Election profiles

Today's DJ has two more election profiles:

Smiley's rulings trace limits of law from flagpoles to criminal courts -- Justice Charles A. Smiley III has ruled on flag displays, criminal sentencing and probation conditions since joining the 1st District Court of Appeal after 18 years on the Alameda County bench.

Justice Stone reversed murder conviction after judge advised prosecutors -- Justice Natalie Stone reversed a murder conviction over a judge's efforts to aid prosecutors and has written on rent control, port emissions and criminal justice as she faces voters Nov. 3.

Today's DJ also has the special insert Top Boutiques 2026, which features Woodland Hills appellate boutique Benedon & Serlin, LLP.

Let's talk about writs!

The California Law Revision Commission has issued Memorandum 2026-32 (Aug. 6, 2026) "Writ Procedures: Introduction of Study":

The Legislature passed ACR 168 (Pacheco) on July 15, 2026, part of which directs the Commission to study “whether the Code of Civil Procedure should be revised, including, but not limited to, whether the statutes governing writ procedures should be revised.”

SFVBA 4-part Appellate mcle

For the San Fernando Valley Bar Assn, H&L's David Axelrad presents Appeals in California: What you Always Wanted to Know, a four-part series of one-hour programs at noon running Oct. 14 (an overview of the California state appellate process) & Oct. 21 (preserving issues for appeal), Dec. 2 (obtaining stays of enforcement pending appeal) & Dec. 9 (tips on appellate brief writing and oral argument).  Free to SFVBA members; $30 for non-members.

9th Cir. Chief Mediator retires

Stephen Liacouras, until recently the Ninth Circuit's Chief Mediator, has set up Liacouras Mediation:

• Full-time mediator since 2001; successfully resolved more than 1,000 complex civil disputes.
• Chief Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit, 2018–2026; Led the nation's largest court-staffed appellate mediation program.
• Circuit Mediator, U.S. Court of Appeals for the Ninth Circuit, 2001–2018.
• Mediation practice areas include business and commercial, civil rights, insurance, ERISA, employment, environmental and natural resources, intellectual property, personal injury and wrongful death, real property, housing, and financial services.
• Extensive teaching of mediation and negotiation skills to judges, attorneys, and law students.

More election profiles

 The DJ's latest batch of appellate profiles for the election are:

Mesiwala brings research attorney's eye to 3rd District bench -- Justice Shama Mesiwala, a former 3rd District research attorney, has written on prison credits, tribal child welfare and criminal procedure as she seeks a four-year term Nov. 3.

Martinez's eviction ruling reaches high court ahead of retention vote -- Presiding Justice Gonzalo C. Martinez, Jr., whose L.A. eviction ruling is before the California Supreme Court, has written opinions on government authority, consumer fees and environmental review as he faces voters Nov. 3.

Law.com has Appellate Trial Support: Accelerating Growth or ‘New Normal’ for Defense Teams? -- According to legal observers in Philadelphia, defense appellate trial support has become a fixture in high-stakes litigation.

Ability, not politics, for law clerks

Reuters has Judges say ‘fit’ and ability outweigh politics in law clerk hiring

Despite a perception among US law students that politics plays a key role in judicial clerk hiring, judges themselves say political ideology is not a top factor, according to a ​new study on how judges pick their clerks.
Instead, judges say they seek to identify law ‌students and recent law graduates who can meet their demands while getting along with everyone and ideally forming lifelong relationships.

Justices confirmed!

The DJ has Newsom nominees Giza, Pánuco and Hernandez confirmed to appellate courts -- The Commission on Judicial Appointments unanimously confirmed three Superior Court judges to California appellate courts, with supporters praising their legal expertise, judicial temperament and commitment to public service.

The Recorder has Commission Confirms Three to California's Courts of Appeal -- The confirmations leave just a few open appellate seats for Gov. Gavin Newsom to fill before he leaves office in January.

Law360 has Calif. Commission Bumps Up 3 Judges To Appellate Posts:

Los Angeles County Superior Court Judges Alexander Giza and Cindy Pánuco will fill seats in the California Court of Appeal's Second Appellate District, Division Three, in Los Angeles, the commission said. Orange County Superior Court Judge Maria Daghlian Hernandez, meanwhile, will become a justice of the Fourth Appellate District, Division Three, in Santa Ana.

Election profiles

 The DJ continues to roll out profiles of the justices up for retention election:

New presiding justice Cody brings close reading, collegiality to Division 6 -- Presiding Justice Tari L. Cody of the 2nd District Court of Appeal, Division 6, a former juvenile court judge known for taking the time to get rulings right, faces her first retention vote.

Wilson pairs focus on courtroom fairness with mentoring future lawyers -- Justice Charles E. Wilson II of the 6th District Court of Appeal has written on courtroom fairness, worker pay and government authority while building mentoring programs for future lawyers and judges.

Alito at Pepperdine last month

Pepperdine Caruso School of Law Hosts US Supreme Court Justice Samuel Alito, Judge Allison Jones Rushing, and Judge Andrew Oldham for Armand Arabian Advocacy Tournament

On Friday, September 25, 2026, Pepperdine University Caruso School of Law hosted the final round of its annual Armand Arabian Advocacy Tournament. The prestigious moot court competition challenges law students to argue complex, hypothetical legal issues before a distinguished panel of jurists. This year’s final round featured US Supreme Court Justice Samuel Alito presiding as chief justice, alongside judge Allison Jones Rushing of the US Court of Appeals for the Fourth Circuit and judge Andrew Oldham of the US Court of Appeals for the Fifth Circuit.

More election justice profiles

The DJ has:

Desautels' rulings weigh deference, responsibility and litigation choices -- Justice Tara Desautels' appellate opinions examine burdens, deference and trial tactics, reflecting an approach shaped by her years as a prosecutor and trial judge as she faces voters Nov. 3.

Justice Zukin helped build state's judicial mentor program, faces first retention vote -- Presiding Justice Helen Zukin of the 2nd District Court of Appeal, Division 4, a former complex-litigation lawyer who helped develop California's judicial mentoring program, faces her first retention vote.

Earl helped steer 3rd District out of years of delays -- Justice Laurie Earl helped lead the 3rd District out of a yearslong case backlog while emphasizing quality over speed, an approach reflected in her rulings as she faces voters Nov. 3.

Mori aims to bring equal-treatment focus to law, judging -- Justice Audra Mori, whose family's wartime internment shaped her views on fairness and equal treatment, has written opinions emphasizing statutory language and legal boundaries as she faces voters Nov. 3.

LASCAD seeks appointed counsel

The Superior Court of Los Angeles County’s Appellate Division is seeking qualified attorneys to represent indigent defendants. Upon Appellate Division approval, appointed attorneys are compensated by the Professional Appointee Court Expenditure (PACE) program at a rate of $100 per hour and are appointed to represent indigent defendants through an alphabetical rotation process. Occasionally, and in the interest of judicial economy and efficiency, an attorney may be appointed out of order when there is a related pending appeal for the same defendant. Email application materials (cover letter, resume, and two recent writing samples) to: Patti Jo McKay, Presiding Judge, Appellate Division, Care of Lynette Brooks at LBrooks@lacourt.ca.gov

Court of Appeal Holds Special Session for Alameda High School Students -- More than 400 Alameda High School students will attend oral argument of the First District Court of Appeal, Division Five.

DJ election profiles

The DJ appellate profile parade continues with:

 Justice Danny Chou, an appellate lawyer at heart, faces first retention vote -- Justice Danny Y. Chou of the 1st District Court of Appeal, a longtime public-law appellate lawyer who helped win marriage equality and a lead paint judgment against manufacturers, faces his first retention vote.

Appellate work has run through Chou's career. "One of the things I really do enjoy is research and writing," he told the Daily Journal in 2019, "to the extent that I've looked for work that includes that as a component." After Harvard Law School, he clerked for a federal judge, practiced privately and worked at the 9th U.S. Circuit Court of Appeals before spending seven years at the California Supreme Court, where he became a supervising staff attorney. In 2006, he became chief of appellate litigation at the San Francisco City Attorney's Office and helped establish the right of same-sex couples to marry in California in state and federal court.

Hoffstadt brings questioning style to role leading Division 5 -- Presiding Justice Brian M. Hoffstadt of the 2nd District Court of Appeal, Division 5, known for questioning lawyers early and often, asks voters to keep him on the bench.

1st District Presiding Justice Tracie Brown seeks 12-year term -- Presiding Justice Tracie L. Brown of the 1st District Court of Appeal, a former federal prosecutor who wrote the opinion largely upholding Proposition 22, seeks a full 12-year term.

Presiding Justice Stewart prizes consensus as murder law shifts -- Stewart, who argued San Francisco's marriage-equality cases before joining the bench, has written a series of opinions reversing denials of resentencing as California narrowed murder liability.

Former prosecutor, family law judge seeks full 12-year appellate term -- Justice Gregory J. Weingart, a former federal prosecutor, Munger Tolles partner and family law judge, brings a varied background to cases ranging from billion-dollar damages to domestic violence as he faces his first retention vote.

Former teacher's rulings range from school safety to dependency law -- Justice Victor G. Viramontes of the 2nd District Court of Appeal, a former civil rights litigator and sixth-grade teacher, faces his first retention vote.

tidbits

Law.com has Judge Newman Gets Suspension Fight Transferred To 11th Circ. -- The chief justice has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

And see: Year in Review: California Supreme Court 2025-2026 -- Highlights and key statistics from the 2025–2026 court year

Today's DJ has the monthly Exceptionally Appealing column, titled From the Mailbag.

2d Dist. COJA hearings on Oct. 9

Commission to Consider Appointments to the 2nd District Court of Appeal

The Commission on Judicial Appointments will hold public remote hearings on Friday, October 9, 2026, beginning at 9:30 a.m. to consider two appointments to the Second District Court of Appeal by Governor Gavin Newsom.

The following is the morning schedule:

9:30 a.m.: Judge Alexander Giza, as associate justice of the Second Appellate District, Division Three (Los Angeles)

10:30 a.m.: Judge Cindy Pánuco, as associate justice of the Second Appellate District, Division Three (Los Angeles)

Additional information about the appointments is available on the California Courts Newsroom webpage: Commission to Consider Appointments to Courts of Appeal | California Courts Newsroom

The hearing webcasts will be streamed live via the Upcoming Events link on the California Courts Newsroom.

Monthly DJ columns

The DJ has retired PJ Gilbert's column: Beware! -- The growing use of artificial intelligence in law and the courts risks replacing essential human judgment and interaction, while California's appellate retention process offers voters a chance to evaluate the justices entrusted with that responsibility.

The DJ also has Myron Moskovitz's column: Working, Part 6: Completing the brief --How technology and a multi-stage drafting and review process have made appellate brief writing more efficient, thorough and effective.

Big Law appellate moves continue apace. See Law.com's S&C Turns to Perkins, McGuireWoods to Restock Appellate Litigation Practice; Bloomberg Law's Sullivan & Cromwell Nabs Ashurst, McGuireWoods Appellate Chairs

And in case you missed it from Sept. 18 see Law360's Why Top BigLaw Appellate Lawyers Are Switching Firms

Happy First Monday!

It's the First Monday in October and so SCOTUS begins its new term.
The DJ has Supreme Court returns to 9th Circuit as new term opens -- The justices have already agreed to hear six appeals from the 9th Circuit, nearly matching last term's total, as major disputes over firearms, ERISA and Apple's battle with Epic Games reach the high court.

There's also a lot of Alito press out right now: E.g., The Washington Times has Alito says he knows who leaked Supreme Court draft opinion overturning Roe v. Wade -- "Justice Alito, 76, made the Sunday talk show rounds ahead of the release of his new book, “So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country” (Basic Liberty), which will be released Tuesday. Amid reports that he is weighing retirement, he said he considers doing so each year but has no immediate plans to step aside."

Law360 has Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

More justice profiles (for 2026 election)

The DJ's latest tranche of justice profiles are:

• He napped on a courthouse bench. Now he's asking voters to keep him on one -- Justice Victor A. Rodríguez of the 1st District Court of Appeal, who spent his career in public service and ran Alameda County's first dedicated domestic violence courtroom, faces voters for a full 12-year term.
• New Division 3 presiding justice faces voters with record of rulings that cut both ways -- A former dependency judge who put off applying to the appellate bench to gain trial experience, Justice Rashida Adams now leads an appellate court division.
• Petrou's PG&E defamation ruling heads to high court as she faces voters -- Justice Ioana Petrou, whose ruling wiping out a $2.16 million verdict against PG&E is before the state Supreme Court, faces her second retention vote Nov. 3.

1st DCA pro tem update

These current judicial officers are assigned to temporarily fill judicial vacancies at the First District:

• Judge Alexandra Robert Gordon, of San Francisco Superior Court, will be sitting pro tempore in Division Four until November 30, 2026.
• Judge Andrew E. Sweet, of Marin County Superior Court, will be sitting pro tempore in Division Two until December 4, 2026.

2d DCA 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 November 22, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through October 31, 2026
• Judge Jessica Delgado of the Santa Clara County Superior Court will be sitting Pro Tem in Division Three through November 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

Justice profiles for election

 The DJ continues to post pre-election profiles of justices on the November ballot:

• Burns' rulings trace boundaries of fairness in government proceedings
• Kim rulings weigh what public agencies owe employees, litigants, ratepayers
• Justice's dissents question results he says law cannot support -- Justice Kenneth R. Yegan, on the appellate bench since 1990, brings a direct writing style to disputes over criminal law, statutory interpretation and government authority as he seeks retention Nov. 3.
• Banke's rulings emphasize substance over labels as she seeks new term
• Richardson rulings explore who may turn to California courts and how