DJ monthly columns

 A new month brings a new set of monthly appellatety columns in the DJ!

Retired PJ Gilbert has Why? -- A retired judge humorously reflects on everyday frustrations--from cyclists without helmets and cell phone distractions to tattoos and modern expressions--before questioning why judicial opinions have become increasingly long and difficult to understand.

Myron Moskovitz has Are AI-generated briefs persuasive? -- AI can produce well-researched and logically organized appellate briefs, but experienced appellate lawyers remain better at strategic judgment, persuasive advocacy and anticipating the human factors that can influence judicial decision-making.

AI produces briefs that are strong on logic (usually), well-researched and very thorough. But not so strong on strategic thinking and sensitivity to a judge's human emotions. And AI's writing is pedestrian. ... AI is cheap and it can provide a good starting point. But I would never file one without having an experienced appellate attorney spend a few hours reviewing it. The risk and the stakes are just too high.

AI Sanctions (Illinois edition)

 Law360 reports Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

• A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.
• $15,000 fine within 30 days of the opinion's filing for the 10 false citations included in his documents.
• "AI-hallucinated citations are an increasingly persistent problem in courts nationwide," the panel said. "This indicates that the fines courts are imposing are not enough to deter improper AI use among attorneys. In fact, the prospect of sanctions in this case did not deter attorney Cole from submitting outdated statutory citations and disobeying this court's order to include pin cites in his response. Courts have no choice but to increase fines for AI-hallucinated citations until those fines have a significant deterrent effect."
• The panel added that it was considering additional nonmonetary sanctions, such as ordering Cole to provide a copy of the opinion to every judge working a case he participates in and a requirement to take continuing legal education classes related to proper AI usage.

Appellate tidbits

Bloomberg Law has Trump Picks Flex Rising Influence on Largest US Appeals Court -- Trump has appointed 11 judges on the 29-seat Ninth Circuit. His picks have had an outsized voice although liberals still hold a narrow majority.

Law.com has What Was Behind the Circuits' SCOTUS Reversal Rates This Term?

The DJ has Rethinking application of the disentitlement doctrine in cases involving domestic violence (by H&L's Melissa Whalen and Sarah Fiskin) -- As California courts increasingly apply the disentitlement doctrine to family law disputes, it should never be used to strip domestic violence victims of restraining order protections simply because they failed to pay court-ordered attorney fees to their abuser.

The DJ's July 2026 monthly Discipline Report reports on the May 15 disbarment of John Charles Eastman and the May 29 suspension of Joseph Lawrence Dunn.

Bonding article

Who can resist reading an article titled Hybrid Collateral Approaches to Obtaining an Appeal Bond? Thanks to CSBA for sharing their wisdom!

RIP J.K. Brown

Every California appellate lawyer knows Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233. The DJ has John Kenneth Brown 1935 - 2026 -- Argued a landmark decision that reshaped California writ practice.

J. Kenneth Brown, a founding partner of Brown, Winfield & Canzoneri whose name became synonymous with a landmark California Supreme Court decision that reshaped California writ practice, died June 15 after a legal career that spanned nearly six decades in municipal law. He was 91.

Brown co-founded Brown, Winfield & Canzoneri in 1974 and practiced there for 35 years.

Regarding Palma notices, the article explains:

Chief Justice Ronald M. George, writing for the majority, upheld the Court of Appeal's use of the suggestive Palma notice, concluding that California law does not prohibit the procedure because it "in no sense commands or obligates the trial court" and "is more analogous to a tentative ruling."

The court explained that the procedure preserves the appellate court's options. If the trial court declines to follow the tentative view, the Court of Appeal may summarily deny the petition, issue a peremptory writ or issue an alternative writ followed by briefing and oral argument.

6th DCA window closure on Aug. 5

Court Closure Announcement - 8/5/26 -- The Clerk’s Office window will be closed on Wednesday, August 05, 2026, from 10:30 AM PST to 2:00 PM PST. The drop box on the 10th floor, next to the Clerk’s Office at 333 West Santa Clara Street, San Jose, CA, will be available for the public to drop off documents.

Goldstein sentenced

Bloomberg Law has Goldstein, 44-Time Supreme Court Lawyer, Sentenced to Six Years

Prodigious US Supreme Court lawyer and SCOTUSblog co-founder Tom Goldstein was sentenced to six years in prison on Friday following his convictions on federal tax and mortgage fraud charges early this year.

US District Judge Lydia Kay Griggsby also ordered him to pay $3.1 million in restitution and be on supervised release for five years after completion of his prison term.

J.Kagan at 9th Cir. Conference

Bloomberg Law has Kagan Says Supreme Court Not a ‘Rubber Stamp’ for Trump Policies

“On quite a number of occasions we’ve said to this administration, to this president: ‘You can’t do that,’” Kagan told judges and lawyers at the judicial conference for the US Court of Appeals for the Ninth Circuit in Bellevue, Wash., on Thursday.

Judge Gould video

July is Disability Pride Month. CBS Sunday Morning ran segment on Ninth Circuit Judge Gould here.

Ronald Gould is a federal judge on the Ninth Circuit Court of Appeals in Seattle, one rung below the U.S. Supreme Court. At 79, he shoulders a full caseload despite living with progressive multiple sclerosis. He talks with CBS News chief medical correspondent Dr. Jon LaPook about working with MS, a condition he faces with grit and a healthy dose of humor. LaPook also talks with one of Gould's former law clerks, Karla Gilbride, an attorney who has been blind since birth.

Law360 has Retired Judges Rip Bid To Ban Foreign-Born Federal Judges -- "A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States."

No AI sanctions in 7th

Law360 has 7th Circ. Admonishes Atty Over 'Astonishing' Bogus Citations (see this opinion).

Bloomberg Law's article is Appeals Court Warns Bankruptcy Lawyer Over Alleged AI Misuse

Closer to home, Justice Raphael has (in the DJ)  Patchwork Resentencing -- California's piecemeal approach to resentencing reforms has created uneven opportunities for incarcerated defendants, raising questions about whether a more consistent "second look" system would better promote fairness and sentencing equity.

Law.com has Can Governor Newsom Appoint Himself as the Next SCOCA Justice? -- The appointment’s timing might be driven by the deadline to make this fall’s general election: before the cutoff the nominee has to stand for retention in November, but afterwards the governor can appoint someone who will not face the voters until the 2028 general election.

Law360 also has Circuit-By-Circuit Guide To The US Supreme Court's Term

Is anyone else seeing a yellow background for this nonpub?

Jobs at the 6th District & elsewhere

The Sixth District Court of Appeal has openings for two research attorneys (one in Justice Bromberg's chambers). Info about all such openings appears here.

Who's crying now?

Marble Palace Blog: Requiem for a Crier -- George Hutchinson, the Supreme Court's last "crier" in 1962, died last month at 102.

Law.com has 'New Tool in Their Toolbox': Ex-Arnold & Porter Duo Bring Appellate Edge to Plaintiffs Firm -- “Appellate issues can spring up when you're drafting the complaint,” said R. Stanton Jones, of Trial Lawyers for Justice. “I think it's great for plaintiffs' firms and for their clients to get the benefit of appellate and complex legal issues specialists like us onboarded to a matter early on, so that we can help avoid pitfalls."

More AI sanctions

 Here's a published opinion from 1/4 imposing sanctions ($1500) payable to the court for .... you know....

The DJ has Another attorney sanctioned for failing to check AI-generated work -- The 1st District Court of Appeal ruled that lawyers have a nondelegable duty to personally verify all legal authorities before submitting them to a court.

Clement interview

Law360 has How Paul Clement Does It All -- Clement, who was U.S. solicitor general under former President George W. Bush, is used to making several oral argument appearances before the justices in a term, but this year he set a new personal best by arguing nine cases before the high court.

How do you prepare for each argument? My basic approach to preparing for these oral arguments hasn't really changed since I was in the solicitor general's office, and the standard practice in the solicitor general's office is to do two moot courts before a Supreme Court argument. I think moot courts are absolutely indispensable. I would never do a Supreme Court argument without doing at least two moot courts, so I've kind of stuck to that basic practice. Last term, I had three cases, and I did two moots for each one. And I did the same thing this year, even though there were more cases.

Law360 also has After Tense Terms, Hints Of High Court Harmony With Circuits and The Sharpest Dissents From The Supreme Court Term

2d Dist pro tem update

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

• Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through August 31, 2026
• Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through July 24, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through August 14, 2026
• Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through July 31, 2026
• Judge Nicholas Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four beginning July 20, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through August 19, 2026
• Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through July 31, 2026

DJ profiles H&L

Today's DJ has Horvitz & Levy expands beyond appeals as trial consulting practice grows -- Driven by the rise of nuclear verdicts, Horvitz & Levy has become increasingly involved in cases long before a notice of appeal is filed, helping trial teams shape legal strategy while maintaining the collaborative culture that has defined the appellate boutique for more than 50 years.

• Founded by appellate pioneer Ellis Horvitz, the firm helped establish the modern appellate boutique. Today, with more than 40 lawyers in Burbank and San Francisco, Horvitz & Levy remains one of the nation's largest firms devoted solely to appeals. Firm leaders say its recent growth has been driven as much by trial consulting as by traditional appellate work.

"We're at a point where we've seen tremendous growth in both our appellate practice and our related trial consulting practice," partner David M. Axelrad said. "Clients increasingly understand that appellate lawyers can add value before and during trial, not just after a verdict."

Comeback appeals -- we mean it!

In the Ninth Circuit, if a case is decided on appeal, gets remanded, and then gets appealed a second time in the future, the second appeal (a "comeback" appeal) is supposed to get assigned to the original panel (or at least the original panel is supposed to be notified, and it can then decide to take it or not). This is spelled out in General Order 3.6(d). Sometimes, however, comeback cases slip through without this process. In a published order on Monday, the court admits that the comeback procedures weren't followed in the case (which, now after oral argument, is being reassigned to the original panel). The order also states "our court is taking internal measures to ensure that General Order 3.6(d) is strictly followed in the future."

Professor Martin's take on all this is one word: Oops.

In other 9th Circuit news, see Judicial Conduct and Disability Complaint Number 26‑90153, where Chief Justice John G. Roberts, Jr. has transferred the complaint regarding Circuit Judge Ryan D. Nelson, to the Judicial Council of the Fourth Circuit.

Bloomberg Law has Barrett, Kagan to Appear at Hearings on Supreme Court Budget

Supreme Court justices last testified publicly on their budget in 2019. Their practices in the past have also included private meetings with lawmakers to discuss funding.

Today's California civility published opinion from 4/3 is here. "Stonewalling the other side in such a manner, irrespective of any underlying intent or lack thereof, falls far short of conducting oneself with dignity, courtesy, and integrity."

2d Dist bids Farewell to Edmon & Collins

Second Appellate District Bids Farewell to Presiding Justice Lee Edmon and Associate Justice Audrey Collins -- The Second Appellate District marks the retirement of two long-serving colleagues, Presiding Justice Lee Smalley Edmon of Division Three and Associate Justice Audrey B. Collins of Division Four, both effective at the end of June 2026. Together, their nearly two decades on this court reflect a shared commitment to public service that shaped not just their divisions, but the district as a whole. The court extends its deepest gratitude for their years of dedicated service.

The DJ has 2nd District Court of Appeal loses two longtime justices to retirement -- Two longtime 2nd District Court of Appeal justices, Lee Smalley Edmon and Audrey B. Collins, retired at the end of June after distinguished careers spanning California state and federal courts.

Appellate round-up

The NLJ has Lucrative Book Deals, Concert Tickets, Classes in Prague: What We Learned from Justices' Financial Disclosures -- U.S. Supreme Court justices traveled far, received noteworthy gifts and made substantial sums from book publishers in 2025, according to their latest financial disclosure forms released by the judiciary.

Law360 has Justices' Concurrences Foretell Fault Line On Appeal Waivers and 
After Tense Terms, Hints Of High Court Harmony With Circuits and 
The Funniest Moments Of The Supreme Court's Term

Bloomberg Law has Detecting ChatGPT in Legal Documents Is Easier Than You Think

And today's DJ has Cite Out at the Big Nerd Corral (i.e., the Bluebook v. the Yellowbook). Yesterday's DJ had retired PJ Gilbert's column I Lied (where he continues discussing AI) and Myron Moskovitz's column Working, Part 2: Reviewing the Record.

The MetNews has C.A. Sanctions, Then Forgives, Pro Per for Phony Citations -- Opinion Recites That Self-Represented Parties Get No Special Treatment but Does Not Explain Lack of Penalty

And see Ninth Circuit Judge M. Margaret McKeown Joins Courts and Legal Community at Justice 250 Event

AI sanctions case against pro per

Today's AI sanctions case is from 4/2 in this unpub:

we find that Patterson has failed to show cause why she should not be sanctioned for relying on fabricated legal authority in her opening brief. Patterson “unreasonably violated rule 8.204(a)(1)(B) ‘by not support[ing] each point with citations to real (as opposed to fabricated) legal authority.’” (Schlichter, supra, 116 Cal.App.5th at p. 33; rule 8.276(a)(4).) We impose but suspend sanctions in the amount of $500.