Appellate tidbits

Law.com has more on Judge Rawlinson in Why This Judge Says Law Schools Should Reassess Their Admissions Process

• Judge Rawlinson said schools should ask if the LSAT should be given less weight in the admissions process.
• Her comments come as the ABA considers a proposal that would give law schools the choice of whether to require LSAT scores in admissions.
• Proponents of the change say the LSAT can exclude diverse applicants from law schools.

WAPO has Historically diverse Supreme Court hears disproportionately from White lawyers

Black and Hispanic attorneys are starkly underrepresented among Supreme Court litigators, according to a Washington Post analysis of lawyers who have delivered oral arguments in recent years. Women are also significantly underrepresented. And there are particularly few women of color.

Law360 has Miriam Krinsky On The Work Of Reform-Minded Prosecutors 

• Miriam Krinsky, a former federal prosecutor who is now the executive director of the nonprofit Fair and Just Prosecution, recently came out with a book chronicling the lives and work of prosecutors throughout the U.S. who have used the power of their offices to pursue a reformist vision of criminal justice.
• Krinsky spent 15 years as a federal prosecutor in the mid-Atlantic and Los Angeles, where she helped implement reform measures within the Los Angeles Police Department. As an assistant U.S. attorney for the Central District of California, she served as chief of the general crimes and criminal appellate sections. Today, she is part of the American Law Institute's sentencing project advisory group and the ALI Principles of Policing advisory group.

The Recorder has Sanctions Recommended for Lawyer Accused of Filing Fake News Story With Appeals Court

DJ profiles retired Justice Chin

Today's DJ has No Nonsense: Former California Supreme Court Justice Ming Chin takes direct route to dispute resolution

• After stepping down from the state high court in August 2020, Chin said he stayed busy writing and speaking regularly about everything from the law to genetic research for the Rutter Group while also teaching at the Panetta Institute for Public Policy. But after several conversations with Lucie Barron and Joanna Barron at ADR Services, Inc., Chin decided to join their roster of neutrals in August last year.
• Over the past year, Chin has handled a range of matters as a mediator, arbitrator, referee and appellate consultant, including sexual harassment cases, investment disputes, breach of contract and elder abuse matters.
• Chin said the work he’s doing as a private neutral has been terrifically rewarding not only because of the fulfillment he takes from easing the workload for his former judicial colleagues when he settles a case, but also because he feels like he’s helping people.

ABA Journal has Court reporter is ordered to meet deadline or go to jail, with her equipment, until work is done and Law360's coverage is Texas Court Reporter Faces Jail Over Missing Case Record

DJ profiles J. Rawlinson

 Today's DJ profile is Circuit Judge Johnnie Rawlinson would have liked to have been more assertive earlier in her career -- 9th Circuit Judge Johnnie Rawlinson spoke publicly to advocate the nomination of a specific potential successor and wished she had been more outspoken when she began her career.

“I wish I had known years ago that I could be a lot more aggressive and still be successful,” she said. “I think for the first generation of women lawyers, many of us thought that we had to be less aggressive so as to not offend the male attorneys whose ranks we were trying to join. Oftentimes I think perhaps I was not as assertive as I have become as I became a more mature lawyer. Looking back, I would have liked to have been that person from the beginning.”

• The article quotes a footnote from Center for Community Action and Environmental Justice v. Federal Aviation Administration, 20-70272: “For the record, I grew up in the segregated South and looked racism in the face, up close and personal, long before my concurring colleague was born,” she wrote. “So pardon me if I take a hard pass on the lecture on when, where, and how to identify racial injustice.”
• In July, Rawlinson celebrated 22 years on the 9th Circuit. Whether she will take senior status soon remains to be seen. She faced criticism earlier this year when she tied her retirement to the nomination of a specific successor.
• “I could do this job for another 20 years without hardship, God willing,” Rawlinson told the Nevada Independent in April.

RBG stamp coming!

Appellate philatelists rejoice!

U.S. Postal Service Reveals Stamps for 2023

Ruth Bader Ginsburg
This stamp honors Justice Ruth Bader Ginsburg (1933-2020), the 107th Supreme Court Justice of the United States. After beginning her career as an activist lawyer fighting gender discrimination, Justice Ginsburg became a respected jurist whose important majority opinions advancing equality and strong dissents on socially controversial rulings made her a passionate proponent of equal justice and an icon of American culture. The stamp features an oil painting of Justice Ginsburg facing the viewer in her black judicial robe with an intricate white collar. Art director Ethel Kessler designed the stamp with art by Michael J. Deas, based on a photograph by Philip Bermingham.

Today's DJ has Gary Watt and Patrick Burns' Arbitration Angle bi-monthly column, Staying Litigation While an Order Denying Arbitration is Appealed, about a federal circuit split that SCOTUS might address via the pending cert petition in Coinbase v. Bielski (22-105).

ABA Journal has Past PACER users would each get at least $350 in refunds under lawsuit settlement and Neal Katyal discusses SCOTUS highs and lows at Clio conference

Law360 has 11th Circ. Agrees To Resume Livestreaming Oral Arguments:

• The U.S. Court of Appeals for the Eleventh Circuit has agreed to once again provide livestreams of oral arguments beginning Tuesday, ending its distinction as the only federal appeals court not to commit to continuing streams indefinitely.
• Before the COVID-19 pandemic, four appellate courts allowed some form of live remote access to oral arguments, allowed under the Judicial Conference policy, according to the letter. Those were the U.S. Court of Appeals for the District of Columbia, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Courts of Appeals for the Second and Fourth Circuits.
• All 13 appellate courts did offer either audio or video recordings of oral arguments to the public free online after proceedings.

J. Hoch to retire

Justice Andrea Hoch has announced her retirement from the 3d District at the end of this year. She was appointed to the 3d District in 2011.  

2d DCA pro tem update

 

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

• Associate Justice Patricia D. Benke (ret.) of the Fourth District Court of Appeal will be sitting Pro Tem in Division One until November 30, 2022
• Associate Judge Gregory J. Weingart of the Los Angeles Superior Court will be sitting Pro Tem in Division One until December 19, 2022
• Judge Anne K. Richardson of the Los Angeles Superior Court will be sitting Pro Tem in Division Three until November 30, 2022
• Judge Natalie P. Stone of the Los Angeles Superior Court will be sitting Pro Tem in Division Four until December 31, 2022
• Judge Armen Tamzarian of the Los Angeles Superior Court will be sitting Pro Tem in Division Five until November 10, 2022
• Associate Justice Steven Z. Perren (ret.) of the Second District Court of Appeal will be sitting Pro Tem in Division Six until November 30, 2022
• Judge Geoffrey M. Howard of the Marin County Superior Court will be sitting Pro Tem in Division Seven until December 31, 2022
• Judge Albert T. Harutunian III of the San Diego Superior Court will be sitting Pro Tem in Division Eight until October 31, 2022

RIP Fed.App'x (2001-2021)

 

Eric Berg reports on the death of the Federal Appendix on the RIPS Law Librarian blog  

• The Federal Appendix, a West case law reporter that published ‘unpublished’ opinions from the United States Courts of Appeals, was always an oddity. It collected decisions that were designated by the courts as not fit for publication in the pages of West’s Federal Reporter. This might have been a useful service if it had existed decades earlier, but the Federal Appendix was not introduced until 2001. In a world where ‘unpublished’ federal appellate decisions had been made available electronically on Westlaw and Lexis since the 1980s, the Appendix was redundant from the start. Even before the Federal Appendix, the term ‘unpublished’ was a misnomer. So perhaps we should not be surprised that Thomson Reuters decided to kill off the Federal Appendix in 2021 without much fanfare.
• The final bound volume of the Federal Appendix was volume 861, and the ultimate case by page number was Vittetoe v. Blount Cnty., Tennessee, 861 F. App’x 843 (6th Cir. 2021).

CJA hearings on Nov. 30

The Commission on Judicial Appointments will hold virtual public hearings on Nov. 30 starting at 3 p.m. to consider three appointments by Governor Gavin Newsom:

• Justice Therese Stewart, as presiding justice of the First District Court of Appeal, Division Two (San Francisco);
• Judge Gregory Weingart, as associate justice of the Second District Court of Appeal, Division One (Los Angeles) 2DCA1; and
• Judge Victor Viramontes, as associate Justice of the Second District Court of Appeal, Division Eight (Los Angeles).

Your input needed!

LACBA’s State Appellate Judicial Evaluation Committee (SAJEC) is vetting two potential appointees to the Second District Court of Appeal: L.A. Superior Court judges Helen Zukin and Rashida Adams.  Anyone wishing to provide input on the potential appointees’ qualifications is welcome to fill out the evaluation forms linked below, or to contact committee chair Alana Rotter at arotter@gmsr.com

• Helen Zukin -- https://www.surveymonkey.com/r/SAJECZukin22
• Rashida Adams -- https://www.surveymonkey.com/r/SAJECAdams22

This week's DJ has an insert on boutique firms, and highlights the appellate Ehrlich Law Firm

ABTL hosts the next CJ

The Nov. 17 ABTL dinner program (at the DTLA Omni) will be An Evening with the Honorable Patricia Guerrero (which includes 1.25 MCLE hours). Details here.

The day before, on Nov. 16, at noon, the Cal Supreme Court Historical Society will be presenting a webinar: Perez v. Sharp: A California Landmark Case that Overturned a Century-Old Ban on Interracial Marriage, to be introduced by Justice Groban and presented by Justice Teri Jackson and John Caragozian.

Fall 2002 Appellate Issues available

 

The ABA's Council of Appellate Lawyers has released its 2022 Fall Edition of Appellate Issues. Many of the articles focus on amicus briefs: Multistate Amicus Briefs and Supreme Court Review; Meeting Their Needs: How to be the best possible friend of the Court, the party you're supporting, and the clients you represent; Changes to the Amicus Rules: Are courts becoming friendlier to friend-of-the-court briefs?

Interesting cases / Judge DW Nelson

The MetNews has C.A. Justice Raphael Says Colleagues Are Wasting Time -- There’s No Need to Review Entire Record in Acting on Appeals From Denials of Post judgment Motions, He Writes. (People v. Jennings, E079203) And see also Controversial Orange County Judge Faulted For Denying Relief From Default

Today's DJ has MC Sungaila's The Best Beloved Thing is Justice--The Life of Dorothy Wright Nelson.

Judge Nelson’s wide-ranging influence, and her trailblazing legal work – as the sole woman Dean at an ABA-accredited law school in the 1960s and 1970s, as one of the early women to serve on corporate boards, as one of the pioneers of mediation and ADR and law school clinics, as one of the leaders of the movement towards merit selection of judges (which led to many more women and minorities being appointed to the bench), and as one of the wave of early female appointees to the federal bench during the Carter administration – is chronicled in a new book by her former law clerk and law school Dean herself, Lisa Kloppenberg.

Also: Congrats to 3d District Justice Duarte on her election to the American Law Institute.

 

Pandemic Emergency over Feb. 28, 2023

"Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023"

[Over in the D.C. Circuit, here's the latest revised protocols for in-person and hybrid oral arguments and revised mask policy]

Here's some nice language from a published opinion here about writ relief:

It is appropriate to review discovery orders via writ of mandate when “we are presented with a question of first impression which is of general importance to the trial courts and to the profession, and in conjunction with which general guidelines can be laid down for future cases.” (Rudnick v. Superior Court (1974) 11 Cal.3d 924, 928.)

Longer arguments - good; unanimity - not good?

 Bloomberg law has Supreme Court Arguments Get Longer to the Delight of Advocates noting:

• US Supreme Court arguments are getting longer post-pandemic—and advocates like it.
• Court closures prompted the justices to modify their questioning format, and some of those changes have remained as the justices have retaken the bench.
• Last term, that resulted in more than 19 extra hours, equivalent to 18 extra minutes per argument and 28% more argument time overall
• The justices averaged just under 28 extra minutes per argument over October’s eight arguments, with four cases nearing two hours.
• Of the 163 lawyers who took the lectern last term, 86%—or 140—argued extra time due to the justices’ questions

Today's DJ's Moskovitz on Appeals has On Unanimous Opinions -- arguing that justices should dissent rather than sign decisions they don't agree with: If a justice "remains unconvinced on a significant issue, a judge should say so – and tell the public about it in a dissent or concurrence."

Also, the October 2022 issue of Litigation Update is now online, keeping you up to date on current case law.

1st District back in person

The Court of Appeal, First Appellate District, announces that in-person oral argument in the courtroom is now available to either or both parties. Counsel or parties may elect to present oral argument either by personal appearance in court or by remote appearance on BlueJeans. Hybrid arguments, where one party is in the courtroom and the other remote, are available. If argument will be by personal appearance, absent extraordinary circumstances, the Justices who will hear the case will be present in the courtroom. All who enter the courtroom must be masked and remain masked except that counsel and parties who are presenting their argument may remove their masks while speaking. All arguments from the courtroom and by remote appearance, including hybrid arguments, will continue to be streamed live on the court’s website.

More amicus disclosures?

Law360 has Should Courts Force Amicus Filers To Disclose More?

• Friend-of-the-court briefs should disclose more about the relationships amici have with parties, members of a federal appellate rules committee said Thursday during discussion of potential changes intended to shed more light on who's behind amicus arguments.
• A working draft presented to the Advisory Committee on Appellate Rules calls for an amicus to disclose whether a party or its lawyers have contributed 25% or more of the amicus entity's gross annual revenue in the year leading up to a brief being filed. It also calls for disclosure of whether a party or its lawyers have a majority ownership in or control of the entity submitting an amicus brief and whether a party or its lawyers contributed or even pledged to contribute funding for drafting, preparing or submitting the amicus brief.
U.S. Circuit Judge Jay Bybee, who chairs the committee, said there is at least anecdotal evidence of some problems with the current rules, pointing to reports of undisclosed contributions both Google and Oracle made to some organizations that filed amicus briefs in a U.S. Supreme Court copyright case between the tech giants. That can give the perception of a "cat's paw arrangement" in which a party is pulling the strings for the purported amicus, Judge Bybee said.

And the Marble Palace Blog has New SCOTUS Books Coming In Over the Transom -- As the Supreme Court’s new term begins, some important new books about the court have arrived.

On Oct. 26 at noon, FBA-San Diego Chapter will present the State of the District Luncheon, which will include a Ninth Circuit update from Judge John Owens.

Disentitlement dismissal declined

In this unpub from 2/7 today, the court denies a motion to dismiss an appeal under the disentitlement doctrine.

PACER pays up!

Law.com reports US Government Pays $125M to Settle Class Action Over PACER Fees -- Under a settlement filed on Tuesday, class members are expected to receive up to $350 each in refunds for PACER fees they paid.

2021 9th Cir. Annual Report posted!

The 2021 Ninth Circuit Court of Appeals Annual Report has been posted. It includes court caseload statistics and articles focusing on various initiatives undertaken by judges and court staff in 2021 when the global distribution of vaccines against COVID-19 began and the prospect of resuming normal routines seemed possible.

Delaney confirmed! Dyk's book out!

This morning the CJA confirmed Judge Thomas Delaney to 4/3!

Law.com has Judge Timothy Dyk on Practice, Cameras in Appellate Courts and the 'Ringside Seat' to His Judicial Confirmation -- The Federal Circuit judge says the Supreme Court's decision to adopt live audio of its hearing is a big step. "Maybe cameras are a small step compared to that."

“Timothy B. Dyk: The Education of a Federal Judge” is set for official release Tuesday. The U.S. Court of Appeals for the Federal Circuit judge’s 234-page memoir covers a wide range of subjects: Harvard Law School education, clerkship for Chief Justice Earl Warren, practice at Wilmer Cutler & Pickering and Jones Day Reavis & Pogue (including representing the Los Angeles Times in Watergate-related litigation), a judicial confirmation that got caught up in partisan warfare, and lessons learned from his 22 years on the bench.

On October 27, 5 to 7 p.m., FBA-LA will host a Reception to Honor the New Federal Judiciary, at the U.S. Courthouse (350 W. 1st Street), including new 9th Cir. Judges.

Law.com has Judges Push Back Against James Ho's Call to Boycott Yale Law Clerks -- A dozen unnamed federal judges told a news outlet last week that they would join Ho in not hiring Yale Law students, but other jurists have been more critical of the boycott. The article notes: "Ninth Circuit Judge Diarmuid O’Scannlain, a Reagan appointee, said he continues to welcome law clerk applications from Yale Law students."

Articles of note

Today's DJ has 3 nominated to appellate courts, 16 named to superior courts -- 
Therese M. Stewart was selected to be presiding justice of the 1st District Court of Appeal, Division 2. L.A. County Judge Gregory Weingart was selected for a seat on the 2nd District Court of Appeal, Division 1. L.A. County Judge Victor Viramontes was selected for a seat on the 2nd District, Division 8.

The Recorder's article is Newsom Nominates 3 Appellate Justices, Names 16 Trial Court Judges in Latest Wave of Appointments.

Today's DJ also has California Supreme Court Review: September 2022 by Alexis Coll and Ariel Rogers

Today's SF Chronicle has  How the California Supreme Court went from political lightning rod to low-key happy family

Law.com has Does Ideology Really Matter When Hiring Judicial Clerks?

COA Appointments!

Governor Newsom Announces Judicial Appointments

Governor Gavin Newsom today announced his nomination of Justice Therese Stewart to serve as Presiding Justice of the First District Court of Appeal, Division Two; Judge Gregory Weingart to serve as an Associate Justice of the Second District Court of Appeal, Division One; and Judge Victor Viramontes to serve as an Associate Justice of the Second District Court of Appeal, Division Eight. The Governor also announced his appointment of 16 Superior Court Judges, which include two in Alameda County; one in Contra Costa County; three in Los Angeles County; one in Madera County; two in Riverside County; two in Sacramento County; one in San Bernardino County; two in Santa Barbara County; one in Santa Cruz County; and one in Tuolumne County.

First District Court of Appeal



Justice Therese Stewart, 65, of San Francisco, has been nominated to serve as Presiding Justice of the First District Court of Appeal, Division Two. The first openly lesbian justice to serve on the California Court of Appeal, she has served as an Associate Justice of the First District Court of Appeal, Division Two since 2014. Justice Stewart served as Chief Deputy City Attorney at the San Francisco City Attorney’s Office from 2002 to 2014. She was a Director at Howard Rice Nemerovski Canady Falk and Rabkin PC from 1988 to 2002, where she was an Associate from 1982 to 1988. She served as a Law Clerk for the Honorable Phyllis A. Kravitch at the U.S. Court of Appeal, Eleventh Circuit from 1981 to 1982. Justice Stewart argued on behalf of the City and County of San Francisco in the trilogy of cases advocating for marriage equality for LGBT Californians in the California Supreme Court. She also led the team of San Francisco deputy city attorneys intervening as plaintiffs in the federal case challenging Proposition 8. Justice Stewart earned a Juris Doctor degree from the University of California, Berkeley School of Law. She fills the vacancy created by the retirement of Presiding Justice J. Anthony Kline. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Senior Presiding Justice Jim Humes. Justice Stewart is a Democrat.

Second District Court of Appeal



Judge Gregory Weingart, 56, of San Marino, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division One. He has served as a Judge at the Los Angeles County Superior Court since 2020 and from 2018 to 2019. He served as a Justice Pro Tem at the Second District Court of Appeal, Division One from 2019 to 2020. Judge Weingart was a Partner at Munger, Tolles and Olson LLP from 2004 to 2018, where he was an Associate from 1992 to 1995. He served as an Assistant U.S. Attorney at the U.S. Attorney’s Office, Central District of California from 1995 to 2004. Judge Weingart served as a Law Clerk for the Honorable William M. Byrne Jr. at the U.S. District Court, Central District of California from 1991 to 1992. He earned a Juris Doctor degree from Harvard Law School. Judge Weingart fills the vacancy created by the removal of Justice Jeffrey Johnson. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. Judge Weingart is a Democrat.


Judge Victor Viramontes, 49, of Whittier, has been nominated to serve as an Associate Justice of the Second District Court of Appeal, Division Eight. He has served as a Judge at the Los Angeles County Superior Court since 2017. Judge Viramontes was National Senior Counsel at the Mexican American Legal Defense and Educational Fund from 2010 to 2017, where he was a Staff Attorney from 2001 to 2005. He was Senior Trial Attorney at the U.S. Equal Employment Opportunity Commission from 2008 to 2010, where he was a Trial Attorney from 2005 to 2008. Judge Viramontes was an Associate at Heller Ehrman White and McAuliffe from 2000 to 2001. He earned a Juris Doctor degree from Yale Law School. Judge Viramontes fills the vacancy created by the elevation of Justice Maria Stratton as Presiding Justice of the Second District Court of Appeal, Division Eight. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Senior Presiding Justice Arthur Gilbert. Judge Viramontes is a Democrat.

The compensation for each of these positions is $262,198.

New Clerk/XO for 3d District

 

Colette Bruggman Named Clerk/Executive Officer of Sacramento’s Third Appellate District

Acting Administrative Presiding Justice Ronald Robie today announced the appointment of Colette Bruggman as clerk/executive officer of the Court of Appeal, Third Appellate District, effective Jan. 1, 2023. Bruggman, currently the court’s assistant clerk/executive officer, will succeed Andrea Wallin-Rohmann, who will retire after serving in the position for more than six years.

ABA Journal has 11th Circuit rules hours after news site writes about 7-year delay

Today's DJ has Judge Riff on Parody as Advocacy, about The Onion's SCOTUS amicus brief, in which he opines:

it seems to me that if one is going to venture into humor in a courtroom, one should (1) do so very rarely – and maybe never; (2) be sure the humor works in the context of the moment; (3) the quip cannot possibly be construed as callous; (4) make sure that the speaker is the butt of the joke if there is a butt; and (5) be sure the quip is actually universally humorous and not groan-worthy to a material proportion of the population.

Parody, of The Onion’s amicus brief type, I cannot see working in a trial court. Maybe in an appellate court.

4/3's pro tem Judge Marks drops some zingers in this unpub today: 

In his opening brief, William’s first legal argument starts with a bang. He asserts the court’s order must be reversed because the court improperly used a Dissomaster to calculate the reduced spousal support award. To support his assertion, he attaches a copy of a Dissomaster report he prepared for the purpose of his appeal.

We find this argument outrageous for two reasons. First, William’s Dissomaster report was neither an exhibit in the proceedings below nor part of the appellate record. It was never presented to the trial court. Thus, attaching it to an appellate brief is improper and violates the rules of appellate procedure. Counsel should know better, and we will not consider the Dissomaster attachment.
Second and of greater concern is that William’s assertion is directly refuted by the record.

Awards for judges & midnight filings

The DJ reports Hastings center honors prominent judge and attorneys, noting "The Center for Litigation and Courts at UC Hastings College of the Law announced its first recipients of the Awards for Excellence in Ethics in Complex Litigation, a prize they hope will increase awareness of ethical issues in litigation." The judge is 9th Circuit Judge William Fletcher award will be presented Oct. 22.

[Speaking of "Hastings," the DJ also has Hastings’ descendants sue to block name change, or be paid back]

Back to awards for judges: See Yale Law Women+ honors Leondra Kruger about how Yale Law Women+ presented the Yale Law Journals’s first ever Black female editor in chief — who now serves as a justice on the California Supreme Court — Leondra Kruger with their Alumni Achievement Award.

And see Bedsworth: Ice Cream and ... Beer? (Which notes the Hastings name change in fn. 7.)

Law.com has Do Midnight Filing Deadlines Offer Flexibility or Burden? Lawyers Debate Time Change Proposal -- A judiciary committee is weighing a suggestion that the midnight deadline for e-filing be made earlier to help improve attorney work-life balance.

On October 25, noon to 1, LACBA's Appellate Court Section will present a Zoom Webinar titled Professor Volokh's Tips on Better Brief Formatting and Writing. Details here.

Cal Supreme Court back to in-person in November

Administrative Order 2022-10-05 -- In November 2022 the Supreme Court will resume in-person oral argument in its San Francisco courtroom. Counsel will have the option to appear in person, or remotely via video. All counsel who will appear must file an appearance form within seven calendar days after the case is set for argument. This order supersedes Administrative Orders Nos. 2020-03-13 (Mar. 16, 2020), 2020-03-27 (March 27, 2020), and 2020-08-19 (August 19, 2020) .

See California Supreme Court Resumes In-Person Oral Arguments in November:

• The California Supreme Court will resume holding oral argument in person starting in November, after holding sessions remotely for more than two years during the COVID-19 pandemic.
• Counsel appearing before the court will still have the option to appear remotely via videoconference. All justices will appear in person for oral argument, barring any unforeseen circumstances.
• Starting in November, all counsel and members of the public must wear well-fitted face coverings regardless of vaccination status; counsel may remove their masks when presenting argument.
• Seating in the courtroom, on the fourth floor of 350 McAllister Street in San Francisco, will be open to the public and media on a first come, first served basis. Audience seating will be limited to 35 people to achieve appropriate social distancing.
• The Supreme Court will continue to live stream oral argument on its website: supreme.courts.ca.gov/. Recordings of oral argument will continue to be archived for subsequent viewing.

J.Delaney hearing 10/11

The Confirmation Hearing for Judge Thomas Delaney for the Fourth District Court of Appeal, Division Three will be October 11 with the livestream beginning at 10 a.m.

A legend; and the legend of stare decisis

A video has been posted from Seth Hufstedler's 100th Birthday party last month here.

Today's DJ has the monthly Exceptionally Appealing column, this one titled Scare(y) Decisis: reversing rights and wrongs.

• “The legal doctrine of stare decisis derives from the Latin maxim ‘stare decisis et non quieta movere,’ which means to stand by the thing decided and not disturb the calm. The doctrine reflects respect for the accumulated wisdom of judges who have previously tried to solve the same problem.” Ramos v. Louisiana, 140 S. Ct. 1390, 1411 (2020) (Kavanaugh, J., conc.)
• One early and classic jab at stare decisis comes from Oliver Wendell Holmes Jr., The Path of the Law, 10 Harv. L. Rev. 457 (1897): “It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.”
• If stare decisis is too readily discarded, then the Constitution becomes “nothing more than what five Justices say it is” at any point in time. Justice Powell, Stare Decisis and Judicial Restraint, 1991 J. Sup. Ct. Hist. 13, 16; see also Turner v. U.S., 396 U.S. 398, 426 (1970) (Black, J., dissenting) (“Our Constitution was not written in the sands to be washed away by each successive wave of new judges blown in by each successive political wind.”). But if stare decisis is adhered to too slavishly, then the Constitution is nothing more than what five justices once said it was at one point (perhaps in the distant past).

9th Cir. mcle

The FBA W.D. Wash. Chapter presents a FREE CLE presented in-person and remotely: An Insider’s Guide to Complying with The Revised Ninth Circuit Court Rules and Avoiding Common Filing Errors 

Presenters: Susan Gelmis, Chief Deputy Clerk, and Liora Anis, Lead Briefs Clerk
October 24, 2022 – Noon to 1:30 p.m.  An overview of recent revisions to, and tips for complying with, the filing rules regarding briefs and excerpts of record. Plus a preview of the Court’s new case management system (ACMS).

Amicus brief defending/defining parody

Ever wonder what it would look like if The Onion wrote an amicus brief? Well, wonder no more! That brief is here.

[Bloomberg Law has ‘Latin Dorks’ Will Disembowel Parody, Onion Tells Supreme Court; Law36 has The Onion Calls For Parody Protections In High Court Brief]

LASC App. Div. hearing dates for 2023

APPELLATE DIVISION 2023 HEARING DATES SET
The Appellate Division 2023 hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and generally be set at 1:30 p.m. for limited civil cases in the Appellate Division Courtroom, Room 615, Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court:  JANUARY 5, 19  FEBRUARY 2, 16  MARCH 2, 16  APRIL 6, 20  MAY 4, 18  JUNE  1, 15    JULY  6, 20  AUGUST 3, 17  SEPTEMBER 7, 21  OCTOBER 5, 19  NOVEMBER 2, 16  DECEMBER   7, 21 

Happy 1st Monday

Today's the First Monday in October, so SCOTUS is back, accompanied by zillions of articles. Law360 also celebrates with a SCOTUS quiz: How Well Do You Know Supreme Court History?

[Law360 has Justice Jackson Brings Tough Questions To First Argument and Ill. Federal Judge Tapped As Chief Justice Roberts' Counselor]

Also widely reported, including on How Appealing: “Laurence Silberman, Federal Appeals Court Judge, Shaped Conservative Legal Theory; The Nixon administration veteran has died at 86”: Jess Bravin, James R. Hagerty, and Jan Wolfe of The Wall Street Journal have this report.

Today's DJ has Myron Moskovitz in Biting the hand--redux, about the benefits of trial lawyers invovling appellate counsel at trial to help with summary judgment motions, motions in limine, jury instructions, special verdicts, and post-trial motions.

Today's DJ also has PJ Gilbert's What's it to you? about grammar... and more.