Half-Time Research Atty job in Div. 7

Associate Justice John L. Segal of Division Seven of the California Court of Appeal, Second Appellate District, located in Los Angeles, is accepting applications for a half-time judicial chambers attorney. The attorney will work collaboratively with the justice and other judicial attorneys to prepare opinions in a wide variety of cases. The attorney’s duties will include reviewing appellate briefs and trial records, researching and analyzing the law, identifying issues that may require further briefing, helping prepare draft opinions, reviewing and proofreading opinions by the justice, and performing other tasks assigned by the justice. Apply online at http://www.courts.ca.gov/careers and search for JO#6566.

 

RIP J.Ikuta (1954-2025)

 The MetNews reports Ninth Circuit Senior Judge Sandra S. Ikuta Dies

Sandra Ikuta, who was appointed to the Ninth U.S. Circuit Court of Appeals in 2006, has died, one month after assuming senior status. The court did not make an announcement of her death. However, a memorandum opinion in an immigration case, filed yesterday, says in a footnote: “Judge Sandra Ikuta, who was a member of the panel at the time the case was argued, passed away on December 7, 2025. In accordance with General Order 3.2(h), this opinion (or memoranda) is issued by the remaining panel members as a quorum pursuant to 28 U.S.C. § 46(d).”

J.Murray (ret.) publicly censured

Today the CJP issued a 38-page Decision & Order Imposing Public Censure and Bar Pursuant to Stipulation in In the Matter Concerning Former Justice William J. Murray, Jr., No. 211.

Former Justice Marray will not seek or hold judicial office, accept a position or an assignment as a judicial officer, subordinate judicial officer, or judge pro tem with any court in the State of California ....

The Recorder has Retired Justice Censured for Delaying Cases for Years -- Retired Third District Court of Appeal Justice William Murray Jr. agreed to the facts in the discipline agreement but said the findings lacked context.

The DJ has CJP issues public censure of ex-justice, leaves key questions unanswered -- Decision cites decade of chronic delays but remains silent on health issues, pension concerns raised by critics.

Law360 has Retired Calif. Judge Censured For Case Delays

Law360 also has Fla. Atty Faces Bar Referral Over 'Hallucinated' Case In Filing (opinion here):

Unfortunately, we're finding this problem arising more and more frequently. Just a few months ago, our court issued an opinion referring another lawyer to the Florida Bar for similarly relying on generative artificial intelligence to essentially write his appellate brief without checking the veracity of authorities cited in that brief. See Clerk of Ct. & Comptroller for 13th Jud. Cir., Hillsborough Cnty. v. Rangel, No. 2D20241772, 2025 WL 2486314 (Fla. 2d DCA Aug. 29, 2025).

Introductions in briefs

Bloomberg Law has Appeals Judges Push to Clearly Allow Introductions in Briefs

Two federal judges are urging the judiciary to tweak a rule to explicitly allow lawyers to include an “introduction” section at the top of their appellate briefs. Judge Kevin Newsom and Chief Judge William Pryor, both of the US Court of Appeals for the Eleventh Circuit, said in a letter that introductions are effectively lawyers’ “elevator pitch,” in that it “briefly introduces the dispute, tees up the key issues, and explains why they should be resolved in a particular way.” They’re asking the Advisory Committee on Appellate Rules to modify an existing rule “to permit—and perhaps subtly encourage” lawyers to lead with introductions in their written arguments.

...

While introductions aren’t banned under the Federal Rules of Appellate Procedure, they aren’t explicitly allowed either. .... that can lead to clerks’ offices rejecting briefs for violating court rules.

Watford to Chair The Appellate Project

 

As a former judge on the Ninth Circuit, I witnessed the influence appellate courts wield and the negative consequences that arise when our appellate courts do not reflect the communities whose lives they touch. I saw firsthand how the appellate bar remains an insular world, one often accessible only to those with long-standing networks and institutional advantages. Your gift today will help change that reality. As I assume the role of Board Chair at The Appellate Project, I remain committed to building an appellate system that truly represents all of us. TAP is already making real progress by empowering law students and young professionals with the mentorship, training, and community they need to thrive in appellate practice. Will you join me in advancing this effort? Your gift of $50, $100, $250, or more will deliver the coaching, connection, and opportunity that tomorrow’s appellate leaders need. Every contribution moves us closer to a judiciary that reflects the diversity and promise of our nation. When the next generation of appellate leaders truly represents all of us, our justice system will be that much stronger. Thank you for investing in this work and for helping build a more just and equitable future. With appreciation, Paul J. Watford Partner, King & Spalding Incoming Board Chair, The Appellate Project

ALSO: A group of TAP supporters has come together to match all gifts made between now and December 31st, up to $25,000. They stepped forward because they believe deeply in ensuring that talented students and early-career professionals have a pathway into appellate work. Your gift right now will have twice the impact.

Appellate tidbits

A couple case notes:

In this published opinion from the 3d, the court dismisses an appeal from a sanctions order as non-appealable (see pp. 26-29).

In this nonpub from 2/3, the court denies a motion to dismiss an appeal (arguing that the right to appeal was waived by voluntarily satisfying the judgment in full):

“[W]hen there has been a payment of the judgment by the appellant, he does not lose his right to appeal if it is compulsory, such as under execution or other coercion.” (Reitano v. Yankwich (1951) 38 Cal.2d 1, 3 (Reitano).) Payment of a judgment is presumed compulsory unless the payment was made “ ‘by way of compromise and settlement or under an agreement not to appeal or under circumstances leaving only a moot question for determination.’ [Citation.]” (Id. at p. 4; see also Retzloff v. Moulton Parkway Residents’ Assn., No. One (2017) 14 Cal.App.5th 742, 748 (Retzloff).) A respondent, as the moving party, has the burden to demonstrate that the parties entered into a compromise and settlement or an agreement not to appeal. (Coldwell Banker & Co. v. Department of Insurance (1980) 102 Cal.App.3d 381, 401.)

In the DJ, Justice Hoffstadt has Legacies: Reclaiming civility and upholding the rule of law -- The evolution of the legal profession over recent decades -- marked by gains in diversity and technology but a troubling decline in civility -- underscores the need for lawyers to recommit to the profession's noble, mentorship-driven traditions to preserve our collective legacy and strengthen the rule of law.

From what I have personally observed (which is all I can speak to firsthand), there has been a notable backsliding in civility in our profession. Filings are more commonly sprinkled with histrionic hyperbole and ad hominem attacks, and are more often accompanied by appendices attaching e-mail exchanges between counsel that positively drip with vitriol and contempt. Filings seem quicker to accuse judges of being biased, prejudiced, "on the take," or fools. And counsel during proceedings are more often confrontational, rude or disrespectful to the bench and to opposing counsel. Counsel also seem more willing to make 10 arguments in a filing instead of three, and as a consequence, to make arguments that border on the frivolous.

And note from Law.com US Lawyer Head Count Reaches All-Time High -- Currently, there are 1,374,720 lawyers in the U.S. as compared to 1,355,963 in 2024—a 1.38% increase from 2024, according to the ABA’s 2025 Profile of the Legal Profession.

"Supreme Advocacy" now online

 

“Supreme Advocacy: What It Takes to Argue at the Supreme Court” offers an unprecedented, behind-the-scenes look at what it takes to argue before the nation’s highest court.

Follow Roman Martinez of Latham & Watkins, a veteran Supreme Court advocate, as he argues on behalf of a girl with a disability who claims that her education rights were denied.

Featuring insights from former Solicitor General Elizabeth Prelogar, legal journalist Nina Totenberg, and other leading voices in the legal world, Supreme Advocacy reveals the strategy and pressure that defines American law. Read more and watch the full Bloomberg Law film on YouTube.

New documentary follows 'rising star' as he takes his case to the Supreme Court

Justice Jenkins farewell video posted

Video: California Supreme Court Honors Retired Justice Martin Jenkins

The California Supreme Court concluded its oral argument session Wednesday with an emotional sendoff to colleague Justice Martin Jenkins, who retired after five years with the court and more than 35 years of judicial service.

Chief Justice Patricia Guerrero said Jenkins had worked “tirelessly to improve the administration of justice for all of our courts…as we try to grapple with the most challenging legal and practical problems facing our state.”

“Thank you for your invaluable service to the people of this state,” Chief Justice Guerrero said. “You’ve had a remarkable and distinguished career, serving at virtually every level of both our state and federal courts. At each stage, you have served with integrity and distinction.”

Jenkins, 71, was appointed by Governor Gavin Newsom in 2020 and was the first openly gay justice and the third African-American man to serve on the court.

Jenkins spent almost two years advising Governor Newsom on judicial appointments prior to filling the vacancy on the court created by Justice Ming Chin’s retirement. Before joining the Newsom administration, Jenkins served as an associate justice on the First District Court of Appeal from 2008 to 2019 and as a federal district judge at the U.S. District Court for the Northern District of California from 1997 to 2008. Earlier, Jenkins served as a judge on the Alameda County Superior Court (1992–1997) and on the Oakland Municipal Court (1989–1992). Jenkins’s prior experience as a practitioner included three years as a trial attorney with the U.S. Department of Justice and three years as a prosecutor with the Alameda County District Attorney’s Office.

2d District 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 December 31, 2025.

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

• Judge Denise Hippach of the Santa Barbara County Superior Court will be sitting Pro Tem in Division Six until December 31, 2025.

RIP Jonathan Demson

The DJ has Jennifer Hansen's article: Farewell to an appellate giant who never sought the spotlight --Jonathan Demson, a quietly brilliant and fiercely dedicated solo appellate attorney who handled over 400 cases, argued four times in the California Supreme Court, and secured more than 150 reversals for defendants wrongly denied resentencing consideration, left an outsized impact on California criminal law despite never seeking recognition or publicity before his untimely death.

This past month the California appellate community lost an attorney who handled more than 400 cases in the Courts of Appeal and argued four times in the California Supreme Court, establishing precedents impacting criminal defendants across the state. At the time of his death, he was the attorney of record in more than 50 pending appellate cases in the Second District.
His name was Jonathan Demson, and you probably never heard of him. He was not a certified appellate specialist, he didn't have a website to solicit clients and he never took a private appeal. He avoided legal listservs and he was not a member of criminal defense or appellate legal associations. He worked alone and never publicized his wins, but he had an outsized impact as a sole practitioner, leaving more than 25 published opinions. Jonathan kept up on the law on his own and didn't take short cuts by relying on brief banks. He took on the most serious criminal cases and in the last six years he specialized in complex appeals in cases where courts applied retroactive changes to homicide law, earning a staggering 150 reversals for people who had been wrongly denied relief in the superior court.

PJ Gilbert's final column??? Not.

Today's DJ has PJ Gilbert's final column .... as a sitting justice. See The beginning -- In his final column as a sitting justice, Arthur Gilbert reflects on five decades of judicial service, the colleagues and staff who supported him, the whimsical notion of multiverses and cosmic chance, and the fitting title -- "The Beginning" -- signaling that his column will continue even after "RET" follows his name.

Today's DJ also has the monthly Exceptionally Appealing column, this one titled Conclusions about conclusions: How to end appellate briefs effectively without overdoing it --Effective appellate brief conclusions should be short, precise and relief-focused, balancing the functional purpose of stating the exact relief sought with the optional persuasive opportunity to leave a memorable final impression.

CJP settles charges against J.Murray

The DJ reports CJP settles discipline charges against retired 3rd District justice -- The trial set to begin this week would have featured a Who's Who of current and former Court of Appeal justices. Ex-Justice William J. Murray Jr. faced allegations that he chronically delayed issuing decisions in his cases.

The Recorder's article is Disciplinary Trial Against Appellate Justice Accused of Delaying Cases Abruptly Canceled -- The development suggests attorneys for former Third District Court of Appeal Justice William Murray Jr. have reached a settlement with the Commission on Judicial Performance.

Today's AI sanctions case

2/1 (per curiam) publishes this opinion today, granting a motion to strike an opening brief and sua sponte imposing monetary sanctions of $7500 to the court; and allowing appellant to file a new brief. 

    It is undisputed that appellant’s attorney, Fahim Farivar, filed a brief containing numerous fabricated quotations—that is, language falsely attributed to published decisions. By filing a brief that misrepresents legal authority, Farivar unreasonably violated longstanding rules of this court. Regardless of whether inaccuracies in a brief are the result of using artificial intelligence (AI) tools or some other drafting process, as Farivar and appellant argue occurred here, the signatory attorney is responsible for the content of the brief and subject to sanctions for inaccuracies it contains.
    Accordingly, we grant respondent’s motion to strike appellant Peiman Shayan’s opening brief. In addition, on the court’s own motion, we award monetary sanctions, payable to the court, against Farivar, and allow appellant to file a new brief.

... 

we strike appellant’s opening brief and require appellant to file, within 10 days of the issuance of this order, a corrected opening brief. Appellant’s corrected brief may differ from the version originally filed only to the extent it corrects or omits the fabricated citations and quotations in the original version. Appellant shall file and serve both a final version of the new brief as well as a redline version.

And also from 2/1, from last week, see the unpub'd part at pp. 34-37 here.

It is also presumptuous to assume he would not be “caught”; Attorney Lucas apparently believes we do not read cases cited in briefs. More disturbing is his apparent disregard of his duties as an officer of the court. Our legal system depends on the integrity of counsel and the bench. Citing nonexistent authority or misciting holdings of cases tarnishes the integrity of the process.
For these reasons, we will order Attorney Lucas to show cause why sanctions should not be imposed on him for his misuse of artificial intelligence in briefing this appeal. The order to show cause is issued concurrently with this opinion.

Free appellate mcle

ADR Services presents:

Behind the Curtain: Appellate Strategy for High-Profile Litigation
Complimentary CLE Program Tuesday, December 2, 2025 @ 12:00 p.m. - 1:00p.m.
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Appellate strategy doesn’t begin after trial—it begins the moment a case is filed. In high-profile disputes, where the stakes are amplified by media coverage, public perception, and evolving areas of law, careful planning is critical at every stage. This program will highlight how trial lawyers can collaborate effectively with appellate specialists to shape litigation strategy, preserve issues for review, and prepare for appellate challenges long before the record is finalized. Through discussion of nationally recognized cases—the panel will explore how appellate courts engage with emotionally charged issues, what happens behind the scenes at the Court of Appeal, and how trial and appellate counsel can work together to influence outcomes in today’s most watched legal battles.
Speakers
Hon. Thomas Goethals (Ret.) – ADR Services, Inc.
Hon. Patricia Benke (Ret.) – ADR Services, Inc.

Neel Chatterjee, Esq. – King & Spalding LLP

See also at Law.com King & Spalding Appellate Attorney Dies While Climbing New Zealand's Tallest Mountain -- Kellam Conover, 44, had practiced for almost three years with the Am Law 50 firm after moving in early 2023 from Gibson Dunn & Crutcher. "He began his law career in November 2013 with Gibson Dunn and later clerked for Judge Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. He returned to Gibson Dunn for more than six years before joining King & Spalding."

RIP Judge Kleinfeld (1945-2025)

Ninth Circuit Court of Appeals Mourns Passing of Judge Andrew Kleinfeld

Judges and staff of the U.S. Court of Appeals for the Ninth Circuit are mourning the loss of a distinguished jurist, Senior Circuit Judge Andrew Jay Kleinfeld, who died Friday, November 7, after a long illness. Born on June 12, 1945, he was 80 years old.

Law.com has 9th Circuit Mourns Passing of Judge Andrew Kleinfeld -- Over a nearly 40-year career in the federal judiciary, Kleinfeld proved to be “a respected and beloved colleague” who shared “gentle reminders of the unique perspective he brought from Alaska,” Chief Judge Mary Murguia said.

2d District pro tem update

The following are currently sitting on assignment:

• Justice Peter J. Siggins (Retired) of the First District Court of Appeal will be sitting Pro Tem in Division Two until December 31, 2025 

• Judge Sunjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five until February 17, 2025 

• Judge Denise Hippach of the Santa Barbara County Superior Court will be sitting Pro Tem in Division Six until December 31, 202 

New FRAP & Circuit Rules now effective!

 Happy December 1! That means new federal appellate rules are in effect:

December 2025 9th Circuit Rule Revisions here

December 2025 FRAP Revisions here

The 9th pivots right

Bloomberg Law has Trump’s Mark on Ninth Circuit Tested as Challenges Progress

• Trump reshaped the US Court of Appeals for the Ninth Circuit during his first term. He flipped four seats once held by judges tapped by Democrats and left the court with nearly as many Republican-appointed active judges as Democratic ones. The appeals court’s more balanced composition increases the odds that progressive litigants challenging Trump’s second term agenda might wind up with a panel of majority Republican-appointed judges. The Ninth Circuit has 16 Democratic and 13 Republican appointees. It also makes their chances of winning a case heard en banc—a process where a randomly selected group of active judges rethinks a panel ruling—more of a wildcard.

• ‘Hard Pivot’ The first Trump administration inherited a Ninth Circuit with more than twice the number of Democratic-appointed judges as Republican appointed ones, plus several vacancies. Trump then installed 10 judges on the court between 2018 and 2020.

• With the confirmation of Eric Tung, his first Ninth Circuit pick of his second term, Trump has appointed more than a third of the active bench, and 11 of the court’s 13 Republican-picked judges. The last time that court that many Republican appointees was in 1996

Marray CJP hearing vacated

The DJ has Misconduct hearing for retired justice is vacated -- The Commission on Judicial Performance vacated Monday's scheduled hearing for retired justice William J. Murray Jr., a move that often signals a pending resolution.

A hearing before special masters appointed by the California Supreme Court was scheduled to begin Monday at Sacramento County Superior Court, where both sides would have presented evidence and examined witnesses. On Friday, however, the commission issued an order vacating the hearing date and said only that a further public announcement would be issued "forthwith."

5th Dist. pro tem update

The following are currently sitting on assignment in the Fifth District:

• Judge Gregory T. Fain of the Fresno County Superior Court will be sitting pro tempore until November 30, 2025. 

• Judge Amy K. Guerra of the Fresno County Superior Court will be sitting pro tempore until January 23, 2026.