner to Appellate Practice Co-Leader

Bloomberg Law has Kirkland Taps Quinn Emanuel Partner to Steer Appeals Group

PACER passwords

Important PACER Announcement: Updated Password Standards

Beginning August 17, 2026, PACER users who have not updated their password in the last 18 months will be randomly selected to update their password to comply with the updated password standards. The new password must:

• Be 14-45 characters in length.
• Contain at least one lowercase letter, one uppercase letter, and one special character.
• Not contain any part of your first name, last name, username, or email address.

Passwords will also have to be updated every 180 days.

See full announcement here.
Please consider updating your ECF password as soon as possible.
To change your password, login to Manage My Account. Under Settings, click Change Password.

9th Cir. Lawyer Reps wanted

The United States District Court, Central District of California, is currently accepting applications from qualified individuals interested in serving as Ninth Circuit Judicial Conference Lawyer Representatives.
The selected Lawyer Representatives will be representative of the entire district and reflect the diversity of lawyers practicing before the Court.
For more information, please see the attached https://www.cacd.uscourts.gov/news/recruitment-notice-ninth-circuit-judicial-conference-lawyer-representatives-3.

9th Cir. Order re judicial misconduct inquiry

The DJ has 9th Circuit opens misconduct probe of Judge Ryan Nelson -- Chief Judge Mary H. Murguia of the 9th U.S. Circuit Court of Appeals ordered a judicial misconduct inquiry Monday into Judge Ryan D. Nelson after media reports revealed he faces misdemeanor battery and property damage charges stemming from a confrontation in an Idaho Falls parking lot. ... According to the Idaho State Journal, Nelson argued with another Idaho Falls resident over a parking space, allegedly knocking the man's sunglasses from his face and then stepping on them during the confrontation.

Bloomberg Law has Ninth Circuit Judge Nelson Charged With Misdemeanor Battery and Ninth Circuit Reviewing Judge Charged With Misdemeanors

Law.com has 9th Circ. Judge Faces Inquiry, Charges After Idaho Altercation

9th Cir. sanctions

Law360 has Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal about an award of attorneys fees as sanctions by the Ninth Circuit (OSC here; sanctions order here).

Law360 also has Calif. Panel Reverses Order For Citing Atty's Bogus Case Law about this unpub from the 5th District.

And Law360 has No Fed. Circ. Arguments In August Due To Building Work

Bloomberg Law has Inmate Who Filed Own Appeal Gets Supreme Court Review -- The US Supreme Court agreed to hear an appeal from a Texas inmate who represented himself in his initial appeal to the justices seeking transfer from prison to less restrictive custody.

9th Circuit launches new website!

Check out the new 9th Circuit website!

Updated 9th Cir. Practice Guide

The updated Ninth Circuit Appellate Practice Guide (March 2026 edition) is now online here. Its 202 pages have 16 chapters covering all aspects of 9th Circuit practice. Congrats to the Appellate Lawyers Representatives for this worthwhile resource.

9th Cir. Survey & SCOTUS leak

The Ninth Circuit Appellate Lawyer Representatives invite you to participate in a brief 5–10 minute survey about your experiences litigating in the Ninth Circuit Court of Appeals. Your feedback will help the Court better understand the user experience and identify opportunities for improvement. Results will be presented in summary form to Ninth Circuit judges and court staff in July. All responses will remain anonymous. Please complete the survey by May 6. Clickhere to take the survey.

And the NLJ has Appellate Judges Put a Lot of Weight on Sister Circuit Precedent, Study Finds -- In a forthcoming paper in the Southern California Law Review, Georgetown University Law Center professor Amy Griffin questioned how much deference judges give peer circuit precedent, despite not being bound by it.

Griffin’s central finding: When there was already one-sided sister circuit precedent—set either by one or multiple courts—then the new court agreed with its peer or peer circuits 96% of the time. And once two circuits agreed, the rest almost always followed, according to her research.

When only one prior circuit had ruled on a first impression issue, the new, deciding circuit agreed with that peer precedent 84% of the time. But once two circuits ruled the same way, agreement jumped to 97%. And once three or more circuits were in agreement the new court agreed essentially 100% of the time.

Bloomberg Law has Leaked Emergency Docket Memos Show Early Supreme Court Split

Newly leaked documents from the Supreme Court’s decision to stay a landmark Obama-era climate policy shed light on a fracture among the justices over emergency rulings that has only widened as the court has moved further to the right.
The documents, internal memos from the justices’ discussions about whether to grant an unprecedented administrative stay blocking an Obama administration effort to reduce carbon emissions, were published Saturday by the New York Times

9th Cir. 2025 Annual Report

The 9th Circuit's 2025 Annual Report is now available!