Respondents' RT deposits

Superior Court of Los Angeles County Provides Clarification Regarding Respondent Deposits for Copies of Reporter’s Transcripts on Appeal
Court Clarifies Deposit Requirements and Copy Options in Unlimited Civil Cases

The Superior Court of Los Angeles County is providing clarification regarding deposits and copy options for respondents who request a copy of the Reporter’s Transcript on Appeal in unlimited civil cases.

Under the California Rules of Court, appellants who elect to use a reporter’s transcript as the record of oral proceedings must designate the proceedings to be transcribed and deposit the estimated cost of transcription with the Court. The amounts to be deposited are outlined in California Rules of Court, Rule 8.130(b)(1). Alternative options to the deposit are outlined in California Rules of Court, Rule 8.130(b)(3).

Respondents may also designate additional proceedings for inclusion in the reporter’s transcript. When respondents designate additional proceedings, they must deposit funds or utilize an alternative option as outlined in California Rules of Court, Rule 8.130(b)(1) and (3). The amount deposited by the respondent is to cover the reporter’s cost to transcribe the additional proceedings and provide an original for the reviewing court and a copy for the appellant. It does not cover the costs for the respondent to receive a copy of the reporter’s transcript on appeal.

Guidelines for Respondents Requesting Transcript Copies

Respondents requesting a copy of the Reporter’s Transcript on Appeal can place an optional deposit charged at the same rate that is charged when parties designate proceedings that have been previously transcribed, pursuant to California Rules of Court, Rule 8.130(b)(1):
Proceeding previously transcribed: $80 per proceeding that did not exceed three hours, or $160 per proceeding that exceeded three hours.

The optional deposit is to include all the dates designated by the Appellant and Respondent, as the Court can only order and provide a complete copy of the Reporter’s Transcript on Appeal.

Respondents who do not wish to submit the optional deposit for the Court to order and deliver to them a full copy of the Reporter’s Transcript on Appeal, or those seeking copies of select dates or individual proceedings, must reach out directly to the court reporter.

The largest trial court in the nation, the Superior Court of Los Angeles County, serves a population of almost 10 million in 36 courthouses with a jurisdiction covering over 4,000 square miles that includes 88 cities, 140 unincorporated areas and dozens of law enforcement agencies. The Court is steadfast in its mission to serve our community by providing equal access to justice through the fair, timely, and effective resolution of all cases. For more information on the Court’s current programs and services, follow the Court on X (@LASuperiorCourt), Instagram (@LASuperiorCourt), Threads (@LASuperiorCourt ), or visit the Court’s website, www.LACourt.ca.gov.

3d Dist. Mediator Training

The Court of Appeal, Third Appellate District, is pleased to announce that it is again recruiting attorneys and retired judges to join its mediator panel. Attorneys and retired judges throughout the 23 counties served by the Third District Court of Appeal are encouraged to apply. The appellate mediator training course is limited to 24 participants and provided at no cost to the participants. The mediator training will be conducted at the Judicial Council of California located at 2850 Gateway Oaks Drive, Sacramento, CA 95833.

In consideration for providing the training, the Appellate Mediation Program mediators must agree to accept up to four mediation referrals. The first four hours of all mediations referred by the Court are to be offered pro bono; any mediation time exceeding four hours may, with agreement of the parties, be charged at the mediator’s hourly rate, paid by the parties. Session One: May 28, 2026 (12:30 p.m.-5:00 p.m.); May 29, 2026 (8:30 a.m.-5:00 p.m.); Session Two: June 3 (8:30 a.m.-5:00 p.m.) and June 4 & 5, 2026 (8:30 a.m.-5:00 p.m.)

View here for further information about the announcement.

The application to join the mediator training can be found on the Court's Mediation Program page.

AI in SCOTUS practice

Law.com/NLJ  has 'The Technology Is There': Supreme Court Practitioners Quietly Embracing AI

In interviews with the National Law Journal, prominent Supreme Court advocates reported using generative AI tools in their day-to-day legal practice, including everything from basic legal research to drafting portions of briefs, such as introductions, argument summaries and even questions presented. ....

Some high court advocates say there is still something of a "stigma" about using AI, largely driven by headlines of attorneys submitting court filings with AI-hallucinated case citations. Indeed, one researcher, Damien Charlotin, has put together a running database documenting more than 800 instances of AI hallucinations in court proceedings around the world.

And don't miss Bloomberg Law's Tennessee Man Pleads Guilty to Hacking Supreme Court System:

Moore admitted that he accessed the Supreme Court’s online filing system on 25 days in a roughly two-month span, from August to October 2023, by using the stolen credentials of an authorized user .... 
The charges follow separate attacks on the judiciary’s electronic filing system. The federal judiciary revealed last year that the federal courts’ case management system, which is separate from the Supreme Court’s, had suffered a cyberattack.
The attack exploited vulnerabilities targeted in an earlier breach in 2020. Russian government hackers lurked for years in the judiciary’s records system.
The breach prompted federal trial courts to take new measures to restrict electronic access to sealed documents.

Silber to Dykema

Former AUSA Erik Silber joins Dykema's Los Angeles office. He is now a Senior Counsel in Dykema's Commercial Litigation Practice Group, the firm’s White Collar and Government Investigations group, and its Appellate and Critical Motions Practice. 

Former Assistant U.S. Attorney/Chief of Post Conviction and Special Litigation Section Erik M. Silber Joins Dykema in Los Angeles dykema.com

"He has supervised, edited, and filed hundreds of other appellate briefs and participated in hundreds of moot courts to prepare colleagues for argument. Erik has also tried six federal cases as a lead or solo counsel and directly supervised more than 40 federal trials as a supervisor of new AUSAs (Acting Chief and Deputy Chief of the General Crimes Section), providing insight and guidance on all aspects of the trial, including potential appellate issues. He served as an adjunct professor of criminal procedure at USC Gould School of Law and as a guest lecturer for white collar crime and appellate advocacy at Loyola Law School."

JAMS wins 3d Dist. RFP for mediation training

Last year the 3d District had put out an RFP for "the services of a person or entity with expertise in training mediators to conduct fundamental appellate mediation training sessions for no more than 24 applicants to the Court’s mediation panel."  Well, the winner is ... JAMS Pathways.

Is that a gun in your pocket, your honor?

The Wall St. Journal has Help Federal Judges Protect Themselves, by Judge Elizabeth Branch (11th Cir.) and Robert Wilkins (D.C. Cir.), in which they write:

we support the Protect Our Prosecutors and Judges Act, introduced by Sen. Tom Cotton of Arkansas. The bill would allow federal judges and prosecutors who have completed law-enforcement firearms training in their home jurisdiction to carry concealed guns across state lines.

Blue Bible now a paperback!

 

The 2026 edition of the Blue Bible (aka The Rutter Guide on Civil Appeals & Writs) is out, and guess what? Say goodbye to the old three-ring binders and say hello to brand new paperback volumes.

Yes, you may miss the tabs, but you won't miss updating the pages into the binders. And the paperbacks take up less shelf space (in height and width).

Scuttlebutt is that all the other Rutter guides had already gone to paperback and that the appellate one was the last to make this conversion.  

Goldstein trial begins / Don't split the 9th

Bloomberg Law has Tom Goldstein’s Defense Hinges on Giving the Jury Good Guy Vibes - Tom Goldstein—the former US Supreme Court advocate and blogger with a years-long ultra high-stakes gambling habit—heads to trial Monday in a case that may turn on whether the jury thinks he’s “a good guy or a bad guy.” ... The government has listed more than 60 potential witnesses and more than 1,000 exhibits, some of which are hundreds of pages in length. The trial is expected to last about a month.

Law360 has Gov't Can't Use NYT Article As Evidence In Goldstein Trial -- A Maryland federal judge on Friday barred prosecutors from pre-admitting Thomas Goldstein's statements in a New York Times article as evidence in the SCOTUSblog co-founder's tax fraud trial, but she left open the possibility for the government to call either Jeffrey Toobin, the article's author, or a Times fact-checker, as a witness. Jury selection for the trial is scheduled to begin Monday and opening arguments on Wednesday.

Law360 also has 9th Cir. Judge Clifford Wallace's piece The Case For Emulating, Not Dividing, The Ninth Circuit

The bill [The Judicial Reorganization Act], which is currently under consideration by the Senate Judiciary Committee, would split the Ninth Circuit into two new circuits: a new Ninth Circuit covering California, Guam and Hawaii; and a Twelfth Circuit with jurisdiction over Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington. The legislation would also increase the total number of judges in the two circuits. In October, another bill advancing these efforts, the Judicial Efficiency Improvement Act, was introduced in the Senate.

Appellate Specialization news

The State Bar's Legal Specialization Unit is seeking dedicated specialists to join a Working Group for the Appellate Law specialization. Apply here.

The LSU also recognizes specialists reaching milestone anniversaries in 2025, including 20-year appellate specialists: Kenneth Michael Stern, Anthony Dain, Marc Zilversmit, Jeanine Strong, Sean SeLegue, Peter Pierce, Laurie Hepler, Eric Larson.

DJ Launches The Doghouse Report

The DJ is launching new newsletters, one of which is John Roemer's The Doghouse Report, which will be:

A weekly insider look at developments at the California Supreme Court, examining the cases before the Court, the dynamics among the justices, and the interplay between the high court, the lower courts, and the federal judiciary. Published on Fridays

Beds joins Judicate West's APG

 

Beds has joined the Appellate Practice Group of Judicate West. That group has retired justices Zelon, Aaron, and Bruce Smith.

SCOCAblog has posted its SCOCA year in review 2025 about which At the Lectern has posted as well here.

Law360 has Fla. 'Grim Reaper' Atty Facing Bar Admonishment Over Appeal -- A referee with the Florida state bar recommended that an attorney who appeared on state beaches dressed as the Grim Reaper early in the COVID-19 pandemic face admonishment for listing co-counsel on an appeal in a case against Gov. Ron DeSantis without consent. .... "As an officer of the court, respondent is held to a higher standard," the state bar said in the filing. "Respondent knows or should have known that he cannot include other attorneys' names and bar numbers on his pleadings without their express consent."

And Law360 has 'Get Over' Yourself, Ho Says To Judges' Independence Worry -- Judge Ho, who was appointed to the Fifth Circuit by President Donald Trump, penned a fiery opinion piece published Monday by the Harvard Journal of Law & Public Policy asserting that the judiciary is not a co-equal branch of the government but might be the most arrogant, with members of the bench recently raising what he called "profoundly insincere" concerns about judicial independence. ABAJ has Federal appeals judge tells fellow judges 'to get over themselves'

And see this unpub from 2/6, B336569.PDF, about how NOT to file two separate reply briefs in response to two respondents' briefs.

Appellant should have filed a single reply to all respondents’ briefs. California Rules of Court, rule 8.200(a)(3) provides, “Each appellant may serve and file a reply brief.” (Italics added.) The rule does not say that, if there are multiple respondents’ briefs, an appellant may file a separate 14,000-word reply to each respondent’s brief. .... This court should not have the burden of reviewing two 46-page reply briefs, substantial portions of which cover the same issues, when a single 46-page brief within the 14,000-word limit would suffice. Accordingly, the motion to file a second reply brief is denied.

Appellate seat vacancies

All 29 spots for the 9th Circuit are current filled. You can always check the status of that here.

But in CA, there are a number of open seats for justices, including on the Cal Supreme Court. To check on the status of judicial vacancies, the Judicial Council has a page that reports on that as of the 1st of each month here. The report for Jan. 1, 2026, shows 9 appellate vacancies (but seems to be missing retired PJ Gilbert's seat, so perhaps the real figure is 10).

And you can watch recorded CJA confirmation hearings here.

Today's DJ has the monthly Exceptionally Appealing column, which is As the (appellate) world turns: The 2025 appellate year in review

Great appellate reading

 

There's a whole lot of appellatey goodness here: Supreme Court Historical Society publishes its annual Journal, a “special” one

Retired PJ Gilbert's first post-retirement DJ column, titled It Happened, is in today's paper. He writes:  "I can only think of one New Year's resolution that I cannot keep, not to criticize or express my bafflement over Supreme and appellate court opinions. Notice I did not indicate the particular Supreme Court."

Law360 has Newman Eyes High Court After Latest Loss On Suspension -- An attorney for Federal Circuit Judge Pauline Newman said Friday the 98-year-old judge plans to appeal to the U.S. Supreme Court after the full D.C. Circuit refused to reconsider a decision affirming the dismissal of her lawsuit challenging her suspension.

The NYT has Supreme Court Increasingly Favors the Rich, Economists Say -- A new study found that the court’s Republican appointees voted for the wealthier side in cases 70 percent of the time in 2022, up from 45 percent in 1953. See RULING FOR THE RICH: THE SUPREME COURT OVER TIME

And for a critique, see the WSJ's The Allegedly ‘Pro-Rich’ Supreme Court - WSJ

2025 Year End Report on the Federal Judiciary

Chief Justice Roberts has issued the 2025 Year End Report on the Federal Judiciary 

The NLJ has In Year-End Report, Roberts Looks Ahead to Nation's 250th Birthday -- In his year-end report, Chief Justice John Roberts Jr. celebrated the enduring power of the Declaration of Independence and subtly rebuked the call for term limits for members of the judiciary. "This arrangement, now in place for 236 years, has served the country well," he wrote of life tenure protections.

2d Dist. pro tem update

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

• Justice Peter J. Siggins (Retired) of the First District Court of Appeal will be sitting Pro Tem in Division Two until January 31, 2026 

• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five until February 17, 2026 

• Judge Michael C. Kelley of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Six until January 31, 2026 

• Judge Alexander C.D. Giza of the Los Angeles County Superior Court will be sitting Pro Tem in Division Seven until February 28, 2026 

LAP sues 2d Circuit

The NLJ has Group Files Complaint Against 2nd Circuit Judge, Alleges Mistreatment of Clerks -- The Legal Accountability Project, which advocates for law clerks, stated in a news release Tuesday that its complaint is based on information it received from several former clerks raising concerns about Sarah A.L. Merriam’s workplace conduct.

Appellate sanctions

4/1 imposes appellate sanctions of $3K for filing a false notice of settlement here. Plus additional sanctions to be awarded later. The MetNews article is C.A. Imposes $3,000 Sanction for False Notice of Settlement, Other Breach of Duties

Amicus Briefs Matter!

The New York Times has How a Scholar Nudged the Supreme Court Toward Its Troop Deployment Ruling -- Accepting an argument from a law professor that no party to the case had made, the Supreme Court handed the Trump administration a stinging loss that could lead to more aggressive tactics.

Also in the NYT He Was a Supreme Court Lawyer. Then His Double Life Caught Up With Him. Thomas Goldstein was a superstar in the legal world. He was also a secret high-stakes gambler, whose wild 10-year run may now land him in prison.

Storm causes 2/6 power outage

2nd District Court of Appeal, Ventura, Division Six - Power Outage
Due to the current rain event, electrical power services to Division Six in Ventura have been disrupted, and telephone services have been impacted. The power loss may persist throughout the rain event. For case information, you may contact the Los Angeles office of the Second District Court of Appeal at (213) 830-7000.

Appellate lawyers appointed to LASC!

 

Congrats to Johnathan Eisenman:

Jonathan Eisenman, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Eisenman has served as the Assistant General Counsel at the Los Angeles Department of Water & Power since 2025. He served as a Deputy City Attorney at the Los Angeles City Attorney’s Office from 2018 to 2025. Eisenman worked as an Associate at Greines, Martin, Stein & Richland from 2015 to 2018. He served as a Law Clerk at the U.S. District Court for the Central District of California from 2014 to 2015 and from 2011 to 2012. Eisenman served as a Law Clerk at the U.S. Court of Appeals for the Ninth Circuit from 2012 to 2013. He was an associate at Akin, Gump, Strauss, Hauer & Feld from 2008 to 2011. Eisenman received a Juris Doctor degree from the University of Texas School of Law. He fills the vacancy created by the retirement of Judge Scott T. Millington. Eisenman is a Democrat.

And to Erin Reed:

Erin Reed, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Reed has served as a Senior Appellate Court Attorney at the Second District Court of Appeal since 2017, where she also served as an Appellate Court Attorney from 2014 to 2017. Reed worked as an Associate at Collins & Collins from 2013 to 2014. She served as a Judicial Clerk at the New Mexico Court of Appeals from 2010 to 2013. Reed received a Juris Doctor degree from the University of California, Davis School of Law. She fills the vacancy created by the elevation of Judge Armen Tamzarian to the Court of Appeal. Reed is a Democrat.