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.

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.

J.Sanchez to retire

Justice Maurice Sanchez to retire from the California Court of Appeal, Fourth District, Division Three

Associate Justice Maurice Sanchez of the California Court of Appeal, Fourth District, Division Three, will retire on October 2, 2026, after a remarkable and distinguished 45-year legal career. Justice Sanchez was the first Latino, the first person of color, and the first Orange County native to serve as a Justice on the Fourth District, Division Three in its 43-year history.

SCOTUS tidbits

The Wall St. Journal has Gregg Costa's The Emergency Supreme Court Order of Sept. 12, 2001 -- Chief Justice Rehnquist was adamant about not letting terrorists disrupt the judicial routine.

Law.com has John Eastman Appeals Disbarment to U.S. Supreme Court -- Eastman argued in a Supreme Court petition that his disbarment over his attempt to overturn the 2020 election violates the First Amendment. "Eastman, a former clerk to Justice Clarence Thomas and graduate of the University of Chicago Law School, was once considered among the country’s foremost conservative constitutional law scholars and served as dean of Chapman University’s Dale E. Fowler School of Law in Orange County, California, from 2007 to 2010. Since 1999, he has served as the founding director of the Claremont Institute’s Center for Constitutional Jurisprudence."

Law360 has UPenn Prof Hires John Eastman For Race Bias Appeal

Tung lashing?

Today's DJ has 9th Circuit Judge Tung makes his mark with pointed dissents -- Less than a year after joining the 9th Circuit, Trump appointee Eric C. Tung has repeatedly challenged his colleagues in sharply worded dissents on immigration and other contentious issues.

Shaun Martin, a professor at the University of San Diego School of Law, said Tung's combative approach is unusual for a new appellate judge, who might ordinarily be reluctant to antagonize colleagues early in his tenure.

Monetizing SCOTUSblog

SCOTUSblog is requiring payment for full access:

"SCOTUSblog Plus" -- All the coverage from those who know the court best. Join SCOTUSblog Plus.

For nearly a quarter-century, SCOTUSblog has been the go-to authority on the Supreme Court. Plus takes our unmatched coverage even further with the SCOTUStoday newsletter, deep-dive explainers, live AMAs with our reporters and analysts, advanced statistics, real-time alerts, and much more.

4/1 chambers & central staff opportunities

New Justice Eran Bermudez in San Diego is seeking applicants for her chambers:

Division I - San Diego -- Job ID #6741 Appellate Court Attorney -- Posting is open until September 25, 2026

Division I San Diego is accepting applications for an Appellate Court Attorney (Level B- Senior). Please feel free to share this opportunity with anyone you think would be a great fit for the court. The job can be found at AppellateCourt Chambers Attorney (Level B - Senior) Or Appellate Court Central StaffAttorney (Level B - Senior) | Judicial Branch of California

An Evening With the Supremes (10/28/26)

The California Supreme Court Historical Society seeks your sponsorship of “An Evening with the California Supreme Court” on October 28, 2026, at which former Associate Justice Martin Jenkins and retired Justice Arthur Gilbert will be honored. Dinner will begin at 5:30 p.m. at the California Club in Los Angeles. Current and retired justices of the California Supreme Court (as well as other judges) will be in attendance and will be seated at the sponsored tables.

The California Supreme Court Historical Society is a non-profit, public benefit corporation dedicated to recovering, preserving, and promoting California’s legal and judicial history, and particularly that of our Supreme Court. For nearly three decades, the Society has funded the oral histories of the California Supreme Court’s justices so that their legacies are preserved. This dinner will raise funds to support the Society’s ongoing oral history projects. Sponsors will be acknowledged (1) at our program and the printed program booklet, (2) on the Society’s website for six months, and (3) in our biannual publication, the Review.

2d Dist. 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 September 22, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through October 14, 2026
• Judge Jessica Delgado of the Santa Clara County Superior Court will be sitting Pro Tem in Division Three through September 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

The Wall St. Journal has How Two Men Without Lawyers Got Their Cases to the Supreme Court -- A prisoner and a prayer leader broke through a system dominated by elite attorneys.

It has been five years since the justices last heard arguments in a case filed by a person who came to the court without a lawyer. Now this fall, the court will do it twice.

The DJ has Myron Moskovitz's column Working, Part 4: Setting up the structure of a brief -- Why starting to draft early, while first impressions are fresh, can help shape a strong argument outline and concise introduction that form the foundation of an appellant's opening brief.

Wiggling out of appellate bonding

Appellate Specialist Dan Barer points out today's published opinion on avoiding bonding:

In Guzman v. Superior Court (Wigle), published today, the 3d DCA affirms an order granting relief under CCP § 995.240—giving courts discretion to waive a bond provision if the court determines the principal is unable to give the bond because the principal is “indigent and unable to obtain sufficient sureties”—to a judgment debtor with $1.75 million in assets who is appealing a $20 million personal injury judgment. The appellate court rejects the argument that the term “indigent” means “extreme poverty,” and concludes that “indigent” means any person who is unable to obtain sufficient sureties, whether or not the person is destitute.  “Instead, trial courts retain discretion to evaluate each request for relief under the statute and against the traditional understanding of indigency that is tied to equal access to justice.”

4/1 seeks Clerk/XO

The Fourth District is seeking a new Clerk/Executive Officer in San Diego: Clerk/Executive Officer | District Courts of Appeal.

The Fourth Appellate District Court of Appeal, Division One, located in downtown San Diego, is accepting applications for the position of Clerk/Executive Officer for the Fourth District Court of Appeal. The position reports to the Administrative Presiding Justice.

Appellate lawyers moving around more than ever

Law.com has SCOTUS Litigator Demand Surges in Big Law, Amid Partner Shuffle in Top Firms -- At least seven law firms have announced hires within their Supreme Court and appellate practices since the beginning of 2025, and recruiters say they expect to see more moves over the coming months.

Bloomberg Law has Goodwin Supreme Court Group Chief Santos Bolts for Proskauer

Misleading ADR ad?

ARC is running a print ad and posted a webpage advertising "Appellate Services" using the following language (from the website):

ARC offers the services of experienced retired appellate justices for a wide variety of appeal-related matters. These retired justices are available to consult on trial, post-trial and appellate strategy, including the review of trial court records to evaluate the likelihood of success on appeal. Once an appeal is underway, they can review and comment on appellate briefs. And, as the matter progresses, they can participate in mock oral arguments and otherwise assist in the preparation for oral arguments. In addition, they are always available to work towards the settlement of appellate matters.

The print ad similarly says "ARC's experienced retired appellate justices provide strategic insight at every stage of an appeal ...."

The webpage and ad then features five photos to accompany this text. But only one of the featured neutrals is actually a retired justice.

FRAP 36s waning in Fed. Cir.?

Bloomberg Law has Federal Circuit Writing More After Critique of One-Word Rulings

The Federal Circuit is writing more opinions — specifically more nonprecedential opinions — several years after it faced criticism from a group of patent lawyers and academics over the frequency with which it disposed of cases using single-word judgments saying just “affirmed.”

In 2025 the US Court of Appeals for the Federal Circuit issued 94 judgments under Federal Rule of Appellate Procedure 36, which allows for such decisions. According to a Bloomberg Law analysis, it was the first time that number dipped below 100 since 2007, and the court is on pace to post a modestly smaller total in 2026.

BK appellate jrdxn case

Today's DJ's Exceptionally Appealing column is Mulling Modifications -- A change from $X to zero dollars isn't a change in judgment?, about when an appellate modification changes the appellate judgment or not.

On another esoteric appellate point, those interested in bankruptcy appellate jurisdiction should review this Ninth Circuit opinion (and this blog post from Prof. Martin). The official summary explains: "The panel held that the court of appeals has jurisdiction under 28 U.S.C. § 158(d)(1) over appeals of orders that finally dispose of discrete disputes within a larger bankruptcy case."

The NYT has How the Supreme Court Locks Away Its Own History -- After Justice Scalia died, the justices held private negotiations about locking away their papers. We may not see the ultimate record of the Roberts court for decades.

Post-trial dangers

The DJ has Rex Heinke's Avoiding two common errors on post-trial motions:

• The most common error I see in federal court is a failure to comply with Federal Rule of Civil Procedure 50(a). Rule 50(a) requires a party to make a JMOL motion before a case is sent to the jury if the motion claims there is insufficient evidence to justify a verdict for the opposing party (previously known as a motion for a directed verdict). If this motion is not made, the party cannot make a JMOL motion under Rule 50(b) after there is a verdict and claim there was insufficient evidence to support the verdict. 

• The most common error I see in post-trial motions in California state court is the failure to ensure the trial court knows its power to rule on a motion for a JNOV or new trial expires 60 days after the clerk or a party mails the notice of entry of judgment. If the court does not rule within this time, the motion is automatically denied by operation of law.

AI sanctions = respondent's appellate fees

4/2 is understandably not happy with pro pers who filed an "opening brief was replete with fabricated legal authority." In this unpub the sanctions imposed are the respondents' appellate attorney fees (to be determined by the trial court).

Today's DJ has Noel Guth's No Reporter, No Record, No Longer, about the FVAP opinion.

Citing the California Access to Justice Commission's November 2024 issue paper, the court noted that for the year ending March 31, 2024, more than 1 million hearings and trials took place in unlimited civil, family and probate cases for which the superior courts provided no means of creating an official transcript. The Commission estimated that litigants in over 70% of proceedings in those three categories had no access to an official transcript. ... Los Angeles County Superior Court reported in its own general order that it held more than 332,000 hearings in 2023 with no verbatim record. ....

Government Code section 69957, subdivision (a), authorizes electronic recording only in limited civil, misdemeanor and infraction cases, and prohibits its use to make an official or unofficial record in any other case. The court did not strike the statute or declare it unconstitutional. It implied an exception.

Appellate sanctions!

See here for an unpub from 2/1 in which appellants' "arguments lack merit" and his attorney "repeatedly misrepresents the record," so ... $5K in sanctions payable in equal parts to the court and respondents.

Also of note, this unpub here from 2/6, which begins the Discussion section with a heading for "Duties of appellate counsel," noting that "The briefs of both parties fail to comply with the appellate rules and are of little help to the court in determining the operative facts."

Law.com has Getting Yelled at by Supreme Court Justice Scalia Made Me a Better Lawyer