Who's counting...

Law.com has 101 & Counting: Hogan Lovells’ Jessica Ellsworth Reflects on Oral Argument Milestone -- "The best advice that I have gotten is to advance from thinking of an argument as an opportunity to tell the court why you are right to instead think of it as an opportunity to listen to the court and hear where the court has questions and try to be in more of a listener mode."

The MetNews has Stephen Goorvitch Confirmed as Justice of Court of Appeal

Five new Justices confirmed!

The DJ reports: Newsom appellate picks confirmed despite rare opposition at hearing.

The Commission on Judicial Appointments unanimously confirmed five of Gov. Gavin Newsom's appellate nominees Friday, including the elevation of Associate Justice Joanne Motoike to presiding justice of the 4th District Court of Appeal's Santa Ana division. The hearings were largely routine except for a rare public challenge to Los Angeles County Superior Court Judge Stephen Goorvitch — nominated to the 2nd District, Division Two — from a self-represented litigant who accused him of bias and retaliation in a malpractice case. The commission confirmed Goorvitch regardless. Also confirmed: Fresno County Superior Court Judge Amy Guerra to the 5th District, Imperial County Superior Court Judge Eran M. Bermudez to the 4th District, Division One in San Diego, and Orange County Superior Court Judge Deborah C. Servino to the 4th District, Division Three in Santa Ana. All five were sworn in Friday.

6th Dist. pro tem update

Judge Frederick S. Chung of the Santa Clara County Superior Court will be sitting Pro Tem until July 31, 2026.

In other appellatey news, Bloomberg Law has Ex-Solicitor General Prelogar Joins Tom Goldstein’s Legal Team -- Former Solicitor General Elizabeth Prelogar is joining the legal team of SCOTUSblog.com co-founder Tom Goldstein in his criminal tax case.

Law360 has Goldstein Taps Ex-SG Prelogar Before Sentence, Likely Appeal

While solicitor general, Prelogar gained a level of mainstream prominence not often associated with the position. Her rise reflected oratorical skills that won respect among legal allies and adversaries alike, and that even resonated with nonlawyers, leading to a Vanity Fair magazine profile and an appearance on the NPR comedy show "Wait, Wait ... Don't Tell Me!"

By the standards of the appellate bar, Goldstein is also uncommonly prominent. He founded SCOTUSblog, for example, and he pioneered now-ubiquitous methods of identifying cases the Supreme Court is likely to hear. Moreover, he became one of the few attorneys in recent decades to argue dozens of high court cases despite practicing at a boutique firm, lacking an Ivy League education and never working in the U.S. solicitor general's office.

Law.com has What Federal Judges Told Law Grads at Commencements This Year, which includes this SoCal vignette:

Second Circuit Judge Alison Nathan: Graduates at UC Irvine Law heard from Nathan, who reassured them that mistakes happen and those in the legal profession will “give you grace.” Nathan, appointed by Biden, told a story about her former boss, U.S. Supreme Court Justice John Paul Stevens, for whom she clerked from 2001 until 2002.
Nathan said that during an oral argument, a nervous advocate was admonished by the chief justice for addressing one of the justices as “judge,” Nathan said at the May 8 ceremony. “Then Justice Stevens leaned forward in his chair, and he said, ‘Don't worry about it, counselor, the Constitution makes the same mistake,’” Nathan said. “That kind of grace, that kind of humility, that's part of the tradition you're joining, a deeply human tradition.... Even if the legal profession feels large and intimidating right now, in the end, it's just a group of people, people like you, making countless small choices every day.”

And who can resist a Law.com story involving a dog named Mandamus: The Best Trial Prep Partner? It Might Have Four Legs

Goorvitch CJA hearing May 22

Commission to Consider Appointment to the 2nd District Court of Appeal
The Commission on Judicial Appointments will hold a public hearing in San Francisco on Friday, May 22, 2026, beginning at 9:30 a.m. to consider Governor Gavin Newsom's appointment of Judge Stephen Goorvitch as Associate Justice of the Second District Court of Appeal, Division Two.
The live webcast will begin on the Judicial Council's video streaming platform on May 22 at 9:30 a.m.

Federal Circuit Theme Song

The Federal Circuit released a "theme song" in a 3-minute YouTube music video. (Yes, that's a monkey riding a rocket.) Check it out here.

3:02

The Federal Circuit, created in 1982, is a national court handling special cases like patents, veterans' appeals, and international trade.

Law360 has Fed. Circ. Drops A Theme Song, Talks Guest Judges

The Federal Circuit judges' advice to litigators largely came down to making the appeal as targeted as possible. Both Judge Chen and U.S. Circuit Judge Kara F. Stoll said the parties need to limit the number of arguments raised. Judge Chen said he's had cases go to the Supreme Court, and only then does he see the petitioner narrow its request the way he'd needed below. The judges encouraged parties to proactively address the other side's arguments, with Judge Chen suggesting a specific rebuttal section in briefs to do so. U.S. Circuit Judge Sharon Prost similarly said parties should admit their weaknesses and work the judges through them.

Lawyers should also use full quotes from the cases they're citing when possible, Judge Lourie said. "We don't entirely trust you" when citing clips without the full context, he continued.

Judge Lourie also discouraged having pages in briefing that are nearly all footnotes. Other tips included Judge Hughes recommending having non-patent colleagues read over briefs to see if they make sense to lay folk, and U.S. Circuit Judge Tiffany P. Cunningham encouraging lawyers to make concessions when appropriate rather than fighting everything.

4/1 attorney openings

Division I in San Diego is accepting applications for an Appellate Court Attorney (Level B– Senior). The job can be found at Appellate Court Chambers Attorney (Level B - Senior) OR Appellate Court Central Staff Attorney (Level B - Senior) | District Courts of Appeal. The application deadline is at 5:00 p.m. on June 5, 2026.

Who will join the Cal Supreme Court?

Bloomberg Law has Newsom’s Delay on Filling California High Court Seat: Explained

The California Supreme Court has been short a justice for more than six months since Martin J. Jenkins’ retirement, making it one of the longest high court vacancies in the Golden State’s history.

two of Newsom’s prior picks— Jenkins and Evans—used to serve roles in the Newsom administration. In terms of current appellate justices who used to work for Newsom, Ettinger noted Justice Daniel H. Bromberg and Justice Gonzalo C. Martinez both fit the bill.

But what about JUDICIAL APPOINTMENTS SECRETARY LUIS CÉSPEDES?

1st Dist. pro tem update

Judge Andrew Sweet of Marin County Superior Court will be sitting pro tempore in First District, Division Four until July 31, 2026.

Remittitur controls over precedent split

The MetNew has C.A. Permits No Deviation From Direction of Remanding Court Despite New Case Law -- Opinion Signals That Prerogative of Trial Judge to Follow Decision From Another Appellate District Does Not Extend to Disregarding Remittitur -- about this unpub from 2/3 here.

SCOTUS argument observations

SCOTUS Blog's Amy Howe has What I learned attending all those Supreme Court oral arguments this term. Her key takeaways:

1. The bench has gotten hotter.
2. The arguments are often long . . . and there’s no sign of them getting any shorter.
3. The impact of live audio is real – but not in the way the justices had feared.
4. There is no substitute for attending arguments in person (at least without cameras).
5. The high quality of the advocacy at the court
6. Where are the women?
7. Sometimes the lower-profile cases are more enjoyable to watch.

SCOTUS heating up

Bloomberg Law has Supreme Court Sniping Heats Up as Justices Near Opinion Season, which starts out with:

Tensions are starting to boil over at the US Supreme Court.
Back-and-forth sniping between Justices Ketanji Brown Jackson and Samuel Alito Monday night marked the latest sign of strain at a court that has become a prominent symbol of the polarization besetting the country.

Law360 has Roberts Says High Court's Job Is To Make Unpopular Rulings

Bloomberg Law has Roberts Defends Supreme Court Against Partisanship Accusations

At a very basic level, people think we’re making policy decisions,” Roberts said Wednesday while speaking at the Third Circuit judicial conference in Hershey, Pa. “We’re not simply part of the political process, and there’s a reason for that, and I’m not sure that people grasp that as much as is appropriate,” Roberts said.

Also from the 3d Cir. Conference Know 'The Record Below': Appellate Pros Talk Argument Prep

And re SCOTUS argument prep, see Neal Katyal's TED talk, What really won the trillion-dollar Supreme Court case .... and then see The Volokh Conspiracy's Let's Talk about Neal Katyal's TED Talk... and Bloomberg Law's Katyal’s Boast of AI Role in Tariff Win Draws Swift Blowback

The NLJ has Justice Thomas Becomes Second Longest Serving Supreme Court Justice -- Justice Clarence Thomas now sits behind Justice William O. Douglas in the list of longest-serving Supreme Court justices in U.S. history.

On the sanctions front, see this 4/3 unpub, which concludes: "This is a close call, but we decline to impose sanctions. We see a genuine effort by Brother to overturn the trial court’s decision that confuses procedural devices but is not wholly unreasonable. Similarly, any inference of delay from Brother’s repeated supersedeas petitions is rebutted by his motion for calendar preference—a request to speed up this proceeding."

Appointed Counsel Recuitment webinar

On Thursday, May 21, 2026, at noon, join a webinar featuring practitioners who have found professional satisfaction handling appointed appeals for the California Courts of Appeal. Justice Streeter of the First Appellate District, Division Four, will underscore the essential roles that court-appointed attorneys play in the appellate justice system. He will be joined by four experienced panel attorneys from varied legal backgrounds, who will share candid insights into why they find the work rewarding. For those considering taking on appointed cases in criminal, juvenile (delinquency & dependency), and civil commitment appeals, there will be an opportunity for Q&A with the attorneys, as well as a representative from a supervising appellate project. Register here

CAAL new member and officers

California Academy of Appellate Lawyers Announces New Officers and One New Member

The California Academy of Appellate Lawyers is pleased to announce that it elected its officers for the 2026-2027 year and admitted Ari J. Stiller as a new member at its May 3, 2026 meeting.

The new officers are:
· Benjamin G. Shatz of Duane Morris, LLP, Los Angeles, President;
· Judith E. Posner of Benedon & Serlin, LLP, Woodland Hills, Vice President;
· Nathaniel P. Garrett of Jones Day, San Francisco, Treasurer; and
· Todd E. Lundell of Sheppard, Mullin, Richter & Hampton LLP, Orange County, Secretary.

Mr. Stiller is the founder of Stiller Law Firm, and also serves as a lecturer at law at the University of Southern California Gould School of Law. He is a Certified Specialist in Appellate Law. He received his B.A. from Colorado College and his J.D. from University of Colorado Law School.

Founded in 1972, the Academy is the nation’s oldest lawyers’ organization dedicated to appellate practice. Our members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character, and appellate advocacy skills. Academy members are frequently counsel of record in the most complex and highest-impact cases before the California Supreme Court, California Courts of Appeal, and federal appellate courts.

For further information, contact CAAL President Benjamin G. Shatz: BGShatz@DuaneMorris.com, 213-689-7439. More information about the Academy appears on its website at www.CalAppellate.org.

DJ monthly columns

Today's DJ has retired PJ Gilbert's column: The horror of misunderstanding -- Former California appellate justice Arthur Gilbert responds to judicial criticism of his views on artificial intelligence by reflecting on ChatGPT and related examples to argue that while AI is useful, it raises serious concerns about overreliance and its impact on courts and human judgment.

And today's DJ has Myron Moskovitz's column: Bad AI citations: The 'crimes' -- A recent California Court of Appeal opinion in In re Domestic Partnership of Torres Campos & Munoz exposes how lawyers, and even a trial court, relied on fictitious AI-generated legal citations in a pet custody dispute--leading the appellate court to condemn the conduct as a serious breakdown in professional responsibility across counsel and the bench.

And tomorrow's Exceptionally Appealing column (posted already) is Appellate meditation: 'Aum,' not 'um' -- It's National Meditation Month. Breathe in. Brief out. Insert a "t" and trade mediation for meditation.

Also of note: State Bar Releases 2025 Digital Annual Report

"New" address for 5th District

 And we're back....

Court Address Change: May 1, 2026
Pursuant to City Council action, the City of Fresno has reverted the name of Cesar Chavez Boulevard to Ventura Street. Effective May 1, 2026, the court's address is: 2424 Ventura Street, Fresno, CA 93721

Updated 9th Cir. Practice Guide

The updated Ninth Circuit Appellate Practice Guide (March 2026 edition) is now online here. Its 202 pages have 16 chapters covering all aspects of 9th Circuit practice. Congrats to the Appellate Lawyers Representatives for this worthwhile resource.

DJ profiles J. Franson

The DJ's latest appellate justice profile is 5th District Justice Donald Franson's roots run deep in Fresno legal community -- A third-generation judicial officer, Justice Donald R. Franson Jr. reflects on his path to the 5th District Court of Appeal, his father's influence and a career rooted in Fresno's legal community.

The Fresno region abounds with multigenerational farming families, but Justice Donald R. Franson Jr. has a rarer distinction: He is a third-generation judicial officer and a second-generation justice. His maternal grandfather was the late Samuel Hollins, who served as a federal commissioner and bankruptcy referee in the 1920s and 1930s--roles that preceded modern bankruptcy judges. But it is his late father, Justice Donald R. Franson Sr., who looms over his career--literally. A large bronze bust of the elder Franson presides over a conference room steps from his son's office.

4th Dist. payment update

The Fourth District to Implement Online Credit Card Payment Processing

Effective May 1, 2026, the Fourth District Court of Appeal will begin accepting credit card payments online only. Divisions One (San Diego) and Two (Riverside), which previously accepted credit card payments by phone, will transition fully to online credit card payments. Division Three (Santa Ana) will begin accepting credit card payments for the first time through the new online system. Secure links to the Elavon credit card payment portal will be available on the Court’s Fees & Payments page starting May 1, 2026. A 2.3% service fee will apply to all online credit card transactions.
In addition to online credit card payments:
• Divisions One and Two continue to accept checks.
• Division Three continues to accept cash and checks.
Details on all accepted payment methods are available on the Fees & Payments page of the Court’s website.
Please note: This new online credit card process is separate from the credit card payment option available in the Court’s e‑filing platform, TrueFiling.

Cf. Back in October 2025, the 6th District announced it would accept credit card payments, including via QR code. See the Fees page here.

J.Duarte to retire

Today's DJ has 3rd District Justice Elena Duarte to retire after 15 years -- Justice Elena J. Duarte will retire at the end of May after 15 years on the appellate bench and a judicial career spanning nearly two decades.

The 3d District's News Release is here: Third Appellate District Associate Justice Elena J. Duarte to Retire

2d Dist. pro tem update

The following judges are sitting pro tem in the 2d District:

• Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two through May 31, 2026
• Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three from April 27, 2026, through June 26, 2026
• Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through May 22, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through June 20, 2026
• Judge Craig B. Van Rooyen of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Six through May 31, 2026
• Judge Alexander C.D. Giza of the Los Angeles County Superior Court will be sitting Pro Tem in Division Seven through April 30, 2026

Law.com has 'Grave Threat': Ex-Clerks, Judges Urge Supreme Court to Review Newman's Suspension --The retired judges argued the D.C. Circuit relied on faulty precedent to dismiss Federal Circuit Judge Newman's challenge to her suspension.