Wednesday, August 20, 2025

Come on Inn!

SDAIOC Color Logo

Good news for the San Diego Appellate Inn of Court...

California Ethics Committee Issues Opinion on Judicial Participation in Inns of Court -- Committee encourages judicial membership while outlining ethical considerations for judges participating in Inns of Court activities. A California judicial ethics committee on Tuesday issued a formal opinion advising that judicial participation in Inns of Court is not only permitted but encouraged as an important form of judicial engagement.
The guidance was issued by the California Supreme Court Committee on Judicial Ethics Opinions (CJEO)—a body which is appointed and authorized by, but works independently of, the California Supreme Court. In CJEO Formal Opinion 2025-030, the committee advises that membership, serving on pupilage teams, and performing leadership roles in Inns of Court are all appropriate extrajudicial activities under the California Code of Judicial Ethics. The committee emphasizes that such participation promotes professionalism, integrity, ethics, and civility within the legal community, and is a laudable form of judicial engagement. While participation is encouraged, the committee notes that judges must remain mindful of ethical considerations. For example, should a professional mentorship evolve into a close personal friendship, disqualification or disclosure may be required. As always, judges must conduct themselves in such a manner that upholds the integrity, independence, and impartiality of the judiciary. “Judges have a unique perspective and much to offer other members of Inns of Court,” said Justice Douglas P. Miller, vice-chair of CJEO. “This opinion makes clear that judicial participation in Inns of Court is a desirable outlet for judges to contribute to the improvement of the law, the legal system, or the administration of justice, as encouraged by the Code of Judicial Ethics.” CJEO issued the opinion after circulating a draft for public comment in May of this year.
About the Committee on Judicial Ethics Opinions (CJEO) -- The Committee on Judicial Ethics Opinions is a 12-member advisory committee that includes appellate justices, trial court judges, two retired judges, and a commissioner. The committee is appointed and authorized by the California Supreme Court, but its work is independent of the court, the Judicial Council, and all other entities. Its opinions are advisory and do not necessarily reflect the views of the California Supreme Court or any other entity. The committee issues formal, informal, and expedited advisory opinions on proper judicial conduct pursuant to the California Code of Judicial Ethics and other authorities. CJEO’s website includes advisory opinions, resources dedicated to specific judicial assignments and issues, and extensive judicial ethics tools and resource materials for the benefit of the bench and the public.

Tuesday, August 19, 2025

ACA 8 goes poof!

Law.com has Calif. Bill to Limit Judicial Retention Elections on Hold Amid Redistricting Push
  • Legislation that would have ended most appellate justice retention elections in California was shelved Monday after the author rewrote the bill's contents to carry state Democrats' congressional redistricting plans.
  • As originally written, Assembly Constitutional Amendment 8 would have only placed the names of incumbent justices of the California Supreme Court and the state's six courts of appeal on a ballot if a specified number of registered voters petitioned for an election.
  • As of Monday, the constitutional amendment no longer includes the judicial elections language and instead authorizes a mid-decade congressional redistricting that Democrats hope will net as many as five new Democratic seats to offset redrawn Republican maps in Texas.

Monday, August 18, 2025

J.Smiley Zoom program

 BASF's Appellate Law Section will host a Zoom event on Sept. 16 at noon: an informal roundtable with 1/1's Justice Charles A. Smiley, moderated by Shandyn Pierce. 

Friday, August 15, 2025

tidbits / 3d DCA pro tem update

The ABA Journal has Bryan Garner's latest article: Oscar vs. Jeff: Trial lawyers and appellate counsel do different jobs, and it may show in their writing

This month's CLA Litigation Update: August 2025 is out.

On Sept. 25, Strafford presents Strategic Use of Amicus Briefs in Appellate Advocacy by M.C. Sungaila.

3d Dist. pro tem update: Associate Justice Rebecca A. Wiseman, retired, will be sitting in pro tempore beginning July 15, 2023, through October 18, 2025.

Amendment to FRAP 15 proposed to address the “Incurably Premature” doctrine:

The Advisory Committee seeks publication of a proposed amendment to remove a potential trap for the unwary in Rule 15. The “incurably premature” doctrine holds that if a motion to reconsider an agency decision makes that decision unreviewable in the court of appeals, then a petition to review that agency decision is not just held in the court of appeals awaiting the agency’s decision on the motion to reconsider. Instead, the petition for review is dismissed, and a new petition for review must be filed after the agency decides the motion to reconsider. Rule 4, dealing with appeals from district court judgments, used to work in a similar way regarding various post-judgment motions. But in 1993, Rule 4 was amended to provide that such a premature notice of appeal becomes effective when the post-judgment motion is decided. The proposal is to do for Rule 15 what was done for Rule 4.

The comment period is open to February 16, 2026.

Thursday, August 14, 2025

En banc vote explanations?

Law360 has Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."
Order here.

Wednesday, August 13, 2025

E-filing rules amendments

California Supreme Court Adopts Amendments to E-Filing Rules

The Supreme Court of California on Wednesday adopted amendments to its electronic filing (e-filing) rules. These amendments are effective immediately and formalize and clarify the court's e-filing guidelines, which the court adopted at the outset of the COVID-19 pandemic. The court continues to require electronic filing, through the TrueFiling platform, of all documents filed in all proceedings before the court, regardless of case type. E-filing remains voluntary for self-represented litigants and trial courts, and any litigant may continue to request an exemption from the e-filing requirement. The amendments also make conforming and technical changes to the e-filing rules.

TAP is hiring a Program Director

 

Apply now: Program Director, The Appellate Project

If you're passionate about building a more just and representative judiciary — and want to join a team empowering the next generation of appellate leaders — we’d love to hear from you. Please help us spread the word! Forward this posting to anyone who might be a good fit. We especially encourage mission-driven legal professionals with demonstrated entrepreneurial skills to apply, even if they don’t have the full 10 years of experience. We value creativity, leadership, and impact, regardless of the path taken to achieve them. We are reviewing applications on a rolling basis and encourage candidates to apply as soon as possible.

E-service of briefs to LASC!

Superior Court of Los Angeles County Establishes New Electronic Process for Service and Delivery of Appellate Briefs to Judicial Officers

Beginning Tuesday, Sept. 2, 2025, the Superior Court of Los Angeles County will establish a new uniform process for parties to electronically serve appellate briefs on the trial court clerk for the purpose of delivery to the trial court judicial officer.     Attorneys representing parties shall email a copy of their appellate brief to the Court’s new designated resource account, appellatebriefs@lacourt.org. Self-represented litigants may elect to use this electronic process for service, but they may still choose to deliver the briefs to the courtroom by first-class U.S. mail.  Submission of Appellate Briefs via Email:  • Parties shall submit one copy of their brief electronically to appellatebriefs@lacourt.org.  • Court staff will monitor the resource account for the receipt of briefs and forward the briefs to the applicable judicial officer.  Note: This resource account is for the sole purpose of receiving appellate briefs. Any other documents submitted to the account will not be processed, and any inquiries will not receive a response.  Background on Appellate Briefs:  After the Record on Appeal is delivered to the reviewing court, a briefing schedule is sent to the parties. California Rules of Court rules 8.212(c)(1), 8.360(d)(4), 8.412(e)(1), 8.630(g)(3), 8.882(e)(3), and 8.927(c)(3) require that one copy of each brief be served on the trial court clerk for delivery to the trial court judicial officer.   The new resource account, appellatebriefs@lacourt.org, will streamline the delivery process and ensure compliance with California Rules of Court.    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.

The DJ has LA courts to streamline appellate brief delivery -- Beginning Sept. 2, Los Angeles County Superior Court will accept appellate briefs via a designated email account, streamlining delivery, ensuring compliance with court rules, and complementing broader technology upgrades and remote appearance initiatives.

J.Barrett in SD Sept. 10

Justice Amy Coney Barrett will be at the Inns of Court Dinner on Sept. 10 in San Diego. She'll be discussing her forthcoming book: Listening to the Law: Reflections on the Court Constitution. (Because of security concerns, the Joint Inns Dinner is open only to registered members of the American Inns of Court.)

Copies of Justice Coney Barrett’s book, LISTENING TO THE LAW, are available for pre-order at the discounted price of $27 (including sales tax and fees). Order yours by August 20, 2025. Pick up will be at the Joint Inns Dinner on September 10, 2025, where copies can be signed on a first come, first serve basis. Books will not be available for purchase onsite unless there are extras from the pre-order. In Listening to the Law, Justice Coney Barrett lays out her role (and daily life) as a justice, touching on everything from her deliberation process to dealing with media scrutiny. With the warmth and clarity that made her a popular law professor, she brings to life the making of the Constitution and explains her approach to interpreting its text. Whether sharing stories of clerking for Justice Scalia or walking readers through prominent cases, she invites readers to wrestle with originalism and to embrace the rich heritage of our Constitution. Please note that only one book pre-order can be placed per order. If you are interested in pre-ordering more than one book, please complete a separate order for each book.

Tuesday, August 12, 2025

Want cert? Get amici!

 

Law.com has For Hopeful Supreme Court Litigants, It Helps to Have Friends—And Lots of Them

  • With many of the justices pooling their law clerks to tackle the thousands of petitions that arrive at the court each term, litigants have but a few chances to make an impression on a clerk sifting through a stack of Supreme Court appeals. Having your case supported by a bundle of cream-colored briefs from outside groups is one way to do just that.
  • there is now some level of cert-stage amicus participation in two out of every three cases that the justices agree to hear.
  • In the October 2024 term, for instance, there were one or more cert-stage amicus briefs for 68% of cases that went to oral argument, according to an analysis by the National Law Journal. That’s compared to just 44% during the October 2014 term, a figure that has gradually climbed over the past decade.
  • Today, “the conventional wisdom is… having petition-stage amicus support is considerably more important than having merits-stage support,” said Larry Ebner of the Atlantic Legal Foundation, a longtime appellate advocate and prolific amicus brief filer.

Monday, August 11, 2025

9th Cir. computer problems today

August 11, 2025, Ninth Circuit Announcement: Users may experience an issue downloading ACMS dockets and filings from PACER or NDA emails. The Court is aware of the issue and is working to fix it. Filers may email efilerhelp@ca9.uscourts.gov for assistance.

Retired J.Smith to Judicate West & much more

Today's DJ has Retired appellate justice joins Judicate West's panel of neutrals -- Retired 5th District Court of Appeal Justice M. Bruce Smith has joined Judicate West as a mediator, arbitrator and private judge, bringing more than 40 years of legal experience and 25 years on the bench. During his decade on the appellate panel, Smith authored approximately 30 published opinions covering antitrust, employment, real estate, insurance bad faith and medical malpractice cases.

Friday's DJ had Retired judges form group to defend judiciary and educate public -- Retired California judges launched the Retired Judges Initiative to defend sitting judges from unfair criticism, promote judicial independence, and educate the public, unrestricted by canon rules limiting active judges.

And the DJ also has Robert Wood's Tax issues in cases settling on appeal -- While interest and punitive damages are usually taxable, how the verdict stands, what's appealed, and how the settlement is crafted can reduce or eliminate the tax burden.

Law.com has Americans Deeply Divided Politically in Their View of the Supreme Court, Poll Finds

  • Gallup reported Thursday that 75% of Republicans approve of the job the justices are doing, compared to 11% percent of Democrats—a 64-point gap that is larger than a previous high recorded after the Supreme Court's 2022 ruling overturning constitutional abortion rights.
  • The 75% Republican support for the justices is near its record 80% GOP approval reached shortly after the Supreme Court's Bush v. Gore decision in late 2000, Gallup reported.
US Judiciary's Recommendation to Shrink a Circuit Will Likely Be Ignored, Court Watchers Say -- According to a summary report of its March meeting, the Judicial Conference is suggesting that if a vacancy opens up on the Tenth Circuit, the president and Senate leave it unfilled. The conference cited consistently low per-judgeship caseloads in the circuit.

The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.
And see: Cybersecurity Measures Strengthened in Light of Attacks on Judiciary’s Case Management System

And Law360 has Democracy Forward Launches Appellate Practice -- The Democracy Forward Foundation has formed an appellate practice on the heels of a hiring spree that has doubled the nonprofit's legal staff since November with former BigLaw and government attorneys, as some private firms have pulled back from taking on cases that challenge the current White House.

Thursday, August 7, 2025

New Justices!

 Governor Gavin Newsom today announced his nomination of three Court of Appeal Justices: Matthew Scherb as Associate Justice of the Second District Court of Appeal, Division Eight, Judge Corey Lee as Associate Justice of the Fourth District Court of Appeal, Division Two, and Judge Arlan Harrell as Associate Justice of the Fifth District Court of Appeal. 

Second District Court of Appeal, Division Eight


Matthew Scherb, of Los Angeles County, has been appointed to serve as an Associate Justice in the Second District Court of Appeal, Division 8. Scherb has been a Chambers Attorney at the Supreme Court of California since 2021. He served as a Deputy City Attorney in the Los Angeles City Attorney’s Office from 2017 to 2021. Scherb was an Appellate Court Attorney from 2011 to 2017. He was an Associate at Winston & Strawn LLP from 2005 to 2011. Scherb served as a Law Clerk at the U.S. District Court for the District of Columbia from 2004 to 2005. Scherb received a Juris Doctor degree from Northwestern University. He fills the vacancy created by the retirement of Associate Justice Elizabeth A. Grimes. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Arthur Gilbert. Scherb is registered as no party preference.

Fourth District Court of Appeal, Division Two

Corey Lee, of San Bernardino County, has been appointed to serve as an Associate Justice in the Fourth District Court of Appeal, Division Two. Lee has served in the San Bernardino County Superior Court as a Judge since 2015. She served as a Deputy Chief Assistant United States Attorney in the U.S. Attorney’s Office from 2008 to 2015. Lee was a Deputy District Attorney in the San Bernardino County District Attorney's Office from 2007 to 2008. She served as a Deputy District Attorney in the Riverside County District Attorney's Office from 2004 to 2007. Lee served as a Law Clerk in the U.S. Department of Justice, Executive Office of Immigration Review from 2003 to 2004. Lee received a Juris Doctor degree from Loyola Law School. She fills the vacancy created by the retirement of Associate Justice Marsha G. Slough. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. Lee is a Democrat.

Fifth District Court of Appeal

 

Arlan L. Harrell, of Fresno County, has been appointed to serve as an Associate Justice in the Fifth District Court of Appeal. Harrell has served as a Judge in the Fresno County Superior Court since 2006. He served as a Court Commissioner for the Fresno County Superior Court from 2003-2006. Harrell served as a Deputy District Attorney for the Fresno County District Attorney’s Office from 1994-2003. He was an Associate at Lang, Richert & Patch from 1992 to 1994. Harrell received a Juris Doctor degree from University of California, Davis King Hall School of Law. He fills the vacancy created by the retirement of Associate Justice Charles S. Poochigian. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Brad Hill. Harrell is a Democrat.

The compensation for each of these positions is $280,052.

Note also: Diane Meier was appointed to the Alameda County Superior Court after serving as an appellate court attorney in the First District Court of Appeal since 2018.

Tuesday, August 5, 2025

6th DCA encourages less experienced lawyers to argue


The Court of Appeal, Sixth Appellate District, issued a new Miscellaneous Order today, August 1, 2025. The Court strongly encourages parties to permit less experienced lawyers to actively participate in the proceedings by presenting oral argument. As an exception to California Rules of Court, rule 8.256(c)(3), the Court will grant leave for counsel to split oral argument time to permit less experienced attorneys (seven years or less as a practicing attorney) the opportunity to present oral argument. Please click to see Misc. Order 25-002

Here's the text of Misc. Order 25-002:
The Court of Appeal, Sixth Appellate District, wishes to inform counsel of the following policy: As an exception to California Rules of Court, rule 8.256(c)(3), the Court will grant leave for counsel to split oral argument time to permit less experienced attorneys (seven years or less as a practicing attorney) the opportunity to present oral argument. The Court recognizes that less experienced attorneys often have fewer opportunities to gain valuable appellate advocacy experience and believes that permitting these attorneys to participate in oral argument benefits both their development and the legal profession as a whole.
This policy is entirely optional. The Court is not requiring counsel to permit less experienced attorneys to argue, but is simply communicating its willingness to accommodate such arrangements upon request.
If counsel wishes to split oral argument time with a less experienced attorney, please indicate this intention when submitting your oral argument request form by: 1. Noting "Split Argument Requested" at the top of the form 2. Listing both attorneys who will be presenting argument 3. Indicating the approximate division of the requested time.
The Court appreciates counsel's consideration of this opportunity to mentor the next generation of appellate advocates.

DJ chock full of appellate ditties

Today's DJ has:

  • PJ Gilbert's column titled Remembering Selma Smith -- In honor of Selma Moidel Smith, who passed away at 106, we remember a brilliant lawyer, editor, composer, and dear friend whose humor, grace and extraordinary achievements spanned more than a century.
  • Kirk Jenkins' piece
    Why your trial team needs an embedded appellate lawyer
When I became an appellate specialist, our cases began in the "classic" way -- with an adverse judgment or an opponent's notice of appeal. Today, that's becoming less commonplace. Increasingly, clients are recognizing the value of embedding an appellate specialist in the trial team.

  • And this month's Exceptionally Appealing column, titled Chutes & Ladders: The CJP & CJA  


Monday, August 4, 2025

SCOCA plans ahead to 2026


California Supreme Court Sets 2026 Oral Argument Calendar -- The court will continue its practice of hearing oral argument in San Francisco, Sacramento, and Los Angeles.
The Supreme Court of California today published its oral argument calendar for 2026.

The court will continue its practice of hearing oral argument in courtrooms around the state—sessions will be held in San Francisco (in January, March, May, September, and November); Sacramento (in February); and Los Angeles (in April, June, and December). The court's practice of holding sessions in Sacramento, San Francisco, and Los Angeles dates back to 1878

Next year’s special outreach session will take place in Shasta County in October. The court’s special outreach sessions provide high school students and their teachers across the state with an opportunity to attend oral argument and learn about the judicial process.

The court will continue to support hosting oral argument in a hybrid format, allowing counsel to appear in person or via video upon request. The 2026 calendar includes dates for the court's weekly petition conferences and court holidays.

Thursday, July 31, 2025

2d DCA pro tem update

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

• Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two until September 14, 2025 

• Judge Kimberly A. Gaab of the Fresno County Superior Court will be sitting Pro Tem in Division Three until August 30, 2025 

• Judge Kira Klatchko of the Riverside County Superior Court will be sitting Pro Tem in Division Three until August 13, 2025 

• Judge Craig B. Van Rooyen of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Four from August 25, 2025, to October 24, 2025 

• Judge Sunjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five from August 18, 2025, to October 17, 2025 

• ​​​​​​​​​​​​​​​​​​​​​Justice Laurence D. Rubin (Retired) of the Second District Court of Appeal will be sitting Pro Tem in Division Eight until August 31, 2025

9th Cir. confirmation hearing / 9th Cir. reps sought

Today's DJ has 9th Circuit nominee ducks questions on same-sex rights, defers to 'originalism' -- Jones Day partner Eric C. Tung faced scrutiny from Senate Democrats over past comments on abortion and LGBTQ+ rights but cited "live issues" in declining to answer most questions during his confirmation hearing for the 9th U.S. Circuit Court of Appeals.

Tung's chances of being confirmed are considered high, as Republicans have a 12-10 majority on the judiciary committee and control 53 seats in the full Senate.
If he is confirmed, Tung would not alter the partisan balance on the 29-member court, which has 16 judges appointed by Democratic presidents and 13 named by Republican presidents.

Bloomberg Law has Trump Appellate Pick Questioned Over Brief on Legislative Powers

Ninth Circuit Seeks Candidates for Appellate Lawyer Representatives

The United States Court of Appeals for the Ninth Circuit is seeking applicants from among the federal appellate bar to serve as Appellate Lawyer Representatives to the Ninth Circuit Judicial Conference.

Those selected will serve three-year terms commencing January 1, 2026, during which they will participate in meetings throughout the circuit, assist the court with special projects, and attend and participate in the Ninth Circuit Judicial Conference, an annual gathering of federal judges, attorneys, agency representatives and court staff. This is a hard-working committee, so familiarity with this court’s rules of practice and the ability to serve on one or more sub-committees will be important. The court encourages applications from all states within the Ninth Circuit and all practice areas.

To be considered, applicants should submit a resume of no more than two pages and a brief statement of interest and qualifications, with emphasis on their appellate experience, particularly in the Ninth Circuit. The material should be emailed to Molly Dwyer, Clerk of Court, at molly_dwyer@ca9.uscourts.gov.

The deadline to submit materials is August 22, 2025. For more information about the selection procedures : https://www.ca9.uscourts.gov/appellate-lawyer-representatives/alr-information/

Wednesday, July 30, 2025

A pink slip for the Blue slip?

Law360 has Trump Calls 'Blue Slip' Process 'Probably Unconstitutional'

President Donald Trump on Tuesday railed against the long-standing tradition for home state senators to have essentially veto power over U.S. attorney and district court nominee picks and called on U.S. Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, to abandon the process.
When Grassley was last chair of the committee, during the first Trump administration, he got rid of the so-called blue slip process for circuit court nominees.

Bloomberg Law has Grassley ‘Offended’ by Trump Call to End Nominations Custom

The century-old blue slip custom involves senators marking a blue form to indicate support for a judicial or US attorney nominee.
While the Judiciary Committee’s Republican majority led by Grassley during the first Trump administration eliminated home-state senator sign off for circuit court nominees, the practice was retained for district court picks and for US attorneys.

9th Circuit Pick Pressed on Originalism Comment, Constitutionality of Same-Sex Marriage | Law.com

Senate Judiciary Committee Democrats on Wednesday pressed federal appeals court nominee Eric Tung on his recent comments questioning the constitutionality of same sex marriage and supporting state-legislature supremacy over election law, a controversial legal theory that the U.S. Supreme Court rejected in 2023.

New SCOTUS Clerk Class Has More Women, Experience Than in 2000

The OT 2000 clerk class wasn’t very balanced in terms of gender. Of the 35 clerks, 25 were men and 10 were women, making for a 71% to 29% split.
By contrast, the OT 2025 class of 38 clerks consists of 20 men and 18 women. At a 53% to 47% split, that’s fairly close to even representation.
Over the past 25 years, the representation of women in the legal profession has increased dramatically—and it’s reflected in the ranks of Supreme Court clerks. Women aren’t just entering the legal profession; they’re making progress in its highest echelons.

Monday, July 28, 2025

SGs to headline Caruso SOL Dinner

Pepperdine University's Caruso School of Law Dinner (Sept. 27) will feature 47th SG Noel Francisco and 48th SG Elizabeth Prelogar. Register here.

Noel Francisco

At The Lectern has Legendary Selma Moidel Smith dies at 106; the DJ has Selma Moidel Smith, 1919-2025--Selma Moidel Smith was admitted to the California Bar in January 1943 at 23 and remained active in legal and scholarly circles for more than 82 years.

Selma Moidel Smith, a trailblazing California attorney, legal historian, and composer whose work uplifted generations of women in the law, died on Friday after a brief illness. She was 106.
Law360 has Fed. Circ. Panel Calls For Extending Newman's Suspension (The Fed. Cir. R&R is here)

And for those with an interest in how it's done elsewhere: Meet the Six Justices Designated by Hochul to Serve in Downstate New York Appellate Divisions

Under New York’s constitution, the governor designates justices of the Appellate Divisions. While the constitution allows for six associate justices in each division, that number has been expanded to include “additional” justices over the years to handle the increased workload.
Associate justices must be appointed and reappointed by the governor every five years. Under the constitution, an “additional justice” may be released from their role at the Appellate Division in the event they are no longer needed to manage the workload and they therefore have no term limit.
Reuters has Judiciary asks Trump to skip 10th Circuit nomination, allowing court to shrink



And a couple of SCOTUS-writing law review articles from earlier in the year: