Dissental study

 Law.com has Trump-Appointed Judges More Likely to Pen 'Dissentals' Than Colleagues, Study Finds -- “What we have seen in recent years are examples that make the news headlines of the destructive sort of separate opinion, one that's not actually meant to reason to the right answer, but is written for another reason: to audition or to make waves or to attract the attention of groupies,” said William & Mary Law School professor Allison Orr Larsen.

• Judges appointed by President Donald Trump are more likely to pen dissents to denials of en banc rehearing, or DDRs, than their Democratic- and other Republican-appointed colleagues, a new study says.
• According to Larsen and Devins’ research, Republican appointees wrote 327 of the 487 total en banc denial dissents between 2014 and 2024 while their Democratic counterparts wrote only 160.
• Trump-appointed judges were 25% more likely to issue such dissents than other Republican appointees
• the three judges with the highest rates of such dissents written per year between 2014 and 2024 were Trump appointees based in the Ninth Circuit: Patrick Bumatay and Daniel Collins (each with 19 en banc denial dissents) and VanDyke (with 12). Bumatay and Collins joined the Ninth Circuit in 2019 and VanDyke the following year.

Justice Dawson (1948-2024) RIP

Justice Betty Dawson (June 26, 1948-Nov. 17, 2024). See Betty L. Dawson, first female presiding judge in Merced County, dies at age 76

Justice Joseph Grodin, RIP

Chief Justice Statement on the Passing of Former Supreme Court Justice Joseph Grodin

Chief Justice Patricia Guerrero today issued a statement on the passing of former California Supreme Court Justice Joseph Grodin. Grodin served on the state high court from December 1982 to January 1987. Said Chief Justice Guerrero:

Justice Joseph R. Grodin was a brilliant jurist whose contributions to California’s legal system—as a labor lawyer, Supreme Court justice, and professor—continue to resonate. Throughout his distinguished career, he exemplified a dedication to justice, fairness, and the rule of law. His thoughtful opinions and commitment to civil rights shaped the landscape of our state’s jurisprudence. As we mourn his passing, we honor his enduring legacy and the profound impact he had on our judiciary.

At the Lectern has Former Justice Grodin Dies and this.

[4/8/25 update: The Recorder has Former California Supreme Court Justice Joseph Grodin Dead at 94 --
Grodin, an Oakland native, spent decades shaping labor and employment law and teaching new lawyers.]

AI for appellate motions and more?

Bloomberg Law has US Courts Cautiously Experiment With AI to Speed Up Their Work

The First, Fifth, and Federal circuits are looking into possible uses of AI. For example, the Fifth Circuit is testing whether AI can make initial evaluations on motions for extensions of time or determine whether a party filed an appeal in time for it to be considered. Jarrett Perlow, the Federal Circuit’s clerk, also suggested an AI platform could generate a report on court statistics in seconds while it might take a court staffer hours to produce the same work.

Today's DJ has PJ Gilbert's column, April, not the 'cruellest' month -- A reflection on the impact of change, forgotten contributions of influential jurists (i.e., California's two great Chief Justices Phil Gibson and Roger Traynor), and the importance of clarity in legal opinions, framed by a nostalgic look at California's legal history and personal anecdotes.

New York Court Rejects Litigant's AI Avatar During Oral Argument

New York Court Rejects Litigant's AI Avatar During Oral Argument

The AP reports on a novel New York appellate hearing incident where a litigant replaced himself with an AI-generated avatar during oral argument. Judge Manzanet-Daniels was not amused, cutting off the video with "I don't appreciate being misled" after learning the litigant hadn't disclosed his plan to use AI in his application to present a recorded argument.

The self-represented appellant, Dewald, later apologized to the court, explaining he used a San Francisco tech company's product because he thought the avatar "would be able to deliver the presentation without his own usual mumbling, stumbling and tripping over words." Dewald admitted to the AP: "The court was really upset about it. They chewed me up pretty good."

This case highlights an important reminder for appellate advocates: technology may enhance our practice, but authenticity and transparency remain paramount in appellate advocacy.

Posted by James Mixon (SCAN)
Labels: Technology, Ethics, Oral Argument, Artificial Intelligence

New SG

Law360 has Senate Confirms Trump Nominee For Solicitor General -- The Senate voted 52-45, along party lines, on Thursday to confirm Dean John Sauer, a former personal attorney of President Donald Trump, to be solicitor general of the United States.

Bloomberg Law has Trump Lawyer Dean John Sauer Confirmed as Solicitor General -- Sauer is a former federal prosecutor and Missouri solicitor general who successfully argued at the Supreme Court last year on behalf of Donald Trump in his bid for immunity from criminal prosecution related to the Jan. 6, 2021, riot at the US Capitol. ... The former Antonin Scalia clerk raised eyebrows in two unusual Supreme Court filings on behalf of Trump before he retook office in January.

In other news of SoCal appellatey events:

• The Hon. Tani Cantil-Sakauye (Ret.) will keynote the 47th Pan Asian Lawyers of San Diego Annual Dinner on May 6.
• On May 16, retired Justice Victoria Chaney will present "Strive Mightily: Act Civilly" at the 31st Annual Construction Defect Seminar at the Disneyland Resort Hotel.

On the appealability front, see this unpub here and page 22 in this pub'd opinion here.

And see: 346 Former Judges in Amicus: Executive Order Against Perkins Coie 'Undermines the Rule of Law' -- "Signed by both former federal and state court judges, including those from local supreme courts, the brief advocates for the freedom of attorneys to take on clients." The list includes many California judges, such as retired justices Aronson, Bedsworth, Dondero, Ikola, Earl Johnson, Lambden, Perluss, Rivera, Sonenshine, Miriam Vogel, and Willhite.

Law360 has:

Man To Plead Guilty To Justice Kavanaugh Murder Attempt -- Attorneys for Nicholas John Roske of Simi Valley, California, submitted a letter Wednesday indicating that Roske plans to plead guilty to one count of attempting to assassinate a Supreme Court justice, which is punishable by a sentence of up to life in prison.

'Zero Support In The Bar': Judiciary Downsizes Amicus Project -- Faced with wide-ranging opposition and potential constitutional challenges, federal judiciary advisers Wednesday sharply scaled back plans to strengthen scrutiny of amicus briefs, a retreat that won praise from disparate corners of the legal industry. The decision to abandon some draft amendments to Federal Rule of Appellate Procedure 29 — while also advancing modest changes to the rule, which governs amicus filings in circuit courts — was an unsurprising move after a fiery hearing in February and a public comment period that elicited hundreds of often-critical letters.

US Courts workplace survey

Law.com has Less Than Half of Surveyed US Judiciary Staff Willing to Report Wrongful Conduct at Work

• According to a judiciary-wide national workplace survey, 42% of nearly 14,000 respondents reported a willingness to report misconduct, a figure that U.S. District Judge Julie Robinson of Kansas said is of concern to the judiciary.
• The 17-page report, which references a 2023 survey conducted by the Federal Judicial Center, also said half of respondents expressed low or moderate confidence in the judiciary’s formal path for resolving employment disputes and other processes.

Bloomberg Law has Third of Surveyed US Court Staff Report Bad Behavior at Work

• More than a third of surveyed judiciary employees reported experiencing at least one instance of inappropriate behavior in the workplace, while roughly 8% reported harassment or abuse, according to a new report.
• More than 10% of those who responded to the survey from federal defenders’ offices recounted experiencing wrongful conduct. Of the 2,325 people who work in judges’ chambers who responded, 4.6% said they’d experienced that sort of conduct at work.
The working group that released the survey was established in 2018 by Chief Justice John Roberts. The group’s creation followed the 2017 resignation of Judge Alex Kozinski, then on the US Court of Appeals for the Ninth Circuit, following allegations that he sexually harassed his female law clerks.

4/3's J.Goethals retires, joins ADR Services

Today's DJ reports Justice Thomas Goethals retires from 4th District, joins ADR Services

After serving for over two decades on the bench - including nearly eight years on the 4th District Court of Appeal - Justice Thomas M. Goethals has joined ADR Services Inc. as a neutral.
Goethals served on the 4th District from 2017 to 2025, authoring more than 500 legal opinions. He served on the Orange County Superior Court from 2002 to 2017, where he presided over approximately 300 jury trials.

1st DCA pro tem update

Retired Justice Peter J. Siggins will be sitting pro tempore in First District, Division Four until May 31, 2025.

Bloomberg Law has Supreme Court Laments 'Mini Epidemic' of Shifting Arguments -- Several US Supreme Court justices this term have lamented perceived post-grant bait and switches by the parties, with advocates advancing new rationales for their sides or urging the court to decide new issues they didn’t agree to take up.

• In addition to creating frustration for the justices, the changed positions can result in narrow rulings and even unanswered questions.

J.Sotomayor urges judicial independence

Bloomberg Law has Supreme Court Justice Says Judges Must Be ‘Fiercely Independent’ -- Supreme Court Justice Sonia Sotomayor told students at Georgetown University that judges should be “fiercely independent” in responding to growing challenges to the rule of law.

BASF's Appellate Law Section presents Lunch with the Justices of the First District, May 8, noon to 1:30, at the First District Court of Appeal.

The Appellate Section’s biennial luncheon with the Justices of the First District Court of Appeal is back after a long hiatus! The goal of the program is to learn what the Justices care about, while getting to know the Justices and developing a useful dialog between the bar and bench. Please sign up to take advantage of this opportunity to have an open discussion between the appellate bench and bar. During lunch, we will have prompted small-table discussions between lawyers and jurists, who will then share the results of those discussions with the other small tables.

Beds' latest column is Bedsworth: Eat Mor Chikin -- The issue is whether “boneless chicken wings” must be boneless recently split the Ohio Supreme Court right down the middle, writes retired Justice William Bedsworth.

Law360 articles of appellate note

Law360 has:

• New Bill Would Make Supreme Court Televise Future Sessions
• Even With Few Openings, Courts Can Still Shift Under Trump
• Quinn Emanuel Boosts Federal Clerkship Bonus To $175K

And the NYT has: Federal Judiciary Creates New Task Force With Threats on the Rise

A task force of federal judges will consider how to respond to “current risks” for the judiciary, following a spate of threats against judges who have ruled against the Trump administration.
According to an internal two-page memo distributed to federal judges on Wednesday and obtained by The New York Times, the new Judicial Security and Independence Task Force will hold its first meeting within the next 10 days.

2d District Primer updated

LACBA's Appellate Courts Section has updated its primer on Basic Civil Appellate Practice in the Court of Appeal for the Second District

Analysis of judges eligible for senior status

 Bloomberg Law has Trump’s Power to Stack the Courts Hinges on Pool of Aging Judges

There are at least 22 circuit judges appointed by Presidents George W. Bush, George H. W. Bush, and Ronald Reagan eligible for senior status, a form of semi-retirement. They include four each on the Fifth and Eighth Circuits, three on the Fourth Circuit, and at least one judge on every circuit except the First, Third, and Eleventh Circuits

Among those who’ve announced plans to step back since Trump’s inauguration two months ago include the Ninth Circuit’s Sandra Segal Ikuta, 70, and the Seventh Circuit’s chief judge, Diane Sykes, 67. Both were appointed by George W. Bush.

Those remaining include the Ninth Circuit’s Milan Smith, 82, who once said that he had no plans to retire and wished to “die with my boots on.”

Today's DJ has Johanna Schiavoni's Inside the Ninth Circuit's en banc process -- A recent program hosted by the Ninth Circuit provided insights into the complexities of the Ninth Circuit's en banc process, covering the mechanics, strategic tips, and factors influencing the success of en banc petitions and oral arguments. (Oddly, this article cites FRAP "35" several times, but that rule was merged into FRAP 40 at the end of last year, and so doesn't exist anymore. Update: the online version of the article has been fixed to note the "former" FRAP 35.) 

Law Day rally at 9th Cir. Browning Courthouse

Today's DJ has 250 years after Patrick Henry's cry, is legal independence dying on our watch? by BASF President Charles Jung, who issues a "specific call to action":

May 1, 2025, is Law Day, the day designated to reflect on the importance of the role of law for our country. On that day, I ask every lawyer, judge, and community member to join us for a public demonstration of support for the rule of law. Let's stand together - at noon (12 p.m.) on the steps of your nearest federal courthouse. In San Francisco, we'll gather at noon at the steps of the Ninth Circuit Courthouse. There we will reaffirm our commitment to judicial and legal independence.

RBG Zoom Lecture

 

The National Judicial College presents the Justice Ruth Bader Ginsburg Lecture, "My Friend Ruth," featuring by Prof. Arthur Miller, March 28, at 11 a.m. Pacific.

Professor Miller first met Ruth Bader Ginsburg when they, along with RBG's husband Marty, were law students at Harvard. The pair would become lifelong friends, both successfully arguing cases before the Supreme Court of the United States, and maintaining that bond of friendship as she ascended to the Supreme Court herself and he established a prestigious career at Harvard, and later NYU.

Bloomberg Law has Justice Amy Coney Barrett's Lucrative Memoir to Come in Fall -- Barrett’s “Listening to the Law: Reflections on the Court and Constitution,” will come out Sept. 9 in the run up to the Supreme Court’s new term, Penguin Random House announced Friday.

 

Video dissent on YouTube

Today's DJ has Federal judge sparks uproar with gun-filled YouTube dissent -- Judge Lawrence VanDyke posted an 18-minute YouTube dissent against the 9th Circuit's ruling upholding California's large-capacity magazine ban. Senior Judge Marsha Berzon, joined by the chief judge and four others, condemned the video--where VanDyke handles various guns--as "wildly improper" for including facts outside the record.

On the LACBA Appellate Courts Section list-serve, appellate specialist Dan Barer comments:

Is this the appellate opinion of the future? The 147-page en banc opinion in this case (not to mention the 104-page separate order regarding whether the en banc court has statutory authority to decide the appeal) is supplemented by Judge VanDyke’s 18-minute YouTube video, in which he discusses firearm mechanisms, and illustrates his point with multiple examples. Appellate courts (including the U.S. Supreme Court) have been linking to video footage for several years; indeed, a dissenting Ninth Circuit judge did so in one of my cases (Vos v. City of Newport Beach). But this is the first instance I’ve seen of a judge actually delivering a video lecture as part of an opinion. Appellate opinions are evolving.

Law.com has ‘Wildly Improper’: Judge’s Video Dissent Showing Handguns Sparks Colleagues' Criticism -- The 18-minute video was part of Judge Lawrence VanDyke’s dissent to the U.S. Court of Appeals for the Ninth Circuit's holding that large-capacity magazines are neither “arms” nor necessary accessories to operate an “arm” protected by the Second Amendment.

Bloomberg Law has Judge VanDyke Displays Handguns in Unusual Video Dissent

VanDyke has written sharp opinions jabbing at his colleagues before. In 2022 he wrote an alternate draft opinion in a separate gun case that he suggested a majority of the en banc court might adopt, if they were to review his decision. “You’re welcome,” he wrote sarcastically.

Law360 has 9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube

The Wall St. Journal has Gun-Handling Judge Posts a Novel YouTube Dissent in Second Amendment Case

A federal appellate judge took the maxim “show, don’t tell” to a new level Thursday in a novel dissent to a closely watched Second Amendment case. “This is the first video like this that I’ve ever made,” said Circuit Judge Lawrence VanDyke in a YouTube video he recorded, in his chambers, as the bespectacled jurist in his black robes handled a handgun and explained its mechanics and operation to the camera.

The SF Chronicle has 9th Circuit judge handles a cache of firearms while robed in bizarre video dissent

 

New Civil Central Staff Director

California Supreme Court Names New Director of Civil Central Staff
The California Supreme Court has named Erin Rosenberg as the new director of its Civil Central Staff, effective May 5.

Rosenberg replaces Lisa Walker, the staff’s director since 2018, who will retire after serving the court for nearly 30 years. Rosenberg has been with the California Supreme Court for 10 years, serving first as a research attorney on Civil Central Staff and later as a chambers attorney for both Chief Justice Patricia Guerrero and former Chief Justice Tani G. Cantil-Sakauye.

[3/21 DJ has Veteran Supreme Court attorney to oversee civil case review -- Erin Rosenberg will lead the 15-member team that supports the high court in reviewing civil petitions, writs of mandate, publication and depublication requests, and attorney disciplinary matters.]

AI "court reporters" in AZ

 

AZ Supreme Court's New "Reporters" Aren't Human
Arizona's highest court has unveiled AI-generated avatars Daniel and Victoria to deliver court news. KVOA reports these digital personas will explain cases and decisions on the court's website and social media. "We want to help you understand the court and its decisions better and make sure you get accurate information directly from us in a timely way," says Daniel, one of the court's AI reporters. Victoria, his digital colleague, explains their purpose: "Our goal is to bridge the gap between complex legal proceedings and the Public's understanding of them."
The Associated Press confirms this is the first U.S. state court system using AI characters as the official "face" of court news. KVOA reports that Chief Justice Ann Scott Timmer is “thrilled” about the innovation, while The Center Square quotes Media Research Center's Dan Schneider cautioning the Chief Justice “needs to use serious caution when selecting AI programs.”
The irony is striking: The institution that determines rights for humans now employs non-humans to explain its reasoning to the public. The court of public opinion will ultimately render the verdict on this experiment.

7th Cir. Chief Judge Sykes to go senior

Law.com has 7th Circuit Chief Judge Diane Sykes to Take Senior Status -- Sykes, who joined the Seventh Circuit in 2004 after serving on the Wisconsin Supreme Court, was reportedly on President Donald Trump’s shortlist of judges to replace Justice Antonin Scalia.

U.S. Court of Appeals for the Seventh Circuit Chief Judge Diane Sykes will be taking senior status on Oct. 1, giving President Donald Trump a seat to fill on the Chicago-based appellate court.

Speaking of the 7th, that court's annual conference will be August 17-19 at the Swissotel in Chicago, and will feature: Paul Clement, Ross Guberman, Pulitzer Prize-winning author Gilbert King, Elizabeth Prelogar, and others, as well as plenary sessions on AI and the law. Register for the conference by clicking this link: https://registration.crowdcomms.com/benchbarconference25/register

SAJEC seeking info!

The LACBA State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Second District Court of Appeal justice Helen Zukin for possible appointment as the Division Four Presiding Justice, and Los Angeles Superior Court judge Nicholas Daum for possible appointment to the Court of Appeal. If you have input on either candidate, please complete the questionnaires linked below. Elaborations in the comments fields are especially helpful. To provide input beyond the questionnaire, contact committee chair Alana Rotter at arotter@gmsr.com. SAJEC appreciates your help!

https://www.surveymonkey.com/r/SAJECDaum

https://www.surveymonkey.com/r/SAJECZukin