Alito at Pepperdine last month

Pepperdine Caruso School of Law Hosts US Supreme Court Justice Samuel Alito, Judge Allison Jones Rushing, and Judge Andrew Oldham for Armand Arabian Advocacy Tournament

On Friday, September 25, 2026, Pepperdine University Caruso School of Law hosted the final round of its annual Armand Arabian Advocacy Tournament. The prestigious moot court competition challenges law students to argue complex, hypothetical legal issues before a distinguished panel of jurists. This year’s final round featured US Supreme Court Justice Samuel Alito presiding as chief justice, alongside judge Allison Jones Rushing of the US Court of Appeals for the Fourth Circuit and judge Andrew Oldham of the US Court of Appeals for the Fifth Circuit.

More election justice profiles

The DJ has:

Desautels' rulings weigh deference, responsibility and litigation choices -- Justice Tara Desautels' appellate opinions examine burdens, deference and trial tactics, reflecting an approach shaped by her years as a prosecutor and trial judge as she faces voters Nov. 3.

Justice Zukin helped build state's judicial mentor program, faces first retention vote -- Presiding Justice Helen Zukin of the 2nd District Court of Appeal, Division 4, a former complex-litigation lawyer who helped develop California's judicial mentoring program, faces her first retention vote.

Earl helped steer 3rd District out of years of delays -- Justice Laurie Earl helped lead the 3rd District out of a yearslong case backlog while emphasizing quality over speed, an approach reflected in her rulings as she faces voters Nov. 3.

Mori aims to bring equal-treatment focus to law, judging -- Justice Audra Mori, whose family's wartime internment shaped her views on fairness and equal treatment, has written opinions emphasizing statutory language and legal boundaries as she faces voters Nov. 3.

LASCAD seeks appointed counsel

The Superior Court of Los Angeles County’s Appellate Division is seeking qualified attorneys to represent indigent defendants. Upon Appellate Division approval, appointed attorneys are compensated by the Professional Appointee Court Expenditure (PACE) program at a rate of $100 per hour and are appointed to represent indigent defendants through 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. Email application materials (cover letter, resume, and two recent writing samples) to: Patti Jo McKay, Presiding Judge, Appellate Division, Care of Lynette Brooks at LBrooks@lacourt.ca.gov

Court of Appeal Holds Special Session for Alameda High School Students -- More than 400 Alameda High School students will attend oral argument of the First District Court of Appeal, Division Five.

DJ election profiles

The DJ appellate profile parade continues with:

 Justice Danny Chou, an appellate lawyer at heart, faces first retention vote -- Justice Danny Y. Chou of the 1st District Court of Appeal, a longtime public-law appellate lawyer who helped win marriage equality and a lead paint judgment against manufacturers, faces his first retention vote.

Appellate work has run through Chou's career. "One of the things I really do enjoy is research and writing," he told the Daily Journal in 2019, "to the extent that I've looked for work that includes that as a component." After Harvard Law School, he clerked for a federal judge, practiced privately and worked at the 9th U.S. Circuit Court of Appeals before spending seven years at the California Supreme Court, where he became a supervising staff attorney. In 2006, he became chief of appellate litigation at the San Francisco City Attorney's Office and helped establish the right of same-sex couples to marry in California in state and federal court.

Hoffstadt brings questioning style to role leading Division 5 -- Presiding Justice Brian M. Hoffstadt of the 2nd District Court of Appeal, Division 5, known for questioning lawyers early and often, asks voters to keep him on the bench.

1st District Presiding Justice Tracie Brown seeks 12-year term -- Presiding Justice Tracie L. Brown of the 1st District Court of Appeal, a former federal prosecutor who wrote the opinion largely upholding Proposition 22, seeks a full 12-year term.

Presiding Justice Stewart prizes consensus as murder law shifts -- Stewart, who argued San Francisco's marriage-equality cases before joining the bench, has written a series of opinions reversing denials of resentencing as California narrowed murder liability.

Former prosecutor, family law judge seeks full 12-year appellate term -- Justice Gregory J. Weingart, a former federal prosecutor, Munger Tolles partner and family law judge, brings a varied background to cases ranging from billion-dollar damages to domestic violence as he faces his first retention vote.

Former teacher's rulings range from school safety to dependency law -- Justice Victor G. Viramontes of the 2nd District Court of Appeal, a former civil rights litigator and sixth-grade teacher, faces his first retention vote.

tidbits

Law.com has Judge Newman Gets Suspension Fight Transferred To 11th Circ. -- The chief justice has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

And see: Year in Review: California Supreme Court 2025-2026 -- Highlights and key statistics from the 2025–2026 court year

Today's DJ has the monthly Exceptionally Appealing column, titled From the Mailbag.

2d Dist. COJA hearings on Oct. 9

Commission to Consider Appointments to the 2nd District Court of Appeal

The Commission on Judicial Appointments will hold public remote hearings on Friday, October 9, 2026, beginning at 9:30 a.m. to consider two appointments to the Second District Court of Appeal by Governor Gavin Newsom.

The following is the morning schedule:

9:30 a.m.: Judge Alexander Giza, as associate justice of the Second Appellate District, Division Three (Los Angeles)

10:30 a.m.: Judge Cindy Pánuco, as associate justice of the Second Appellate District, Division Three (Los Angeles)

Additional information about the appointments is available on the California Courts Newsroom webpage: Commission to Consider Appointments to Courts of Appeal | California Courts Newsroom

The hearing webcasts will be streamed live via the Upcoming Events link on the California Courts Newsroom.

Monthly DJ columns

The DJ has retired PJ Gilbert's column: Beware! -- The growing use of artificial intelligence in law and the courts risks replacing essential human judgment and interaction, while California's appellate retention process offers voters a chance to evaluate the justices entrusted with that responsibility.

The DJ also has Myron Moskovitz's column: Working, Part 6: Completing the brief --How technology and a multi-stage drafting and review process have made appellate brief writing more efficient, thorough and effective.

Big Law appellate moves continue apace. See Law.com's S&C Turns to Perkins, McGuireWoods to Restock Appellate Litigation Practice; Bloomberg Law's Sullivan & Cromwell Nabs Ashurst, McGuireWoods Appellate Chairs

And in case you missed it from Sept. 18 see Law360's Why Top BigLaw Appellate Lawyers Are Switching Firms

Happy First Monday!

It's the First Monday in October and so SCOTUS begins its new term.
The DJ has Supreme Court returns to 9th Circuit as new term opens -- The justices have already agreed to hear six appeals from the 9th Circuit, nearly matching last term's total, as major disputes over firearms, ERISA and Apple's battle with Epic Games reach the high court.

There's also a lot of Alito press out right now: E.g., The Washington Times has Alito says he knows who leaked Supreme Court draft opinion overturning Roe v. Wade -- "Justice Alito, 76, made the Sunday talk show rounds ahead of the release of his new book, “So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country” (Basic Liberty), which will be released Tuesday. Amid reports that he is weighing retirement, he said he considers doing so each year but has no immediate plans to step aside."

Law360 has Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

More justice profiles (for 2026 election)

The DJ's latest tranche of justice profiles are:

• He napped on a courthouse bench. Now he's asking voters to keep him on one -- Justice Victor A. Rodríguez of the 1st District Court of Appeal, who spent his career in public service and ran Alameda County's first dedicated domestic violence courtroom, faces voters for a full 12-year term.
• New Division 3 presiding justice faces voters with record of rulings that cut both ways -- A former dependency judge who put off applying to the appellate bench to gain trial experience, Justice Rashida Adams now leads an appellate court division.
• Petrou's PG&E defamation ruling heads to high court as she faces voters -- Justice Ioana Petrou, whose ruling wiping out a $2.16 million verdict against PG&E is before the state Supreme Court, faces her second retention vote Nov. 3.

1st DCA pro tem update

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

• Judge Alexandra Robert Gordon, of San Francisco Superior Court, will be sitting pro tempore in Division Four until November 30, 2026.
• Judge Andrew E. Sweet, of Marin County Superior Court, will be sitting pro tempore in Division Two until December 4, 2026.

2d DCA pro tem update

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

• Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through November 22, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through October 31, 2026
• Judge Jessica Delgado of the Santa Clara County Superior Court will be sitting Pro Tem in Division Three through November 30, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through October 18, 2026

Justice profiles for election

 The DJ continues to post pre-election profiles of justices on the November ballot:

• Burns' rulings trace boundaries of fairness in government proceedings
• Kim rulings weigh what public agencies owe employees, litigants, ratepayers
• Justice's dissents question results he says law cannot support -- Justice Kenneth R. Yegan, on the appellate bench since 1990, brings a direct writing style to disputes over criminal law, statutory interpretation and government authority as he seeks retention Nov. 3.
• Banke's rulings emphasize substance over labels as she seeks new term
• Richardson rulings explore who may turn to California courts and how

Fed. Cir. to SCOTUS clerk count = 1

Which federal circuit has sent only one clerk to SCOTUS? See Law.com's Short Shrift? Supreme Court Clerk Hiring Mostly Skips This Appeals Court -- Since its creation in 1982, the Federal Circuit has sent just one of its former clerks on to the Supreme Court. It took an extraordinary resume and years of effort to break the mold. A personal connection to the justice didn’t hurt either.

Ruthanne Deutsch didn’t plan on being a lawyer. In the early 2000s, she was living the life of a busy international development economist at the Inter-American Development Bank, traveling abroad regularly and negotiating with foreign governments.

The DJ's Top 100 Lawyers 2026 insert is out and it includes many of the usual appellate suspects: Ted Boutrous, Theane Evangelis, Mira Hashmall, Peter Stris, and John Taylor. 

 

DJ appellate elections profiles

The DJ is running short profiles of the appellate justices on the Nov. 3 ballot. To start off the special 2026 Judicial Elections coverage, it has (on print page 2):

Election 2026: Longest-serving 1st District justice seeks new 12-year term -- Justice Mark B. Simons, the 1st District's longest-serving member, seeks a new 12-year term after recent rulings show his focus on statutory text cutting across parties and outcomes.

Election 2026: Wiley brings writer's approach to work on appellate bench -- Justice John Shepard Wiley Jr.'s appellate opinions reflect his emphasis on clear judicial writing, practical consequences and the development of law as he faces voters Nov. 3 for retention.

Gelmis joins CALG

  

Susan Gelmis joined The Complex Appellate Litigation Group as a counsel in San Francisco.
Gelmis brings nearly four decades of experience from the 9th U.S. Circuit Court of Appeals, where she served on the court's central staff and worked closely with nearly every 9th Circuit judge, culminating with a decade of service as the Circuit's chief deputy clerk for operations. She also helped create the 9th Circuit's Pro Bono Program, a nationally recognized initiative that has served as a model for appellate pro bono programs across the nation. Gelmis is also a contributor and editor to the Rutter Guide's treatise on 9th Circuit Practice. The Complex Appellate Litigation Group has 28 attorneys in 5 offices including San Francisco, Los Angeles, San Diego, Orange County.

Vote to confirm our Justices!

In the upcoming election (Nov. 3, 2026), sixty-two California Court of Appeal Justices statewide will be on the ballot for retention elections as will two Supreme Court Justices (Groban and Evans). (See Ballotpedia's CA Intermediate appellate court elections 2026 page.)

Because the public (and some members of the bar) are unfamiliar with appellate retention elections, please share the following basic information and recommendation to vote yes to retain:

• The California system for selecting justices (Supreme Court and Court of Appeal) is different than the federal system. CA justices are thoroughly vetted prior to appointment (by JNE), to ensure competency and a demonstrated willingness to abide by the rule of law. Confirmation hearings for CA justices are not partisan—hearings are the same whether the Governor who nominates is a Democrat or a Republican. The hearings are about assessing competence. Unlike federal judges, CA justices stand for a retention election every 12 years. The only question is: Should this justice be retained?

• Uncontested retention elections and 12-year terms are meant to strike a balance between judicial independence—allowing justices to do their work free of popular sentiment or political partisanship— and accountability to Californians. Accordingly, voters should vote “yes” unless they believe a particular justice has demonstrated unfitness to continue serving.

• This year, 16 Second District Court of Appeal Justices are up for retention election: Michelle Kim, Gregory Weingart, Anne Richardson, Mark Hanasono, Rashida Adams, Helen Zukin, Audra Mori, Armen Tamzarian, Brian Hoffstadt, Ken Yegan, Tari Cody, Gonzalo Martinez, Natalie Stone, John Shepard Wiley Jr., Matthew Scherb, and Victor Viramontes. The Second District Court of Appeal is divided into eight divisions, of which seven hear appeals from the Los Angeles Superior Court and one hears appeals from superior courts in Ventura, Santa Barbara and San Luis Obispo counties.

The justices up for retention in this election cycle all have a demonstrated record of fitness and competence for their positions and none have had disciplinary issues with the Commission on Judicial Performance. Accordingly, SCAN urges all voters to vote “yes” to enable them to continue serving the people of California. Spread the word.

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.

Federal news

Law360 has AI Flubs, More Secure PACER Get Judiciary Forum Spotlight

Law360 also has Newman Saga Prompts Bill To Limit Judicial Suspensions -- The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

Also, check out the FBA/OC Summer 2026 Newsletter, which has several items of Ninth Circuit interest: Pro Bono Corner - Preparing for My First Ninth Circuit Oral Argument; Fireside chat with Chief Judge Murguia; and Appellate Backstage Pass (about sitting by designation at the Circuit).

RIP Justice Kennard (1941-2026)

The Daily Journal has Joyce L. Kennard, 1941 - 2026 -- Retired justice, who rose from childhood poverty and wartime internment to become the first Asian American on California's highest court, was known during her 25-year tenure for her independence, persistent questioning and willingness to dissent.

New Justices!

 

First District Court of Appeal, Division Two

 

 

Brian Goldman, of Alameda County, has been nominated to serve as an Associate Justice in the First District Court of Appeal, Division Two. Goldman has served at the Office of Governor Gavin Newsom as Chief Deputy Legal Affairs Secretary since 2023 and as Deputy Legal Affairs Secretary from 2021 to 2023. He worked at Orrick Herrington & Sutcliffe as a Partner from 2018 to 2021 and as an Associate from 2013 to 2018. Goldman served as a Law Clerk at the U.S. Supreme Court from 2012 to 2013. He served as a Trial Attorney in the U.S. Department of Justice from 2011 to 2012. Goldman served as a Law Clerk at the Ninth Circuit Court of Appeals from 2010 to 2011. Goldman received a Juris Doctor degree from Stanford Law School. He will fill the vacancy to be created by the retirement of Justice Marla J. Miller, effective October 2, 2026. 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 Jim Humes. Goldman is a Democrat.

 

First District Court of Appeal, Division Four

 

 

Adam Hofmann, of Sacramento County, has been nominated to serve as an Associate Justice in the First District Court of Appeal, Division Four. Hofmann has served as the Deputy Judicial Appointments Secretary at the Office of Governor Gavin Newsom since 2023. He held multiple roles at Hanson Bridgett LLP including as Partner, Senior Counsel, and Associate from 2006 to 2023. Hofmann worked as an Adjunct Professor at the University of San Francisco School of Law from 2012 to 2018. He worked as an Associate at Kaufman & Logan LLP from 2005 to 2006. Hofmann received a Juris Doctor degree from the University of San Francisco School of Law. He fills the vacancy created by the elevation of Justice Tracie Brown to Presiding Justice. 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 Jim Humes. Hofmann is registered without party preference.

 

Second District Court of Appeal, Division Three

 

 

Alexander Giza, of Los Angeles County, has been nominated to serve as an Associate Justice in the Second District Court of Appeal, Division Three. Giza has served as a Judge in the Los Angeles County Superior Court since 2019. He worked as a Partner at Hueston Hennigan from 2015 to 2018. Giza worked as a Partner at Russ August & Kabat from 2009 to 2014. He worked as an Associate at Irell & Manella from 2001 to 2009. Giza received a Juris Doctor degree from the University of California, Los Angeles School of Law. He will fill the vacancy created by the retirement of Justice Anne H. Egerton, effective October 11, 2026. 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 Francis Rothschild. Giza is a Democrat.

 

 

Cindy Pánuco, of Los Angeles County, has been nominated to serve as an Associate Justice in the Second District Court of Appeal, Division Three. Pánuco has served as a Judge in the Los Angeles County Superior Court since 2024. She worked as Of Counsel at Perez & Perez from 2023 to 2024. Pánuco worked in multiple roles at the Los Angeles Public Counsel including as Vice President and Chief Programs Officer from 2020 to 2023 and as the Directing Attorney of the Consumer Rights and Economic Justice Project from 2019 to 2020. She worked at Hadsell Stormer & Renick LLP as a Partner from 2016 to 2019 and as an Associate from 2009 to 2016. Pánuco received a Juris Doctor degree from Loyola Law School. She fills the vacancy created by the elevation of Justice Rashida Adams to Presiding Justice. 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 Francis Rothschild. Pánuco is a Democrat.

 

Fourth District Court of Appeal, Division Three

 

 

Maria Daghlian Hernandez, of Orange County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division Three. She has served as a Judge in the Orange County Superior Court since 2009. She served as a Commissioner at the Orange County Superior Court from 2006 to 2009. Daghlian Hernandez served as a Senior Deputy Public Defender at the Orange County Public Defender’s Office from 1995 to 2006. She worked as an Associate at the Law Offices of Patrick D. McNeal from 1992 to 1995. Daghlian Hernandez received a Juris Doctor degree from Western State College of Law. She will fill the vacancy created by the retirement of Justice Maurice Sanchez, effective October 2, 2026. 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 Manuel Ramirez. Daghlian Hernandez is a Democrat. The compensation for each of these positions is $280,052.