LASC under water today?

Superior Court of Los Angeles County to Temporarily Suspend Superior Court Operations at the Spring Street Courthouse on Wednesday, February 4, Due to Water Damage

Superior Court of Los Angeles County to Temporarily Suspend Superior Court Operations at the Spring Street Courthouse on Wednesday, February 4, Due to Water Damage

Out of an abundance of caution to protect the safety of court users, court staff and judicial officers, the Superior Court of Los Angeles County is temporarily suspending operations at the Spring Street Courthouse, located at 312 N. Spring St., Los Angeles, on Wednesday, February 4, due to potential issues resulting from remediation efforts to address a water leak.

The Court, which leases space from the Spring Street Courthouse for Superior Court operations from the U.S. General Services Administration (GSA), is actively working with the GSA and the Judicial Council of California to conduct an assessment of the damage to ensure the Spring Street Courthouse is safe for court users, court staff and judicial officers

A list of Superior Court departments at the Spring Street Courthouse can be found here.

Oral arg tips

David Lat's Original Jurisdiction has 3 Tips For Appellate Advocates—From Paul Clement:

1. Listen, listen, listen.

2. Stay nimble

3. Keep it conversational--and candid

2025 Appellate Year in Review program

CEB's annual appellate year-in-review webinar has dropped: Key Developments in Appellate Practice 2025 

Justices Adams, D.Kim, and Weingart (and appellate specialist Ben Shatz) discuss the year that was for California appellate practice, focusing on new rules, new practices, appellate news of note, and cases on appealability and appellate ethics. Counts for 1.75 hours of Appellate Specialization CLE credit.

That's not spam, that's the record!

The LASC Civil Appeals Unit has received a significant increase of phones calls regarding the delivery of the electronic Record on Appeal. As reflected on the Notice to Attorneys, the email address is:

“eCART Notification <eCART – DoNotReply@courts.ca.gov.”

Check your spam filter!

CLA seeks ALHOF submissions

The Committee on Appellate Courts of the California Lawyers Association Litigation Section is soliciting nominations for the Appellate Lawyer Hall of Fame for 2026.

Please click here for details for making a nomination.      

This award is presented by the Committee on Appellate Courts of CLA’s Litigation Section.  The new inductee will be recognized, along with the next Trial Lawyer Hall of Fame inductee, during a ceremony at CLA’s Litigation and Appellate Summit at the JW Marriott in San Francisco on May 14–15, 2026. Please submit nominations by February 13, 2026.

LASC Appellate Division seeks attorneys

 

Superior Court of Los Angeles County’s Appellate Division Seeks Attorneys to Represent Indigent Defendants Appellate Division’s Panel of Appointed Attorneys Provide Access to Justice to the Most Vulnerable Litigants The Superior Court of Los Angeles County’s Appellate Division is seeking qualified attorneys to represent indigent defendants. Willing attorneys who are approved to serve on the Appellate Division’s panel provide access to justice to some of the most vulnerable litigants by representing indigent defendants who seek to appeal judgments rendered in misdemeanor cases. The Appellate Division is continually seeking experienced attorneys who are willing to serve on the Appellate Division’s Panel of Appointed Attorneys. “The 14th Amendment demands equal legal representation for both rich and poor at every significant stage of a case, including on appeal,” said Presiding Judge of the Appellate Division Patti Jo McKay. APPOINTED ATTORNEYS: Upon Appellate Division approval, appointed attorneys are compensated by the Professional Appointee Court Expenditure (PACE) program at a rate of $100/hour and are appointed to represent indigent defendants via an alphabetical rotation process. 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 Superior Court of Los Angeles County’s Local Rules governing misdemeanor appeals. Commit to adhering to the PACE policies and protocols. Consent to electronically receiving criminal appeals and appellate documents, including the Record on Appeal, in an electronic format. 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 electronically send the above application materials to: Patti Jo McKay, Presiding Judge, Appellate Division Care of Lynette Brooks at LBrooks@lacourt.org.

Shatz joins Duane Morris

 Law360 has Manatt Appellate Star Leaves To Join Duane Morris In LA, about a certain certified appellate specialist, which begins:

Benjamin G. Shatz

Benjamin G. Shatz has joined Duane Morris LLP as a partner at the firm's appellate division of the trial practice group in Los Angeles, after spending more than two decades at Manatt, Phelps & Phillips LLP, according to an announcement issued Monday.

Also on Law360 today, the latest edition of Wheeling & Appealing: The Latest Must-Know Appellate Action

RIP Raoul Kennedy (1944-2026)

The SF Chronicle has an obituary for Raoul Kennedy, a past president of the California Academy of Appellate Lawyers, among many other accomplishments. The obit begins:

Long time Bay Area Trial and Appel­late attor­ney, Raoul D. Kennedy, died fol­low­ing an over 20-year battle with Par­kin­son’s Dis­ease. A hugely suc­cess­ful trial law­yer, Kennedy was known for enter­tain­ing judges and jur­ies as he con­vinced them of his cli­ents’ pos­i­tions. Once after a very long trial, he was the last of dozens of law­yers to present their clos­ing argu­ment, Kennedy began with, “I feel like Zsa Zsa Gabor’s sixth hus­band. I know what I’m sup­posed to do, but I don’t know how to make it inter­est­ing.” ...

• The pub­lic­a­tion “Best Law­yers in Amer­ica” lis­ted him in five cat­egor­ies: Appel­late Prac­tice, Bet the Com­pany Lit­ig­a­tion, Com­mer­cial Lit­ig­a­tion, Insur­ance Law and Mass Tort Lit­ig­a­tion. 
• Raoul was a mem­ber of the by-invit­a­tion-only Amer­ican Col­lege of Trial Law­yers, The Amer­ican Board of Trial Advoc­ates, and was a past Pres­id­ent of the Cali­for­nia Academy of Appel­late Law­yers. In 2005, he was chosen as the Cali­for­nia Trial Law­yer of the year and induc­ted into the Cali­for­nia Trial Law­yers Hall of Fame. He was act­ive in law related activ­it­ies and was a Ninth Cir­cuit Law­yer Rep­res­ent­at­ive, a mem­ber of the Com­mis­sion on Judi­cial Nom­in­ees Eval­u­ation (JNE) and was the co-author of the Cali­for­nia treat­ise, The Expert Wit­ness Guide.

Columns & more

Today's DJ has retired PJ Gilbert's column, February, the shortest month--in praise of the short judicial opinion -- In an age of constant change and technological excess, judicial opinions--and our thinking more broadly--benefit from clarity, restraint and the enduring virtue of brevity.

... and Myron Moskovitz's column What makes a great brief? Part 2: Making the most of what you've got

And Congrats to former H&L associate Christopher Hu who has been appointed the SF superior court. He previously clerked at the 9th Circuit and the Cal Supreme Court. See (also in the DJ) Newsom appoints 10 superior court judges.

3d DCA rule re e-filing & jobs

The 3d District has amended its Local Rule 5 about Electronic Filing. The change seems to be that superior courts need not provide a paper copy of the record to indigent criminal defendants or their counsel. (Rule 5(e)(3).)

The 3d District has also posted openings for an Appellate Court Attorney and Senior Appellate Court Attorney.  For a complete job announcement and application, go to http://www.courts.ca.gov/careers.htm, or call 916-653-8038. Filing deadline is 12:00 PM, March 23, 2026.

Ret. J.Murray wants to "set the record straight"

Today's DJ has Retired Justice Murray wants to set the record straight on his retirement. He also has created a website to present his case. See WilliamMurrayJr.com 

Chief Murguia in OC on 2/18

The FBA OC Chapter presents it's Ninth Circuit Update Luncheon: Fireside Chat with Ninth Circuit Chief Judge Mary H. Murguia on Wednesday, February 18, 2026, 11:30 a.m. - 1 p.m. Avenue of the Arts Hotel
3350 Avenue of the Arts, Costa Mesa (.75 mcle hours). Flyer here.

On February 10, noon to 1, the SDCBA Appellate Practice Section presents An Appealing Life: Are State-Appointed Appeals for You?

Today's SDCBA APS zoom meeting was a discussion with appellate blawgers Prof. Shaun Martin of the California Appellate Report blog and Ben Shatz of SCAN.

And California Appellate Defense Counsel (CADC) has a conference coming on Friday, March 20, and Saturday, March 21, at the South San Francisco Conference Center. The keynote speaker is California Supreme Court Justice Kelli M. Evans. MCLEs focus on criminal defense and dependency appeals, and are intended to provide court-appointed attorneys with education relevant to their work on the statewide panels. (For this reason, CADC membership and conference attendance are not open to those affiliated with prosecutorial or law enforcement agencies). More info here.

SCOTUS hits new low

Law360 has Supreme Court Caseload Hits 160-Year Low, which begins:

Not since the Civil War has the U.S. Supreme Court heard oral arguments in as few cases as it will this term — the latest milestone for the court's shrinking docket, and one attorneys say might have more to do with the high court's culture than its expanding emergency appeals caseload.

• As of Monday, the justices have agreed to hear oral arguments in 64 individual cases this October term.
• This term's caseload is well below the average 75 cases per term the Supreme Court has been reviewing since Chief Justice John Roberts took the helm in 2005, and nine fewer individual cases than last term's docket. It is the smallest set of cases the high court has reviewed in a single term since the October term in 1865, the year the Civil War ended, according to data from Washington University School of Law's Supreme Court Database.
• The Supreme Court has steadily granted review in fewer and fewer cases since the October 1988 term, when Congress passed the Supreme Court Case Selections Act and eliminated the right to appeal state court judgments to the nation's highest court. Since then, the number of individual cases reviewed each term has been up to the discretion of the justices and has dropped from 168 during the 1988 term to 64 this term.

UVA School of Law reports Prominent Appellate Attorney Cate Stetson ’94 Joins Faculty

The latest issue of LA Lawyer (Jan/Feb 2026:1) has Gary Wax's Practice Tips: On The Record: How to Safeguard Cases for Appeal

Trials move fast, so it's no surprise that preserving the record for appeal sometimes slips through the cracks. Gary J. Wax offers practice tips for how to avoid common record preservation mistakes, and how to ensure cases are safeguarded for appeal.



Read More

BHBA program

The BHBA Appellate Law section presents How to Avoid Sinking Your Civil Appeal Before It Sets Sail, a Zoom webinar presented by certified appellate specialist Brendan Begley of Weintraub Tobin, on Feb. 4 at 12:30 to 1:30.

9th Cir. Proposed Rules

The 9th Circuit invites comments on proposed revisions to Circuit Rules: Circuit Rule 28-1 (Briefs, Applicable Rules); Circuit Rule 39-1 (Costs and Attorneys Fees on Appeal); and Circuit Rule 46-5 (Restrictions on Practice by Former Court Employees).

The revisions to Circuit Rule 28-1 would clarify the requirements for letter briefs ordered by the court. The revisions to Circuit Rule 39-1 would clarify the process for transferring a request for attorneys’ fees to the district court or agency.

The revision to Circuit Rule 45-6 would clarify the scope of the rule and when a motion for exemption must be filed by a former court employee.

If ultimately approved by the Court, these rules would become effective no earlier than June 1, 2026. 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 February 23, 2026. 

LA City Attorney Office seeks appellate lawyer

The Office of the Los Angeles City Attorney, one of the nation's largest municipal law offices, has an opening for an appellate lawyer. The selected attorney will be responsible for handling writs and appeals on behalf of the City and its individual employees in federal and state appellate courts, including drafting all briefs and appearing at oral argument. Apply here.

Sotomayor in LA next month

On Feb. 9 at the Bonaventure in DTLA, JABA will be honoring Associate Justice Sonia Sotomayor with a Lifetime Achievement Award.

Speaking of SCOTUS, don't miss this Term's big appellate practice opinion in Coney Island, in which J. Sotomayor filed a concurring opinion. Law360 has Justices Set Time Limit To Ax Judgments, Ending 11-1 Split

Law360 also had John Roberts Welcomes John Roberts To Supreme Court

Law360 has 7th Circ. Cautions Pro Se Litigants To Avoid AI-Induced Errors

1st DCA pro tem update

These following judicial officer is assigned to temporarily fill a judicial vacancy at the First District: Judge Ann Moorman of the Mendocino County Superior Court will be sitting pro tempore in Division Four until February 28, 2026.

Sanctions!

Dan Barer points out that yesterday 4/3 published this opinion imposing $25,000 in sanctions for a frivolous writ petition upon counsel for accusing the trial court of bias and misconduct without evidentiary support. In the introduction, the court writes:

“We publish this opinion as a cautionary tale: Lawyers may not make assertions in court that lack factual support, regardless of how much the lawyer or the client ‘earnestly believes’ them. Lawyers may not impugn the integrity of the very system of justice in which they serve without a solid basis in both fact and law. Dissatisfaction with a ruling, however deeply felt, is not itself evidence of judicial misconduct.”

“Most lawyers show remarkable skill in helping clients understand our professional obligations yet too many mistake the need for zealous advocacy with a ‘the customer is always right’ policy. We remind them that the legal profession runs on facts, law, and justice. The law cannot tolerate unsupported assertions fueled only by desires, especially baseless accusations against our hardworking trial judges.”

So sayeth Justice Nathan R. Scott

For Prof. Martin's take, see here.

Respondents' RT deposits

Superior Court of Los Angeles County Provides Clarification Regarding Respondent Deposits for Copies of Reporter’s Transcripts on Appeal
Court Clarifies Deposit Requirements and Copy Options in Unlimited Civil Cases

The Superior Court of Los Angeles County is providing clarification regarding deposits and copy options for respondents who request a copy of the Reporter’s Transcript on Appeal in unlimited civil cases.

Under the California Rules of Court, appellants who elect to use a reporter’s transcript as the record of oral proceedings must designate the proceedings to be transcribed and deposit the estimated cost of transcription with the Court. The amounts to be deposited are outlined in California Rules of Court, Rule 8.130(b)(1). Alternative options to the deposit are outlined in California Rules of Court, Rule 8.130(b)(3).

Respondents may also designate additional proceedings for inclusion in the reporter’s transcript. When respondents designate additional proceedings, they must deposit funds or utilize an alternative option as outlined in California Rules of Court, Rule 8.130(b)(1) and (3). The amount deposited by the respondent is to cover the reporter’s cost to transcribe the additional proceedings and provide an original for the reviewing court and a copy for the appellant. It does not cover the costs for the respondent to receive a copy of the reporter’s transcript on appeal.

Guidelines for Respondents Requesting Transcript Copies

Respondents requesting a copy of the Reporter’s Transcript on Appeal can place an optional deposit charged at the same rate that is charged when parties designate proceedings that have been previously transcribed, pursuant to California Rules of Court, Rule 8.130(b)(1):
Proceeding previously transcribed: $80 per proceeding that did not exceed three hours, or $160 per proceeding that exceeded three hours.

The optional deposit is to include all the dates designated by the Appellant and Respondent, as the Court can only order and provide a complete copy of the Reporter’s Transcript on Appeal.

Respondents who do not wish to submit the optional deposit for the Court to order and deliver to them a full copy of the Reporter’s Transcript on Appeal, or those seeking copies of select dates or individual proceedings, must reach out directly to the court reporter.

The largest trial court in the nation, the Superior Court of Los Angeles County, serves a population of almost 10 million in 36 courthouses with a jurisdiction covering over 4,000 square miles that includes 88 cities, 140 unincorporated areas and dozens of law enforcement agencies. The Court is steadfast in its mission to serve our community by providing equal access to justice through the fair, timely, and effective resolution of all cases. For more information on the Court’s current programs and services, follow the Court on X (@LASuperiorCourt), Instagram (@LASuperiorCourt), Threads (@LASuperiorCourt ), or visit the Court’s website, www.LACourt.ca.gov.