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."

2d Dist bids Farewell to Edmon & Collins

Second Appellate District Bids Farewell to Presiding Justice Lee Edmon and Associate Justice Audrey Collins

The Second Appellate District marks the retirement of two long-serving colleagues, Presiding Justice Lee Smalley Edmon of Division Three and Associate Justice Audrey B. Collins of Division Four, both effective at the end of June 2026. Together, their nearly two decades on this court reflect a shared commitment to public service that shaped not just their divisions, but the district as a whole. The court extends its deepest gratitude for their years of dedicated service.

Appellate round-up

The NLJ has Lucrative Book Deals, Concert Tickets, Classes in Prague: What We Learned from Justices' Financial Disclosures -- U.S. Supreme Court justices traveled far, received noteworthy gifts and made substantial sums from book publishers in 2025, according to their latest financial disclosure forms released by the judiciary.

Law360 has Justices' Concurrences Foretell Fault Line On Appeal Waivers and 
After Tense Terms, Hints Of High Court Harmony With Circuits and 
The Funniest Moments Of The Supreme Court's Term

Bloomberg Law has Detecting ChatGPT in Legal Documents Is Easier Than You Think

And today's DJ has Cite Out at the Big Nerd Corral (i.e., the Bluebook v. the Yellowbook). Yesterday's DJ had retired PJ Gilbert's column I Lied (where he continues discussing AI) and Myron Moskovitz's column Working, Part 2: Reviewing the Record.

The MetNews has C.A. Sanctions, Then Forgives, Pro Per for Phony Citations -- Opinion Recites That Self-Represented Parties Get No Special Treatment but Does Not Explain Lack of Penalty

And see Ninth Circuit Judge M. Margaret McKeown Joins Courts and Legal Community at Justice 250 Event

AI sanctions case against pro per

Today's AI sanctions case is from 4/2 in this unpub:

we find that Patterson has failed to show cause why she should not be sanctioned for relying on fabricated legal authority in her opening brief. Patterson “unreasonably violated rule 8.204(a)(1)(B) ‘by not support[ing] each point with citations to real (as opposed to fabricated) legal authority.’” (Schlichter, supra, 116 Cal.App.5th at p. 33; rule 8.276(a)(4).) We impose but suspend sanctions in the amount of $500.

Standard of Review article / SCOTUS stuff

The July/August issue of LA Lawyer magazine has H&L's Melissa Whalen and Sarah Fiskin's Barristers Tips article Navigating Standards of Review as a Roadmap to Appellate Success

On the SCOTUS side of things, check out: Politico's The Supreme Court Is Building Its Own Massive Police Force -- The Supreme Court is spending millions to beef up security. At what cost?

It’s often said that the Supreme Court has no army. Yet, with little fanfare, the size of the Supreme Court’s police force has begun mushrooming. For years, the force sat at fewer than 200 officers, but now officials are aiming to more than double the ranks of the agents and officers who protect the justices and the Supreme Court’s building.

And Bloomberg Law has posted an hour-long interview: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Law360 has Breaking Down The Vote: The High Court Term In Review

Oral arguments tended to last just about as long this term as they've stretched in recent terms.
This term saw the average oral argument go for an hour and 29 minutes, compared to an average of an hour and 23 minutes last term and an hour and 27 minutes the term before that. Eight of this term's individual arguments stretched for over two hours.

5th DCA credit card fee

Service Fee for Credit Card Transactions

Effective August 3, 2026, a 2.3% service fee will apply to all credit card transactions in the Fifth District Court of Appeal.

SCOTUS AP reporter Sherman retires

AP’s long-time Supreme Court reporter Mark Sherman reflects on front row seat to legal history -- Mark Sherman covered the Supreme Court for The Associated Press for 20 years during some of the most momentous decisions in history. He retired on Tuesday, the last day of the court term, and reflects on his experience. He has witnessed how by both happenstance and design the court has moved to the ideological right.

Cal Supreme Court video on 250

California Supreme Court Justices Mark America's 250th Anniversary

On the 250th anniversary of the Declaration of Independence, justices of the California Supreme Court reflect on the importance of justice and the rule of law as embodied in the United States and California constitutions.
"All California courts are committed to safeguarding the structure and the fundamental principles which form the basis for our government and the promise of this country," said Chief Justice Patricia Guerrero.
The Declaration of Independence closes with the signers mutually pledging their lives, their fortunes, and their sacred honor to one another: "In the same type of spirit, the people of this state play an important role in the mutual pledge that we have as it affects the courts, whether it's through jury service, civic education, or other forms of civic engagement," Chief Justice Guerrero said. "And the courts for our part across our state stand ready to uphold our commitment to ensuring that everyone is treated with fairness and equality under the law."

Watch the 5-minute video to hear justices of the California Supreme Court share their reflections on the 250th anniversary of the Declaration of Independence.

AJEI Nov. conference registration now open / BASF View

“250 Years Later: The Courts Continue the Conversation; Commemorating America’s 250th Anniversary with the Nation’s Appellate Judiciary.” Registration is now open for the 2026 Appellate Judges Education Institute Summit, which is taking place in Philadelphia (November 12-15).

Also in November: Bar Association of San Francisco is holding its bi-annual View from the Appellate Bench on November 5, 2026: six hours of appellate law specialization MCLE credit (including one hour of ethics) featuring justices from the 1st DCA and California Supreme Court justice Marvin Jenkins. There’s also a wine and cheese reception.

2d Dist. pro tem update

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

• Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through August 31, 2026
• Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through July 24, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through August 14, 2026
• Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through July 22, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through August 19, 2026
• Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through July 31, 2026

Also, 2/3's PJ Edmon and 2/4's Justice Collins have "left the building" (i.e., are now off the website of active justices on the website for former justices).

DJ's Top L&E Lawyers

Today's DJ has the annual Top Labor & Employment Lawyers 2026 insert and it includes a few appellate lawyers in that space, e.g., Glenn Danas, Norm Pine, Felix Shafir, and Scott Tillet.

J.Alito not retiring

NPR Mistakenly Reports Justice Alito Is Retiring from Supreme Court: ‘Published in Error’

The DJ has a special insert, America at 250, which has From obscurity to omnipotence, the evolution of the Supreme Court's long rise to power

The insert also has a series of pieces called Voices of the Judiciary, featuring appellate justices (sitting and retired): Dhanidina, Duarte, Jackson, Mesiwala, and O'Leary.

3d DCA pro tem update

In the 3d District, Associate Justice Rebecca A. Wiseman, retired, will be sitting in pro tempore beginning July 15, 2023, through August 14, 2026.

$COTUS royalites

Bloomberg Law has Supreme Court Justices Report $2.4 Million in Book Income

Four Supreme Court justices reported a combined income of roughly $2.4 million from recently authored books, further demonstrating how lucrative the publishing world is for members of the court. ....

Associate justices receive an annual salary of $306,600. The chief justice is paid a salary of $320,700.

Law360 has Justice Jackson Tops High Court Book Earnings In 2025

U.S. Supreme Court Justice Ketanji Brown Jackson made nearly $1.2 million in book royalties last year, bringing her total to $4.14 million and making her the most highly compensated author on the high court, according to financial disclosure forms released Monday.

No AI sanctions?

Law360 has Scientologists Want 'Ignored' Boies Schiller AI Errors Review

The Church of Scientology has asked the California Supreme Court to review an appellate order that didn't impose sanctions on Boies Schiller Flexner LLP for filing a brief containing artificial intelligence-generated citation errors in a harassment and retaliation suit pending against the church.

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.

4/3 research atty appointed to OCSC

Thomas Fay, of Orange County, has been appointed to serve as a Judge in the Orange County Superior Court. Fay has served as a Lead Appellate Attorney at the Fourth District Court of Appeal, Division Three since 2023, where he also served as a Senior Appellate Attorney from 2020 to 2023. He worked as an Associate at multiple firms including at Murtaugh Treglia Stern & Deily from 2014 to 2020 and at Ezer Williamson Law from 2013 to 2014. Fay received a Juris Doctor degree from the University of California College of the Law, San Francisco. Effective June 29, 2026, he will fill the vacancy created by the retirement of Judge Michael J. Strickroth. Fay is a Democrat.

Can you spot the retired Justices in this video?

More Than 100 Retired California Judges Create “Wall of Justice” to Defend the Rule of Law & An Independent Judiciary -- Watch the video from the Retired Judges Initiative (RJI) to hear familiar voices remind all of us why "judicial independence is not a privilege — it is the foundation of justice itself."

The DJ has More than 100 retired California judges form 'wall of justice' to defend an independent judiciary -- More than 100 retired California judges have released a video tribute defending judicial independence, timed to the 250th anniversary of the Declaration of Independence.

RIP J. Marchiano (1943-2026)

The Honorable James J. Marchiano, passed away June 2. He spent 25 years on the bench - first on the Contra Costa Superior Court (1988–1998), then as Presiding Justice of the California Court of Appeal, First District, Division One (1998–2013). Interview here.

RIP J.Irion (1953-2026)

Associate Justice Joan K. Irion of the Fourth District Court of Appeal, Division One passed away on Saturday, June 20, 2026. Please visit the California Courts Newsroom for the full article.

The DJ has Justice Joan K. Irion, 1953 - 2026 -- Beyond her written opinions and courtroom work, Irion became one of California's most active judicial educators and ambassadors for civic engagement.