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.

3d Dist. Mediator Training

The Court of Appeal, Third Appellate District, is pleased to announce that it is again recruiting attorneys and retired judges to join its mediator panel. Attorneys and retired judges throughout the 23 counties served by the Third District Court of Appeal are encouraged to apply. The appellate mediator training course is limited to 24 participants and provided at no cost to the participants. The mediator training will be conducted at the Judicial Council of California located at 2850 Gateway Oaks Drive, Sacramento, CA 95833.

In consideration for providing the training, the Appellate Mediation Program mediators must agree to accept up to four mediation referrals. The first four hours of all mediations referred by the Court are to be offered pro bono; any mediation time exceeding four hours may, with agreement of the parties, be charged at the mediator’s hourly rate, paid by the parties. Session One: May 28, 2026 (12:30 p.m.-5:00 p.m.); May 29, 2026 (8:30 a.m.-5:00 p.m.); Session Two: June 3 (8:30 a.m.-5:00 p.m.) and June 4 & 5, 2026 (8:30 a.m.-5:00 p.m.)

View here for further information about the announcement.

The application to join the mediator training can be found on the Court's Mediation Program page.

AI in SCOTUS practice

Law.com/NLJ  has 'The Technology Is There': Supreme Court Practitioners Quietly Embracing AI

In interviews with the National Law Journal, prominent Supreme Court advocates reported using generative AI tools in their day-to-day legal practice, including everything from basic legal research to drafting portions of briefs, such as introductions, argument summaries and even questions presented. ....

Some high court advocates say there is still something of a "stigma" about using AI, largely driven by headlines of attorneys submitting court filings with AI-hallucinated case citations. Indeed, one researcher, Damien Charlotin, has put together a running database documenting more than 800 instances of AI hallucinations in court proceedings around the world.

And don't miss Bloomberg Law's Tennessee Man Pleads Guilty to Hacking Supreme Court System:

Moore admitted that he accessed the Supreme Court’s online filing system on 25 days in a roughly two-month span, from August to October 2023, by using the stolen credentials of an authorized user .... 
The charges follow separate attacks on the judiciary’s electronic filing system. The federal judiciary revealed last year that the federal courts’ case management system, which is separate from the Supreme Court’s, had suffered a cyberattack.
The attack exploited vulnerabilities targeted in an earlier breach in 2020. Russian government hackers lurked for years in the judiciary’s records system.
The breach prompted federal trial courts to take new measures to restrict electronic access to sealed documents.

Silber to Dykema

Former AUSA Erik Silber joins Dykema's Los Angeles office. He is now a Senior Counsel in Dykema's Commercial Litigation Practice Group, the firm’s White Collar and Government Investigations group, and its Appellate and Critical Motions Practice. 

Former Assistant U.S. Attorney/Chief of Post Conviction and Special Litigation Section Erik M. Silber Joins Dykema in Los Angeles dykema.com

"He has supervised, edited, and filed hundreds of other appellate briefs and participated in hundreds of moot courts to prepare colleagues for argument. Erik has also tried six federal cases as a lead or solo counsel and directly supervised more than 40 federal trials as a supervisor of new AUSAs (Acting Chief and Deputy Chief of the General Crimes Section), providing insight and guidance on all aspects of the trial, including potential appellate issues. He served as an adjunct professor of criminal procedure at USC Gould School of Law and as a guest lecturer for white collar crime and appellate advocacy at Loyola Law School."

JAMS wins 3d Dist. RFP for mediation training

Last year the 3d District had put out an RFP for "the services of a person or entity with expertise in training mediators to conduct fundamental appellate mediation training sessions for no more than 24 applicants to the Court’s mediation panel."  Well, the winner is ... JAMS Pathways.

Is that a gun in your pocket, your honor?

The Wall St. Journal has Help Federal Judges Protect Themselves, by Judge Elizabeth Branch (11th Cir.) and Robert Wilkins (D.C. Cir.), in which they write:

we support the Protect Our Prosecutors and Judges Act, introduced by Sen. Tom Cotton of Arkansas. The bill would allow federal judges and prosecutors who have completed law-enforcement firearms training in their home jurisdiction to carry concealed guns across state lines.

Blue Bible now a paperback!

 

The 2026 edition of the Blue Bible (aka The Rutter Guide on Civil Appeals & Writs) is out, and guess what? Say goodbye to the old three-ring binders and say hello to brand new paperback volumes.

Yes, you may miss the tabs, but you won't miss updating the pages into the binders. And the paperbacks take up less shelf space (in height and width).

Scuttlebutt is that all the other Rutter guides had already gone to paperback and that the appellate one was the last to make this conversion.