The NLJ has When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them? -- The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
Law360 has an interview with SCOTUS star/co-director of Stanford Law's Supreme Court Litigation Clinic: High Court Bar's Future: Stanford Law's Easha Anand
Tuesday, October 15, 2024
Bold Step / Dubitantes / Anand interview
Monday, October 14, 2024
Mandatory Judicial retirement age?
- New Hampshire proposal would raise mandatory retirement to 75 from the current 70. Most states (33) have age limits for judges (CA does not). Vermont's mandatory retirement age is the highest, at 90. Texas's is 75.
- Arizona voters are being asked to scrap most retention elections and judicial term limits. AZ's mandatory retirement age is 70.
- Colorado voters will decide whether to create a judicial discipline adjudicative board composed of judges, attorneys, and citizens.
Sunday, October 13, 2024
History @ SCOTUS
- Judges are going to the library to do their own research
- Law schools lack infrastructure to teach new method
Conservative US Supreme Court justices’ reliance on history and tradition to settle contentious constitutional questions has judges and lawyers saying the new method of analysis makes their own jobs harder. The 6-3 conservative majority has cited centuries-old treatises in overturning abortion rights, pointed to English history dating to the late 1600s in allowing more guns to be carried in public, and looked to state practices at the time of the country’s founding in rejecting a free-speech challenge to trademark restrictions.
Thursday, October 10, 2024
Fed Cir in CA
- The U.S. Court of Appeals for the Federal Circuit is hearing arguments at law schools and courthouses around the San Francisco Bay Area this week. Occasionally hitting the road helps the Washington, D.C.-based court meet its statutory requirement to provide "reasonable opportunities to citizens to appear before the court" and reinforces its national jurisdiction.
- the students' questions about winning advocacy shook loose some of the most interesting observations from the jurists.
- Stoll said the most important thing is to learn how to write clearly and persuasively. But she said that it's important to know the caselaw as well. "The most persuasive briefs spend a lot of time on the arguments," she said. But, she added, those briefs are upfront in acknowledging the weak points in their arguments. "We don't always see parties that do that. Sadly, sometimes we'll see parties that … won't even acknowledge a weak point or a difficult fact that we have in their face until the reply brief, when they're responding to what their adversary has said in the rebuttal brief," she said, adding that that's a mistake.
- So is failing to address difficult questions head-on at oral argument. "The important thing is to listen to them and actually answer the question," Stoll said. "There are people who don't, unfortunately." Stoll attributed some of the unresponsiveness to advocates being excited or nervous. But she said that in some cases, it's because they're unprepared. She said the best way to deal with the question of preparation is to get together with colleagues to come up with "the most diabolical" questions that could come your way. She said that those sort of mock sessions allow an advocate to both address the tough questions and figure out paths to get back on track to making their strongest points.
1st Dist. Conference
The Appellate Section of The Bar Association of San Francisco presents Bi-Annual View from the Appellate Bench - 2024, Friday November 1, 2024, 9 a.m. to 4:30 (reception to follow) at the Milton Marks Auditorium (455 Golden Gate Ave, SF) -- 6 Hours of Appellate Specialization.
Every two years BASF has been honored to host a full day View from the Appellate Bench CLE program. Our 2024 conference will feature 12 esteemed Justices from the First District Appellate Court (Justices Banke, Wilson, Goldman, Petrou, Brown, Streeter, Chou, Humes, Stewart, Rodriguez, Jackson) as well as Justice Kelli Evans from the California Supreme Court, and a host of other appellate law experts.
Wednesday, October 9, 2024
2/7 Research Attorney to LASC!
Esther K. Ro, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Ro has served as a Senior Appellate Attorney at the Second District Court of Appeal since 2019. She was a Partner at Morgan, Lewis & Bockius LLP from 2017 to 2019 and an Associate there from 2011 to 2017. Ro was an Equal Justice Works AmeriCorps Recovery Fellow at the Asian Pacific American Legal Center from 2009 to 2010 and an Associate at Squire, Sanders & Dempsey LLP from 2007 to 2009. She earned a Juris Doctor degree from the University of California, Los Angeles School of Law. She fills the vacancy created by the retirement of Judge Paul A. Bacigalupo. Ro is a Democrat.
Trott on Trump
The NLJ has Assistant Solicitor General Heads to Paul Hastings to Co-Chair Appellate Practice -- Ben Snyder joins the firm after five years at the Justice Department.
Ben Snyder, an assistant solicitor general, is joining Paul Hastings as a partner and co-chair of its appellate practice, the firm said Wednesday. Snyder, based in Washington, D.C., will start at the firm in mid-December. Steve Kinnaird, also out of D.C., will remain the firm's other co-chair for that practice.
Monday, October 7, 2024
Proposed 9th Cir. rules
• Circuit Rules 29-1 through 29-3 (Amicus Curiae Briefs)
• Advisory Committee Note to Circuit Rule 32-1 (Form and Contents of Briefs)
The revisions to Circuit Rules 29-1 through 29-3 would eliminate the filing of nongovernmental amicus curaie briefs by consent. Instead, any non-governmental amicus curaie brief will require a motion for leave to file and will only be filed with the permission of the Court. This change would allow the Court to manage potential recusal issues that could arise upon the filing of an amicus brief without permission of the Court before a merits or en banc panel is assigned to the case.
The revision to the Advisory Committee Note to Circuit Rule 32-1 would make clear that, by signing a brief as required by the Rule, an attorney or unrepresented party is attesting that they have reviewed and verified the contents of the brief, regardless of how the brief was prepared.
If ultimately approved by the Court, these rules would become effective no earlier than June 1, 2025. Please direct comments to Molly C. Dwyer, Clerk of Court, at Molly_Dwyer@ca9.uscourts.gov, and Susan V. Gelmis, Chief Deputy Clerk, at Susan_Gelmis@ca9.uscourts.gov. Comments must be submitted no later than December 5, 2024.
See NLJ's Judges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs -- Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.
5th Cir. proposes rule on expedited decisions
- Attorneys could ask for ‘urgent action’ in non-emergency cases
- Court seen uptick in high-profile cases
Saturday, October 5, 2024
Book analyzes SCOTUS writing
LASC Appellate Division Calendar
APPELLATE DIVISION 2025 ORAL ARGUMENT HEARING DATES
The Appellate Division of the Superior Court of Los Angeles County has announced its 2025 oral argument hearing schedule. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division Courtroom Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court:
January 9 and 23
February 6 and 20
March 6 and 20
April 3 and 17
May 1 and 15
June 12 and 26
July 10 and 24
August 7 and 2
September 4 and 18
October 2 and 16
November 6 and 20
December 4 and 18
Friday, October 4, 2024
First Monday in October coming up...
- As the court continues to decide politically fraught cases along bitter ideological lines, public approval remains at historic lows. A recent Gallup poll found that just 43% of Americans approve of the way the court is handling its job, while 52% disapprove.
- "Supreme Court reform" is now on the lips of President Joe Biden and Democratic party members as they seek to insert the court's abortion ruling, and the barely dry Trump v. United States immunity decision, into the upcoming election. Vice President Kamala Harris, the Democratic nominee for president, has signaled support for Biden's calls for term limits, an enforceable ethics code and a constitutional amendment to undo the Trump ruling.
Thursday, October 3, 2024
Do reversal rates align with party affiliation?
- Study finds appellate reversal rates align with party affiliation
- Alignment shows ‘evidence of polarization’
Federal appellate court panels are more likely to uphold rulings by trial court judges if they were appointed by presidents of the same political party, a new study found. The study, published Wednesday by the National Bureau of Economic Research, concluded the political affiliations of the members of three-judge appeals court panels “have a significant impact” on whether the underlying trial court decision is reversed.
Wednesday, October 2, 2024
SCOCA annual review
The court in December marked its return to hearing oral argument in Los Angeles, a tradition put on hold for nearly four years during the COVID-19 pandemic.The court’s tradition of hearing oral argument in Los Angeles—as one of three recurring locations for oral argument, along with Sacramento and San Francisco—dates to 1878.
UC Davis School of Law has posted an interview with Judge Kira Klatchko (formerly a SoCal appellate specialist).
Tuesday, October 1, 2024
3 new CAAL Members
California Academy of Appellate Lawyers Announces Three New Members
The California Academy of Appellate Lawyers is pleased to announce that it admitted three new members at its September 28, 2024 meeting: Glenn Danas, Victoria Fuller, and Rupa Singh.
- Mr. Danas is a partner at Clarkson. He received his B.S. from Cornell University and his J.D. from Emory University School of Law, with honors. He clerked for the Honorable U.W. Clemon on the United States District Court for the Northern District of Alabama.
- Ms. Fuller is a partner at Niddrie|Addams|Fuller|Singh. She received her B.A. from the University of California, San Diego and her J.D. from the University of San Diego School of Law. She served as a judicial extern for the California Court of Appeal, Fourth Appellate District, Division One.
- Ms. Singh is a partner at Niddrie|Addams|Fuller|Singh. She received her B.A. from the University of Pennsylvania, summa cum laude, and her J.D. from New York University School of Law, magna cum laude. She clerked for the Honorable Irma E. Gonzalez (Ret.) on the United States District Court for the Southern District of California. She also served as an Ethics Law Clerk for the Honorable M. Margaret McKeown and as a Staff Attorney, both for the U.S. Court of Appeals for the Ninth Circuit.
Founded in 1972, the Academy is the nation’s oldest lawyers’ organization dedicated to appellate practice. Our members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character, and appellate advocacy skills. Academy members are very frequently counsel of record in the most complex and highest-impact cases before the California Supreme Court, the California Court of Appeal, and federal appellate courts.
DJ articles, including re Pro bono reporting
Attorneys in California will soon be required to report their pro bono hours to the State Bar. Gov. Gavin Newsom signed AB 2505 on Friday. Beginning next year, attorneys will need to report to the bar whether they have provided free or reduced cost legal services in the past year.
2d DCA pro tem update
- Presiding Justice J. Anthony Kline (ret.) of the First District Court of Appeal will be sitting Pro Tem in Division One until October 31, 2024
- Judge Nicole C. Bershon of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until November 30, 2024
- Judge Mark K. Hanasono of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until October 31, 2024
- Presiding Justice Peter J. Siggins (ret.) of the First District Court of Appeal will be sitting Pro Tem in Division Four from October 5, 2024 until November 20, 2024
Monday, September 30, 2024
1st DCA pro tem update
- Judge Elizabeth M. Hill of San Mateo County Superior Court will be sitting pro tempore in Division One until November 30, 2024.
- Judge Danielle Douglas of Contra Costa County Superior Court will be sitting pro tempore in Division Four until November 7, 2024.
2d DCA Appointments!
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Thursday, September 26, 2024
ND Cal 9th Cir program
Law360 has 9th Circ. Chief Talks Caseload, AI, Trivia At Fed Bar Luncheon
Ninth Circuit Chief Judge Mary H. Murguia touted the appellate court's efforts to reduce pending cases, revealed that recommendations are forthcoming about how the courts can use artificial intelligence and shared fun trivia about her colleagues during the Federal Bar Association's annual luncheon Wednesday for the Northern District of California.
Reminder: California courts will be closed tomorrow (9/27/24) in observance of California Native American Day.