Bold Step / Dubitantes / Anand interview

The Recorder has Los Angeles Courts Took a Bold Step to Protect Your Rights. Here's Why It Matters -- In the past year in Los Angeles, there's been no transcript for too many lawyers and their clients in California family courtrooms due to a shortage of court reporters (and this is an even greater problem statewide). Los Angeles County courts finally took a step recently toward addressing that problem by allowing electronic recording.

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

Mandatory Judicial retirement age?

Bloomberg Law has Voters to Weigh Judicial Retirement Age, Term Limits, Discipline which addresses various proposals in other states regulating judges:

• 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.

History @ SCOTUS

Bloomberg Law has Justices’ History Focus Tests Lawyers, Judges, and Law Schools

• 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.

Fed Cir in CA

The Recorder has 'The Most Peculiar Federal Court in the Country' Comes to Berkeley Law -- After sitting together as a panel to hear arguments in three cases Tuesday morning, Federal Circuit Judges Timothy Dyk, Raymond Chen and Judge Kara Stoll answered law students' questions about the qualities of winning advocates.

• 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.

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

9th Cir. Senior Judge Stephen Trott has an opinion piece in WAPO: Why the Supreme Court’s immunity ruling is untenable in a democracy

[ABAJ has SCOTUS immunity decision may have protected crimes in Nixon White House, 9th Circuit judge says]

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.

 

Proposed 9th Cir. rules

Comments are invited on proposed revisions to the following Circuit 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

Bloomberg Law has Fifth Circuit Weighs New Rule on Seeking Quick Decisions

• Attorneys could ask for ‘urgent action’ in non-emergency cases
• Court seen uptick in high-profile cases

The US Court of Appeals for the Fifth Circuit is considering a rule to allow parties to ask the court to issue decisions by a certain date, even if the case doesn’t qualify as an “emergency.” Under the proposal, posted on the circuit’s website on Friday, parties can certify that “action is necessary by a date certain.” The filing “must clearly state the date for action and provide a justification for why such action is needed.”

Book analyzes SCOTUS writing

The ABA Journal has The Supreme Court is a liberal body—when it comes to legal writing -- Prof. Jill Barton (U. of Miami) spent five years analyzing more than 10,000 pages from Supreme Court opinions, and The Supreme Guide to Writing is the result.

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

First Monday in October coming up...

The NLJ has Supreme Court Will Begin New Term Dogged by Old Issues --The high court finds itself under as much scrutiny as ever as it prepares to reconvene Monday for the start of the October 2024 term.

• 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.

Law360 has 12 Lawyers Who Are The Future Of The Supreme Court Bar

Bloomberg Law has US Supreme Court Debut Tops Advocate's Packed Argument Calendar and 

New Fifth Circuit Chief to Lead Court in National Spotlight (bloomberglaw.com)

Do reversal rates align with party affiliation?

Bloomberg Law reports Trial Court Reversals Track Party of Judges in Cases, Study Says

• 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.

SCOCA annual review

The Judicial Council has posted: Year in Review: California Supreme Court -- Highlights and key statistics from the 2023–2024 court year.

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).

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

Today's DJ has Jennifer Hansen's Appointed-counsel are critical to access justice in Courts of Appeal.

And today's DJ has the monthly Exceptionally Appealing column, Hair splitting for fun and braggadocio.

Further, today's DJ also has Attorneys must report pro bono work starting next year

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

The following are currently sitting on assignment in the 2d District:

• 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

1st DCA pro tem update

These current judicial officers are assigned to temporarily fill judicial vacancies at the First District:

• 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.

And from the Gov's office:

Claws for celebration: Governor Newsom signs legislation establishing state crustacean, slug, and seashell -- What you need to know: Today, Governor Gavin Newsom signed three bills establishing three new state symbols: the Dungeness crab as the state crustacean, the banana slug as the state slug, and the black abalone as the state seashell.

For more animal law, The Recorder has Bedsworth: Bon Appetit, Monsieur Raccoon

The NLJ has Covington Adding Former DOJ Civil Appellate Head to Supreme Court Practice -- Sarah Harrington (former head of the USDOJ civil appellate staff), who has argued 22 times before the justices, says she is "not afraid of a hot bench."

And the NLJ has 'Be Not Afraid': Kavanaugh on the Importance of Being Thick-Skinned -- "In my job, you lose a lot of friends and that's just the reality of it," Justice Brett Kavanaugh said at The Catholic University of America Columbus School of Law.

The MetNews has C.A. Admonishes Defense Counsel for Unsupported, Unbecoming Attacks -- Opinion Says Lawyer’s Arguments in Favor of Reversing Denial of Resentencing Were Unmerited Character Accusations Against Court, Prosecutor. Decision here.

2d DCA Appointments!

 

Governor Gavin Newsom today announced his nomination of three Court of Appeal Justices: Justice Brian M. Hoffstadt as Presiding Justice of the Second District Court of Appeal, Division Five; Judge Michelle C. Kim as an Associate Justice of the Second District Court of Appeal, Division One; and Judge Anne K. Richardson as an Associate Justice of the Second District Court of Appeal, Division Two.   The Governor also announced his appointment of 7 Superior Court Judges, which include four in Alameda County; two in Los Angeles County; and one in Ventura County.   Second District Court of Appeal Justice Brian M. Hoffstadt, of Los Angeles County, has been nominated to serve as Presiding Justice of the Second District Court of Appeal, Division Five. He has served as an Associate Justice at the Second District Court of Appeal, Division Two since 2014. Justice Hoffstadt served as a Judge at the Los Angeles County Superior Court from 2010 to 2014. He was a Partner at Jones Day from 2007 to 2010 and served as an Assistant U.S. Attorney at the U.S. Attorney’s Office, Central District of California from 2000 to 2007. Justice Hoffstadt served as Senior Counsel at the U.S. Department of Justice, Office of Policy Development from 1998 to 2000 and at the Federal Communications Commission, Office of General Counsel from 1997 to 1998. He served as a Law Clerk for the Honorable Sandra Day O’Connor at the U.S. Supreme Court from 1996 to 1997 and for the Honorable Cynthia H. Hall at the U.S. Court of Appeals, Ninth Circuit from 1995 to 1996. Justice Hoffstadt earned a Juris Doctor degree from the University of California, Los Angeles School of Law. He fills the vacancy created by the retirement of Presiding Justice Laurence D. Rubin. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. Justice Hoffstadt is a Democrat. Judge Michelle C. Kim, of Los Angeles County, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division One. She has served as a Judge at the Los Angeles County Superior Court since 2018. Judge Kim served as a Deputy Alternate Public Defender at the Los Angeles County Alternate Public Defender’s Office from 2005 to 2018 and as a Deputy Public Defender in the Los Angeles County Public Defender’s Office from 2003 to 2005. She earned a Juris Doctor degree from the University of California, Los Angeles School of Law. Judge Kim fills the vacancy created by the retirement of Justice Victoria D. Chaney. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. Judge Kim is a Democrat. Judge Anne K. Richardson, of Los Angeles County, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division Two. She has served as a Judge at the Los Angeles County Superior Court since 2018. Judge Richardson was a Directing Attorney at Public Counsel from 2014 to 2018. She was a Partner at Hadsell, Stormer, Richardson and Renick LLP from 1998 to 2014 and was an Associate there from 1993 to 1998. Judge Richardson was a Public Interest Fellow at Litt and Stormer from 1990 to 1992 and served as a Law Clerk for the Honorable Mariana R. Pfaelzer at the U.S. District Court, Central District of California from 1989 to 1990. She earned a Juris Doctor degree from Stanford Law School. Judge Richardson is being selected to fill the vacancy that will be created pending confirmation of Justice Brian M. Hoffstadt’s appointment as Presiding Justice of the Second District Court of Appeal, Division Five. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. Judge Richardson is a Democrat.   The compensation for each of these positions is $279,151.

The Recorder has Gov. Gavin Newsom Chooses New Justices for L.A. Appellate Court

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.