Judge Arthur Alarcon, RIP

[2/2 Update: See the Recorder's Ninth Circuit's Arthur Alarcón, 89, Was at Center of Death Penalty Scrum and in the DJ Arthur Alarcón 1925-2015]

Court of Appeals Mourns Passing ofSenior Circuit Judge Arthur L. Alarcón
And the MetNews has Ninth Circuit Senior Judge Arthur L. Alarcon Dies at 89

Funeral services will be held Friday, February 6, 2015, at 9:30 a.m. at Cathedral of Our Lady of the Angels, 555 West Temple Street, Los Angeles.
Arrangements are being made for burial in Arlington National Cemetery in Arlington, Virginia.
In lieu of flowers, the family suggests making donations in memory of Judge Alarcón to two veteran support organizations:

• Wounded Warrior Project: To make a one-time gift in the judge's honor, please call 1-855-448-3997, or donate online by going to “donate now” link on website http://www.woundedwarriorproject.org/, or mail to: Wounded Warrior Project In Honor of Hon. Arthur L. Alarcón P.O. Box 758517 Topeka, Kansas 66675
• LACBA Veterans Assistance Project: Contribution Link: http://weblink.donorperfect.com/VA LACBA Counsel for Justice Attn: Ann Marie Bedtke 1055 W. 7th Street, Suite 2700 Los Angeles, CA 90017 Email: counselforjustice@lacba.org Phone: 213-627-2727

Pure Paul Turner: Open, tough, courageous!

Yesterday, 2/5's PJ Paul Turner sent the following email, for which he "waives his HIPPA rights" (his words, of course), and shares with the appellate community:

As many of you know, I have been attempting to secure a liver transplant as a possible cure for the recurring liver cancer I have been experiencing for the past two years. Such a drastic surgery is fraught with substantial risks that I need not detail here. But it was the best option I have.

I am returning this afternoon from Indiana University Hospital in Indianapolis where I was undergoing an evaluation for a liver transplant. I am currently on transplant lists in Milwaukee at Froedtert Hospital and at U.C.L.A.

The bottom line though is that due to a spread of the cancer to two lymph nodes, I cannot now get a transplant anywhere due to federal Department of Health and Human Services transplant regulations. And believe me, it would be a bad idea on the merits; a really bad idea.  My U.C.L.A. doctors and I are today proceeding to start Plan B to attack the cancer.

Over the past years, so many of you have been kind with your offers of prayers, thoughts, and best and/or good wishes. The kind gestures of care and encouragement evidenced by smiles, thumbs ups, damp eyes (yes, our eyes give us away sometimes), hugs, pats on the back, touching cards or notes, thoughtful e-mails and the like are the things of life for which there are no words.

Three Things.   First, I look forward to service on our court as long as I can do so in compliance with the legitimate productivity expectations of the good people we serve. With good fortune and the unrelenting fervor of my doctors, that can be many, many years--we will see. Second, feel free to send this e-mail to those who may be interested outside of our court.

Third, there is no reason to e-mail me back right now. I am working full time and will be around and we can talk.  Also, when people start e-mailing back, they mistakenly click on "Return All" and it ends up going all over the court and we spend the day deleting everybody else's e-mails, the e-mail system slows down and I get chewed out by the court administrator.

New trial calendaring help (& 2 Moore)

Does "service of notice of entry of judgment by the party moving for new trial trigger the statutes' jurisdictional deadlines?" 2/3's Justice Kitching in today's published opinion here teaches that the answer is "no."


Meanwhile, the 2015 competition for the best opening to an opinion (here?) is heating up, with this entry from 4/3 in this case -- and it's not Justice Beds:

You cross continents and spend years trying to collect a judgment for your client. Late one Friday afternoon, the debtor‟s lawyer walks into your office and hands you a cashier‟s check for almost $13 million, covering the entire judgment and all accumulated interest. Do you accept the check or say, “No thank you, I need to make a motion for attorney fees first?” Put another way, is a bird in the hand worth two in the bush?

And then there's this one here from the 3d today:

This case goes to show that sometimes life can be like an essay question on a law school exam.

[1/29 update: For Beds in action, great opening and all, see here.]

Finally, in the category of "there must be 50 ways to lose an appeal," how about a good ol' disentitlement doctrine ("An appellate court has the inherent power, under the ‘disentitlement
doctrine,’ to dismiss an appeal by a party that refuses to comply with a lower court order.") case here (again from Justice Moore):

Gloria’s conduct since the judgment has frustrated the attempts of the court to legitimately effect its own orders. She has missed court dates, failed to keep her own promises, lacked candor in her communications with the court, and ignored the court’s orders. She cannot therefore now seek relief from the appellate court. The disentitlement doctrine applies.

[1/29 update: Note another 4/3 disentitlement doctrine dismissal today here.]

DJ profiles 9th Cir.'s Paul Watford

"Known for his independence, Paul Watford is considered a contender for a U.S. Supreme Court seat." That's the title of today's DJ profile of Judge Watford, appointed to the 9th in 2012. "Jeffrey Toobin placed Watford, 47, on what he called the Supreme Court Farm Team, a step behind the candidate Toobin identified as the frontrunner, Sri Srinivasan of the D.C. Circuit." Thus, speculation that "Watford could be in line to replace his former boss and the court's oldest justice, Ginsburg, 81 ..." Born in Garden Grove, Watford got his J.D. at UCLA and then clerked for Judge Kozinski (three other Kozinski clerks are judges on federal circuits).

The profile notes that he has refused to be interviewed since taking the bench, "a move potentially designed to deny ammunition to opponents in any future rough-and-tumble high court confirmation process." Really? Regardless of refusing press interviews, Judge Watford has not cloistered himself, but has generously participated in various bar events.

Judge Watford judging a moot court competition in 2013
with Alex Kozinski and 7th Cir. Judge Diane Wood.

5th Dist. civil e-filing starts Feb. 17

Mandatory e-Filing at Fifth Appellate District begins with civil filings in February
Allows for 24 hour filing; self-represented litigants exempt; criminal and juvenile matters to follow later

FRESNO—Administrative Presiding Justice Brad Hill today announced that the Court of Appeal, Fifth Appellate District will implement mandatory e-Filing of all civil filings, including original proceedings, through TrueFiling, beginning February 17, 2015. “We are pleased to be the second Court of Appeal in the state to implement an e-Filing system that will benefit the public, attorneys, and the court by providing a more efficient, convenient, and technologically advanced process for filing and managing cases,” said Administrative Presiding Justice Hill. “The court appreciates the cooperation and assistance demonstrated by the local bar associations in preparing for this major enhancement in service to the litigants and legal professionals in the counties we all serve.” Pre-registration for e-Filing in civil proceedings on TrueFiling will open on February 10, 2015, in preparation for the mandatory e-Filing commencement date of Tuesday, February 17, 2015. The process is being implemented under California Rule of Court 8.70, with exemptions under Rule 8. Electronic Filing of the Local Rules of the Court of Appeal Fifth Appellate District. It is currently planned to add e-Filing for criminal and juvenile matters in mid-March. “The Clerk’s office is looking forward to e-Filing and the positive changes it brings for everyone involved, and we also felt that it was important for equal access that there be an exemption process to the Rule, especially for self-represented litigants” said Fifth District Clerk / Administrator Charlene Ynson. “e-Filing is the next vital step toward continuing to meet the court’s goals of providing more effective public access to the court, increasing our efficiency, and ultimately modernizing the court operations.”

The 10 justice Court of Appeal, Fifth Appellate District in Fresno has jurisdiction over cases originating in the following counties: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne.

Bedsworth's Third Law of Practice Dynamics

In Only a Fool Has an Attorney for a Client Justice Beds shares his third law:

Bedsworth's Third Law of Practice Dynamics: Represent robbers or murderers, bulls or bears, congressmen or kitten-drowners, but do not, under any circumstances, represent attorneys.

And on the topic of articles by Justices, Presiding Justice Luis Gonzalez (NYAD 1st Dept.) has Celebrating the Legacy of the Magna Carta -- in today's New York Law Journal.

Looking for a reason to visit St. Louis in March?

National Appellate Advocacy Competition Seeks Judges for St. Louis Competition on March 5-7, 2015

The ABA Law Student Division seeks 120 lawyers and judges to serve as oral argument judges for the Division’s regional National Appellate Advocacy Competition (NAAC) in St. Louis on March 5-7, 2015 at the St. Louis Municipal Court Department.

The rounds are scheduled as follows:
Round 1: Thursday, March 5 (3:30pm-7:45pm)
Round 2: Friday, March 6 (3:30pm-7:45pm)
Round 3: Saturday, March 7 (8:30am-12:45pm)
Round 4: Saturday, March 7 (1:00pm-3:30pm)
Round 5: Saturday, March 7 (3:30pm-6:00pm)


Register Here
CLE CREDIT INFORMATION
The ABA Law Student Division National Appellate Advocacy Competition will apply for CLE credit in Illinois, California, and New York for all regional locations and the state of Missouri.
The ABA Law Student Division will send an email confirming judging assignments and provide a bench memorandum, the problem (record), and instructions on judging. Reviewing these materials is the only preparation required of competition judges.
Visit the NAAC Website for more information

9th Cir. Judge Nguyen video profile online

'Pathways' Video: Judge Nguyen Cites Lessons in Family's Flight from Vietnam

U.S. Court of Appeals Judge Jacqueline H. Nguyen understands the importance of  reaching out to accept opportunities to serve. In the newest U.S. Courts Pathways to the Bench video profile, Judge Nguyen says that her parents had "tremendous' gratitude"  for their opportunities in America, after fleeing Vietnam with their young family in 1975. In the video, Judge Nguyen encourages others to step out of their comfort zone – as she did – "to have the courage and work ethic to accept opportunities that will shape your life." Watch the video about Judge Nguyen. The full Pathways to the Bench video series is available on the U.S. Courts Educational Resources section. While intended for all audiences, the Pathways videos especially can inspire high school students and youth groups to overcome obstacles on the way to achieving  dreams.

See also, this Gavel to Gavel article here.

"Appeals Court Slapped Over Lengthy 'Unpublished' Ruling"

 

The NLJ presents "Appeals Court Slapped Over Lengthy 'Unpublished' Ruling", which explains:

U.S. Supreme Court Justice Clarence Thomas on Tuesday sharply criticized a federal appeals court for issuing a lengthy opinion that was nonetheless unpublished, which he called a "disturbing aspect" of the case before the high court.
The comment could revive a decades-old debate over so-called "unpublished opinions" of appeals courts, which are sometimes cursory and don't have precedential value. According to the most recent statistics available, 88 percent of the 37,820 opinions issued by federal appeals courts in 2013 were categorized as "unpublished"—a misnomer because most are actually available through the court that issued them or through online data services. ...

Controversy over unpublished opinions divided the federal judiciary a decade ago, with judges—including the Ninth Circuit's Alex Kozinski—arguing that ending them would vastly increase the workload of judges by requiring them to put more research into even the most cursory rulings.
But the late Judge Richard Arnold of the Eighth Circuit and others argued that issuing decisions without precedential value was unconstitutional.

In 2005 the Supreme Court issued a rule that did not end the practice, but said lawyers could cite unpublished opinions. That did not stem the flow of unpublished opinions in most courts. 

Also in the NLJ see State of the Union Address: Supreme Court Highlights

Chief Justice John Roberts Jr. attended the address with justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, one more than last year but still below the average number of previous decades. 

Court scholars Todd Peppers and Michael Giles, in a 2011 paper on justices and the State of the Union address, said only 31 percent of justices have attended since 2000, down from 84 percent from 1965 to 1980.

Mosk on Mosk!

2/5's Justice Mosk has an interesting article in today's DJ titled Mosk on Mosk and Civil Rights in California. Here's the upshot:

"My father was in the forefront of the civil rights movement. He established a Civil Rights division in the state Department of Justice; fought for Latino voting rights in the Imperial Valley; ruled that schools could consider race in efforts to desegregate schools; worked to end discrimination in housing, lending and public accommodations; sought to educate law enforcement on minority issues; supported the extension of the jurisdiction of the California Fair Employment Practices Commission; and hired minorities and women into the state Department of Justice.
After a long and sordid history of racial discrimination in the state, California emerged as a leader in state and judicial action to combat it. And Stanley Mosk was an important figure in that battle."