Southern California Appellate News

Justice Appointments!

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 07 Aug 2026 23:25:03 +0000

Governor Newsom announces judicial appointments

SACRAMENTO – Governor Gavin Newsom announced his nomination of eight Court of Appeal Justices: Justice Rashida Adams, to the Second District Court of Appeal, Division Three; Judge Denise Hippach to the Second District Court of Appeal, Division Six; David Sapp to the Third District Court of Appeal; Judge Lauri Damrell to the Third District Court of Appeal; Judge Marsha Amin to the Fourth District Court of Appeal, Division One; Judge Lisa Rodriguez to the Fourth District Court of Appeal, Division One; Judge Juliet Macaulay to the Fourth District Court of Appeal, Division Three; Judge Frederick Chung to the Sixth District Court of Appeal.

Second District Court of Appeal, Division Three

Rashida Adams, of Los Angeles County, has been nominated to serve as Presiding Justice in the Second District Court of Appeal, Division Three. Adams has served as an Associate Justice for the Second District Court of Appeal, Division Three since 2023. Adams served as a Judge in the Los Angeles County Superior Court from 2017 to 2023. She served as a Senior Appellate Court Attorney at the Second District Court of Appeal, Division Eight from 2008 to 2017. Adams was an Attorney at Caldwell Leslie & Proctor from 2005 to 2007. She worked as an Attorney at Bernabei & Katz from 2001 to 2005. Adams received a Juris Doctor degree from Yale Law School. 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 Francis Rothschild. If confirmed, she will fill the vacancy created by the retirement of Justice Lee Edmon, and Adams’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Adams is a Democrat.

Second District Court of Appeal, Division Six

Denise Hippach, of San Luis Obispo County, has been nominated to serve as an Associate Justice in the Second District Court of Appeal, Division Six. Hippach has served as a Judge in the Santa Barbara County Superior Court since 2022. She served as a Senior Deputy County Counsel at the Santa Barbara County Counsel’s Office from 2018 to 2022. Hippach served as a Deputy Attorney General at the Idaho Attorney General’s Office from 2015 to 2018. She served as Deputy Prosecuting Attorney at the Canyon County Prosecutor's Office from 2016 to 2018. Hippach served as a Panel Attorney at the California Court of Appeal, Court-Appointed Counsel Program from 2014 to 2018. She served as a Deputy County Counsel at the Los Angeles County Counsel’s Office from 2008 to 2014. Hippach served as a Deputy District Attorney at the Riverside County District Attorney’s Office from 2004 to 2006. Hippach received a Juris Doctor degree from the University of Southern California Gould School of Law. She fills the vacancy created by the elevation of Justice Tari Cody to Presiding Justice. 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 Francis Rothschild. Hippach is a Democrat.

Third District Court of Appeal

David Sapp, of Napa County, has been nominated to serve as an Associate Justice in the Third District Court of Appeal. Sapp has served in multiple roles at the Office of Governor Gavin Newsom including as the Legal Affairs Secretary since 2022, as the Chief Deputy Legal Affairs Secretary from 2021 to 2022, and as a Deputy Legal Affairs Secretary from 2019 to 2021. He served as Deputy Policy Director & Assistant Legal Counsel at the California State Board of Education from 2016 to 2019. Sapp worked at the American Civil Liberties Union Foundation of Southern California as Director of Education Advocacy from 2014 to 2016 and as Staff Attorney from 2009 to 2014. He served as a Law Clerk at the Ninth Circuit Court of Appeals from 2008 to 2009. He worked as a Skadden Fellow and Staff Attorney at the Advocates for Children’s Services, Legal Aid of North Carolina from 2006 to 2008. Sapp served as a Law Clerk in the U.S. District Court for the Middle District of Alabama from 2005 to 2006. Sapp received a Juris Doctor degree from Stanford Law School. 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 Laurie Earl. If confirmed, Sapp will fill the vacancy created by the retirement of Justice Ronald Robie after Justice Robie completes his term of office on January 4, 2027, and Sapp’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Sapp is a Democrat.

Lauri Damrell, of Sacramento County, has been nominated to serve as an Associate Justice in the Third District Court of Appeal. Damrell has served as a Judge in the Sacramento County Superior Court since 2018. She has worked as an Adjunct Professor at Lincoln Law School since 2022 and as a visiting lecturer at the University of California, Davis since 2019. Damrell worked in several roles at Orrick, Herrington & Sutcliffe including as Partner from 2016 to 2018 and as Associate from 2006 to 2016. She served as Deputy District Attorney at the Sacramento County District Attorney’s Office in 2014. Damrell served as a Law Clerk in the U.S. District Court for the Eastern District of California from 2005 to 2006. Darmrell received a Juris Doctor degree from the University of California, Davis School of Law. 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 Lauri Earl. If confirmed, she will fill the vacancy created by the retirement of Justice Elena J. Duarte, and Damrell’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Damrell is registered as No Party Preference.

Fourth District Court of Appeal, Division One

Marsha Amin, of San Diego County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division One. Amin has served as a Judge in the San Diego County Superior Court since 2023. She served as Managing Attorney at the Fourth District Court of Appeal from 2018 to 2023 and served as Senior Attorney from 2011 to 2018. She was a Litigation Attorney at Procopio, Cory, Hargreaves & Savitch from 2006 to 2010. Amin worked as a Law Clerk in the U.S. District Court for the Southern District of California from 2005 to 2006. Amin received a Juris Doctor degree from the University of San Diego School of Law. She fills the vacancy created by the death of Justice Joan Irion. 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. Amin is a Democrat.

Lisa Rodriguez, of San Diego County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division One. Rodriguez has served as a Judge in the San Diego County Superior Court since 2015. She has worked as an Adjunct Professor at the University of San Diego School of Law since 2014. Rodriguez served as a Deputy District Attorney at the San Diego County District Attorney’s Office from 1998 to 2015. She served as a Deputy City Attorney at the San Diego City Attorney's Office from 1996 to 1998. Rodriguez received a Juris Doctor degree from the University of San Diego School of Law. 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. If confirmed, Rodriguez will fill the vacancy created by the retirement of Justice Terry B. O’Rourke after Justice O’Rourke completes his term of office on January 4, 2027, and Rodriguez’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Rodriguez is a Democrat.

Fourth District Court of Appeal, Division Three

Juliet Macaulay, of Orange County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division Three. Macaulay has served as a Judge in the Orange County Superior Court since 2022. She held various roles at the California Department of Social Services including as Chief Administrative Law Judge from 2020 to 2022, Presiding Administrative Law Judge from 2016 to 2020, and Administrative Law Judge from 2012 to 2016. Macaulay held various roles at the California Board of Parole Hearings including as a Commissioner in 2011 and a Deputy Commissioner from 2004 to 2011. She was a Sole Practitioner at the Law Offices of Juliet Macaulay from 1997 to 2004. Macaulay received a Juris Doctor degree from the University of Ibadan. 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. If confirmed, she will fill the vacancy created by the elevation of Justice Joanne Motoike to Presiding Justice, and Macaulay’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Macaulay is a Democrat.

Sixth District Court of Appeal

Frederick Chung, of Santa Clara County, has been nominated to serve as an Associate Justice in the Sixth District Court of Appeal. Chung has served as a Judge in the Santa Clara County Superior Court since 2018. He worked as a Partner at Gibson, Dunn & Crutcher from 2003 to 2018. Chung worked as an Associate at Morrison & Foerster from 1996 to 2003. He served as a Law Clerk in the U.S. Court of Appeals for the Sixth Circuit from 1995 to 1996. Chung received a Juris Doctor degree from Harvard Law School. 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 Mary Greenwood. If confirmed, Chung will fill the vacancy created by the retirement of Justice Adrienne Grover after Justice Grover completes her term of office on January 4, 2027, and Chung’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Chung is a Democrat.

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

FVAP opinion to issue on Monday!

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 07 Aug 2026 17:45:20 +0000

On Monday, August 10, the Cal Supremes will issue the opinion in:

FAMILY VIOLENCE APPELLATE PROJECT et al. v. SUPERIOR COURT OF CONTRA COSTA COUNTY S288176 (Original proceeding) Argued in Los Angeles 6-03-26 This case presents the following issue: Does the prohibition on electronic recording of certain proceedings in Government Code section 69957, subdivision (a) violate the California Constitution when an official court reporter is unavailable and a litigant cannot afford to pay a private court reporter?

Updated LASC App Div Hearing Dates

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 06 Aug 2026 17:51:36 +0000

Updated 2026 Oral Arguments Hearing Dates

The Sept.17 Appellate Division oral argument has been moved to Sept. 24, 2026. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division courtroom, located in Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court. The revised 2026 schedule is here.

CJA hearings Aug. 6

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 05 Aug 2026 21:35:58 +0000

The Commission on Judicial Appointments will hold in-person hearings in San Francisco on Thursday, August 6, 2026, beginning at 9:00 a.m. to consider appointments by Governor Gavin Newsom.
The following is the morning schedule for the Second District:

9:00 a.m.: Justice Tari Cody as presiding justice of the Second Appellate District, Division Six (Ventura)
10:00 a.m.: Judge Nicholas Daum as associate justice of the Second Appellate District, Division Four (Los Angeles)

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

The Commission on Judicial Appointments will hold a public hearing in San Francisco on Thursday, August 06, 2026, beginning at 12:00 p.m. to consider Governor Gavin Newsom's appointment of Judge Charles F. Adams as Associate Justice of the Sixth District Court of Appeal.

The DJ has Cody confirmed to lead 2nd District's Division 6, 3 other judges elevated to Court of Appeal -- Justice Tari Cody is the first woman to lead the Ventura-based court. 5th District Justice Sunny S. Sandhu is the first Sikh justice in California. And Justice Nicholas F. Daum dreamed of being a part of the legal profession from an early age, his mother testified.

Family Law appellate mcle program

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 05 Aug 2026 17:50:41 +0000

On November 4 at noon, LACBA's Appellate and Family Law Sections will present Family Law Appeals: Initial Quick Decisions, with panelists Claudia Ribet (certified appellate and family law specialist) and Greg Ellis (certified appellate specialist) (both at CALG and both CAAL members).

A program addressing important issues in family law appeals: (1) the new Statement of Decision statute, and anticipated rules of court; (2) the collateral order doctrine, and how it functions in family law; and (3) immediate appeals in bifurcated rulings under California Rules of Court rule 5.932.

Published sanctions order

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 04 Aug 2026 21:19:46 +0000

2/4 publishes an OSC order imposing $1,000 in sanctions here, which begins:

An adverse ruling is not evidence of judicial bias. And lawyers may not accuse a judge of bias without evidence. We publish this opinion as a warning to those who appear before the appellate bench. Challenges to the integrity of the hard-working, dedicated trial judges of this state must be based on evidence in the record, not the personal frustrations of counsel or parties. Members of the bar may not spew allegations of judicial bias merely because they disagree with a ruling. Counsel must not expect courts of appeal to allow such baseless outbursts.

(Watch the oral argument here (staring at 59'30"))

1st & 2d Dist. pro tem update

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 03 Aug 2026 18:47:55 +0000

Judge Alexandra Robert Gordon of San Francisco Superior Court will be sitting pro tempore in First District, Division Four until September 30, 2026.

In the 2d District:

Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through August 31, 2026
Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through September 22, 2026
Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through October 14, 2026
Judge Jessica Delgado of the Santa Clara County Superior Court will be sitting Pro Tem in Division Three through September 30, 2026
Judge Nicholas Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four through August 17, 2026
Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through August 19, 2026
Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through August 31, 2026

DJ monthly columns

noreply@blogger.com (Ben Shatz (SCAN)) — Sat, 01 Aug 2026 21:57:17 +0000

A new month brings a new set of monthly appellatety columns in the DJ!

Retired PJ Gilbert has Why? -- A retired judge humorously reflects on everyday frustrations--from cyclists without helmets and cell phone distractions to tattoos and modern expressions--before questioning why judicial opinions have become increasingly long and difficult to understand.

Myron Moskovitz has Are AI-generated briefs persuasive? -- AI can produce well-researched and logically organized appellate briefs, but experienced appellate lawyers remain better at strategic judgment, persuasive advocacy and anticipating the human factors that can influence judicial decision-making.

AI produces briefs that are strong on logic (usually), well-researched and very thorough. But not so strong on strategic thinking and sensitivity to a judge's human emotions. And AI's writing is pedestrian. ... AI is cheap and it can provide a good starting point. But I would never file one without having an experienced appellate attorney spend a few hours reviewing it. The risk and the stakes are just too high.

And this month's Exceptionally Appealing column is Appellate Algebra Alert! about Ninth Circuit Rule 32-3 setting forth the "Page/Word Conversion Formula for Briefs and Other Documents." And you thought there'd be no math!

AI Sanctions (Illinois edition)

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 31 Jul 2026 16:40:10 +0000

Law360 reports Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.
$15,000 fine within 30 days of the opinion's filing for the 10 false citations included in his documents.
"AI-hallucinated citations are an increasingly persistent problem in courts nationwide," the panel said. "This indicates that the fines courts are imposing are not enough to deter improper AI use among attorneys. In fact, the prospect of sanctions in this case did not deter attorney Cole from submitting outdated statutory citations and disobeying this court's order to include pin cites in his response. Courts have no choice but to increase fines for AI-hallucinated citations until those fines have a significant deterrent effect."
The panel added that it was considering additional nonmonetary sanctions, such as ordering Cole to provide a copy of the opinion to every judge working a case he participates in and a requirement to take continuing legal education classes related to proper AI usage.

Appellate tidbits

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 30 Jul 2026 13:52:58 +0000

Bloomberg Law has Trump Picks Flex Rising Influence on Largest US Appeals Court -- Trump has appointed 11 judges on the 29-seat Ninth Circuit. His picks have had an outsized voice although liberals still hold a narrow majority.

Law.com has What Was Behind the Circuits' SCOTUS Reversal Rates This Term?

The DJ has Rethinking application of the disentitlement doctrine in cases involving domestic violence (by H&L's Melissa Whalen and Sarah Fiskin) -- As California courts increasingly apply the disentitlement doctrine to family law disputes, it should never be used to strip domestic violence victims of restraining order protections simply because they failed to pay court-ordered attorney fees to their abuser.

The DJ's July 2026 monthly Discipline Report reports on the May 15 disbarment of John Charles Eastman and the May 29 suspension of Joseph Lawrence Dunn.

Bonding article

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 28 Jul 2026 23:04:10 +0000

Who can resist reading an article titled Hybrid Collateral Approaches to Obtaining an Appeal Bond? Thanks to CSBA for sharing their wisdom!

RIP J.K. Brown

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 28 Jul 2026 15:41:57 +0000

Every California appellate lawyer knows Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233. The DJ has John Kenneth Brown 1935 - 2026 -- Argued a landmark decision that reshaped California writ practice.

J. Kenneth Brown, a founding partner of Brown, Winfield & Canzoneri whose name became synonymous with a landmark California Supreme Court decision that reshaped California writ practice, died June 15 after a legal career that spanned nearly six decades in municipal law. He was 91.

Brown co-founded Brown, Winfield & Canzoneri in 1974 and practiced there for 35 years.

Regarding Palma notices, the article explains:

Chief Justice Ronald M. George, writing for the majority, upheld the Court of Appeal's use of the suggestive Palma notice, concluding that California law does not prohibit the procedure because it "in no sense commands or obligates the trial court" and "is more analogous to a tentative ruling."

The court explained that the procedure preserves the appellate court's options. If the trial court declines to follow the tentative view, the Court of Appeal may summarily deny the petition, issue a peremptory writ or issue an alternative writ followed by briefing and oral argument.

6th DCA window closure on Aug. 5

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 27 Jul 2026 19:25:08 +0000

Court Closure Announcement - 8/5/26 -- The Clerk’s Office window will be closed on Wednesday, August 05, 2026, from 10:30 AM PST to 2:00 PM PST. The drop box on the 10th floor, next to the Clerk’s Office at 333 West Santa Clara Street, San Jose, CA, will be available for the public to drop off documents.

Goldstein sentenced

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 24 Jul 2026 20:24:04 +0000

Bloomberg Law has Goldstein, 44-Time Supreme Court Lawyer, Sentenced to Six Years

Prodigious US Supreme Court lawyer and SCOTUSblog co-founder Tom Goldstein was sentenced to six years in prison on Friday following his convictions on federal tax and mortgage fraud charges early this year.

US District Judge Lydia Kay Griggsby also ordered him to pay $3.1 million in restitution and be on supervised release for five years after completion of his prison term.

J.Kagan at 9th Cir. Conference

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 24 Jul 2026 15:42:56 +0000

Bloomberg Law has Kagan Says Supreme Court Not a ‘Rubber Stamp’ for Trump Policies

“On quite a number of occasions we’ve said to this administration, to this president: ‘You can’t do that,’” Kagan told judges and lawyers at the judicial conference for the US Court of Appeals for the Ninth Circuit in Bellevue, Wash., on Thursday.

Judge Gould video

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 23 Jul 2026 15:49:42 +0000

July is Disability Pride Month. CBS Sunday Morning ran segment on Ninth Circuit Judge Gould here.

Ronald Gould is a federal judge on the Ninth Circuit Court of Appeals in Seattle, one rung below the U.S. Supreme Court. At 79, he shoulders a full caseload despite living with progressive multiple sclerosis. He talks with CBS News chief medical correspondent Dr. Jon LaPook about working with MS, a condition he faces with grit and a healthy dose of humor. LaPook also talks with one of Gould's former law clerks, Karla Gilbride, an attorney who has been blind since birth.

Law360 has Retired Judges Rip Bid To Ban Foreign-Born Federal Judges -- "A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States."

No AI sanctions in 7th

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 20 Jul 2026 20:48:17 +0000

Law360 has 7th Circ. Admonishes Atty Over 'Astonishing' Bogus Citations (see this opinion).

Bloomberg Law's article is Appeals Court Warns Bankruptcy Lawyer Over Alleged AI Misuse

Closer to home, Justice Raphael has (in the DJ) Patchwork Resentencing -- California's piecemeal approach to resentencing reforms has created uneven opportunities for incarcerated defendants, raising questions about whether a more consistent "second look" system would better promote fairness and sentencing equity.

Law.com has Can Governor Newsom Appoint Himself as the Next SCOCA Justice? -- The appointment’s timing might be driven by the deadline to make this fall’s general election: before the cutoff the nominee has to stand for retention in November, but afterwards the governor can appoint someone who will not face the voters until the 2028 general election.

Law360 also has Circuit-By-Circuit Guide To The US Supreme Court's Term

Is anyone else seeing a yellow background for this nonpub?

Jobs at the 6th District & elsewhere

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 15 Jul 2026 17:23:52 +0000

The Sixth District Court of Appeal has openings for two research attorneys (one in Justice Bromberg's chambers). Info about all such openings appears here.

Who's crying now?

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 14 Jul 2026 16:48:15 +0000

Marble Palace Blog: Requiem for a Crier -- George Hutchinson, the Supreme Court's last "crier" in 1962, died last month at 102.

Law.com has 'New Tool in Their Toolbox': Ex-Arnold & Porter Duo Bring Appellate Edge to Plaintiffs Firm -- “Appellate issues can spring up when you're drafting the complaint,” said R. Stanton Jones, of Trial Lawyers for Justice. “I think it's great for plaintiffs' firms and for their clients to get the benefit of appellate and complex legal issues specialists like us onboarded to a matter early on, so that we can help avoid pitfalls."

More AI sanctions

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 10 Jul 2026 21:23:53 +0000

Here's a published opinion from 1/4 imposing sanctions ($1500) payable to the court for .... you know....

The DJ has Another attorney sanctioned for failing to check AI-generated work -- The 1st District Court of Appeal ruled that lawyers have a nondelegable duty to personally verify all legal authorities before submitting them to a court.

Clement interview

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 09 Jul 2026 20:24:56 +0000

Law360 has How Paul Clement Does It All -- Clement, who was U.S. solicitor general under former President George W. Bush, is used to making several oral argument appearances before the justices in a term, but this year he set a new personal best by arguing nine cases before the high court.

How do you prepare for each argument? My basic approach to preparing for these oral arguments hasn't really changed since I was in the solicitor general's office, and the standard practice in the solicitor general's office is to do two moot courts before a Supreme Court argument. I think moot courts are absolutely indispensable. I would never do a Supreme Court argument without doing at least two moot courts, so I've kind of stuck to that basic practice. Last term, I had three cases, and I did two moots for each one. And I did the same thing this year, even though there were more cases.

Law360 also has After Tense Terms, Hints Of High Court Harmony With Circuits and The Sharpest Dissents From The Supreme Court Term

2d Dist pro tem update

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 09 Jul 2026 17:41:11 +0000

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

Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through August 31, 2026
Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through July 24, 2026
Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through August 14, 2026
Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through July 31, 2026
Judge Nicholas Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four beginning July 20, 2026
Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through August 19, 2026
Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through July 31, 2026

DJ profiles H&L

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 09 Jul 2026 17:37:47 +0000

Today's DJ has Horvitz & Levy expands beyond appeals as trial consulting practice grows -- Driven by the rise of nuclear verdicts, Horvitz & Levy has become increasingly involved in cases long before a notice of appeal is filed, helping trial teams shape legal strategy while maintaining the collaborative culture that has defined the appellate boutique for more than 50 years.

Founded by appellate pioneer Ellis Horvitz, the firm helped establish the modern appellate boutique. Today, with more than 40 lawyers in Burbank and San Francisco, Horvitz & Levy remains one of the nation's largest firms devoted solely to appeals. Firm leaders say its recent growth has been driven as much by trial consulting as by traditional appellate work.

"We're at a point where we've seen tremendous growth in both our appellate practice and our related trial consulting practice," partner David M. Axelrad said. "Clients increasingly understand that appellate lawyers can add value before and during trial, not just after a verdict."

Comeback appeals -- we mean it!

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 08 Jul 2026 18:10:12 +0000

In the Ninth Circuit, if a case is decided on appeal, gets remanded, and then gets appealed a second time in the future, the second appeal (a "comeback" appeal) is supposed to get assigned to the original panel (or at least the original panel is supposed to be notified, and it can then decide to take it or not). This is spelled out in General Order 3.6(d). Sometimes, however, comeback cases slip through without this process. In a published order on Monday, the court admits that the comeback procedures weren't followed in the case (which, now after oral argument, is being reassigned to the original panel). The order also states "our court is taking internal measures to ensure that General Order 3.6(d) is strictly followed in the future."

Professor Martin's take on all this is one word: Oops.

In other 9th Circuit news, see Judicial Conduct and Disability Complaint Number 26‑90153, where Chief Justice John G. Roberts, Jr. has transferred the complaint regarding Circuit Judge Ryan D. Nelson, to the Judicial Council of the Fourth Circuit.

Bloomberg Law has Barrett, Kagan to Appear at Hearings on Supreme Court Budget

Supreme Court justices last testified publicly on their budget in 2019. Their practices in the past have also included private meetings with lawmakers to discuss funding.

Today's California civility published opinion from 4/3 is here. "Stonewalling the other side in such a manner, irrespective of any underlying intent or lack thereof, falls far short of conducting oneself with dignity, courtesy, and integrity."

2d Dist bids Farewell to Edmon & Collins

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 08 Jul 2026 01:10:55 +0000

Second Appellate District Bids Farewell to Presiding Justice Lee Edmon and Associate Justice Audrey Collins -- The Second Appellate District marks the retirement of two long-serving colleagues, Presiding Justice Lee Smalley Edmon of Division Three and Associate Justice Audrey B. Collins of Division Four, both effective at the end of June 2026. Together, their nearly two decades on this court reflect a shared commitment to public service that shaped not just their divisions, but the district as a whole. The court extends its deepest gratitude for their years of dedicated service.

The DJ has 2nd District Court of Appeal loses two longtime justices to retirement -- Two longtime 2nd District Court of Appeal justices, Lee Smalley Edmon and Audrey B. Collins, retired at the end of June after distinguished careers spanning California state and federal courts.