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.

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  

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.

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/

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.

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.

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

Should Supreme Court's Emergency Docket Orders Bind Lower Courts? | Law.com

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

• Jensen, Erik M., A Comment on Justice Thomas's Commas (Jan. 1, 2025). Case Legal Studies Research Paper No. 2025-10, Available at SSRN: https://ssrn.com/abstract=5266376 or http://dx.doi.org/10.2139/ssrn.5266376
• Christensen, Grant and Mullins, Anne, The Lone Dissent (Feb. 10, 2025). ___ Wash. & Lee L. Rev. ___ (2026), Available at SSRN: https://ssrn.com/abstract=5213323 or http://dx.doi.org/10.2139/ssrn.5213323

Will J.Thomas reach the SCOTUS tenure record?

Today's DJ has Eric Kingsley's From liberal lion to conservative stalwart: Clarence Thomas passes Brennan -- As Justice Clarence Thomas surpasses Justice William Brennan in tenure, the contrast between them underscores the Supreme Court's profound rightward shift since the liberal heyday of the Warren Court.

• Yesterday marked a milestone on the U.S. Supreme Court -- a passing of the ideological torch through the measurement of time. Justice Clarence Thomas, the most enduring conservative voice on the bench, has now officially surpassed Justice William J. Brennan Jr., the liberal lion of the Warren Court, in length of service.
• Brennan served 12,330 days on the court before retiring on July 20, 1990. Thomas reached that figure on Saturday and surpassed Brennan yesterday, placing him seventh on the all-time list of longest-serving justices.

• By passing Brennan, Thomas joins the upper echelon of judicial longevity. Only six justices remain ahead of him in days served, and most observers believe he has his eyes on the top. The remaining names were influential jurists, many with mixed historical standing. They include John Marshal Harlan (the lone dissenter in Plessy v. Ferguson), Hugo Black (who authored Korematsu, Gideon v. Wainwright and Engel v. Vitale), John Marshal (Marbury and McCulloch), John Paul Stevens (wrote the dissent in Bush v. Gore), Stephen Johnson Field (Pennoyer v. Neff, and also wrote majority in Plessy).
• Finally at the top of the list is William O. Douglas (who authored Griswold), the longest-serving justice in history. To surpass him, Thomas must remain on the court until May 20, 2028. That date would mark 13,359 days of service -- just one more than Douglas's 13,358. That's less than three years from now and entirely within reach.

Fix the Court has released A Slightly Less Sorry State of Disclosure: A New Report on Judicial Financial Disclosure in the States (July 2024) California remains #1!

California (29 points, passable [tied for highest score]; same as last year): California justices’ Statements of Economic Interests can be found by searching on the Fair Political Practices Commission website. The gift/outside income section of the reports includes instructions saying that acceptance of such items “may result in a disqualifying conflict of interest.” We’d like to see more of that from the states — and from the federal judiciary.

[And see State Justices' Financial Disclosures 'Didn't Get Worse' In '24 - Law360]

UC Berkeley Students Get Inside Look into Careers in the Court System | California Courts Newsroom

Law.com reports on a new book: Judge and Attorney Uncover Link Between Law and Baseball

While Jarvis and Schiff celebrate the legal baseball minds of the past, they admit that the game is over for attorney-players. "We will probably never again see a player who becomes an attorney and then gets into the Hall of Fame," Jarvis said. "It just doesn't make any economic sense. In the 19th century, players didn’t make very much money and when they retired they didn't have a pension, so they needed a way to feed themselves. But those days are gone. As a result, in the future we're only going to see baseball owners, baseball executives, and baseball commissioners getting into the Hall of Fame."

Disentitlement alert!

The MetNews has C.A. Finds Disentitlement Doctrine Applies Based on Non-Litigation Misconduct -- Appeal from DVRO Is Dismissed in Case of Woman Who Committed Felony Abduction, Contests Court’s Jurisdiction Over Her

4/1's unpub is here.

J.Kagan at 9th Cir. Conf.

The DJ has Justice Kagan reflects on dissent, urges caution in use of emergency docket -- In a speech at the 9th Circuit Judicial Conference following a forceful dissent, U.S. Supreme Court Justice Elena Kagan called for greater transparency in emergency rulings and warned against vilifying judges.

Bloomberg Law has Kagan Urges Caution in Supreme Court Use of ‘Shadow Docket’

Supreme Court Justice Elena Kagan called on her colleagues to exercise caution when issuing emergency orders in legal challenges without explaining their reasoning, a day after she sharply criticized the use of the shadow docket in a dissent.
One “should be hesitant about” making decisions that disrupt lower courts without the benefit of legal briefing, oral argument, and consultation with each other, “unless we really have to,” Kagan told judges and lawyers at the US Court of Appeals for the Ninth Circuit’s judicial conference in Monterey, California, on Thursday.

C-Span has posted this video (~45 minutes): Justice Kagan at 2025 Ninth Circuit Judicial Conference

California SG leaving

Bloomberg Law has California Solicitor General Reflects on 6 Years of ‘Dream Job’

• California Solicitor General Michael Mongan is stepping away from his self-described “job of a lifetime” after six years of maintaining his office’s ascendant growth. “It’s never easy to think about leaving a dream job, especially when there’s a lot of important work going on,” Mongan told Bloomberg Law in an interview. “This transition is going to help me better support the needs of my family.”
• Mongan is stepping down from his day-to-day duties Friday to help with the hiring process for his replacement and begin his transition into private practice in California. Principal Deputy Solicitor General Helen Hong will serve as acting solicitor general until state Attorney General Rob Bonta appoints a new SG in the coming months.
• The SG’s office under Mongan expanded its geographic footprint into Southern California, broadening its recruitment pool to the Los Angeles and San Diego area, the California Department of Justice said. The office now also has the capacity to regularly advise and provide legal opinions to the state AG and other state officials, such as Gov. Gavin Newsom.

5th DCA Conflict of Interest Code Amendment

The Conflict of Interest Code for the Court of Appeal, Fifth Appellate District, is being amended to add designated positions, eliminate a position title that no longer exists, and adopt gender-neutral language. Please email any comments you may have regarding this proposed amendment to: public.comments@jud.ca.gov.

Q&A w/Molly Dwyer

Bloomberg Law has Q+A: Meet the Top Clerk for the 9th Cir.

Q: What are some of the biggest changes you’ve seen over the years?
Molly Dwyer: I’ve seen so many changes. The iPad was one of the greatest things that happened to the court. I could not get these judges to move off paper at all until I gave them all iPads, and now they use documents electronically. It’s great because I would like to move to a place where we don’t require the lawyers to give us paper. I think we’ll get there in the next year or two. The court also went through years where we had tons of vacancies, and we had a backlog of 16,000 cases. Now — since the first Trump administration — we have a full court. Our backlog is down to 8,000 cases, and we’re arguing cases the same year they’re filed. That’s a super positive development.

J. Murray files an answer

The Recorder has Former CA Appellate Justice Blames Complex Caseload, Court Attorneys for Chronic Case Delays

• A former state appellate justice facing disciplinary charges for allowing assigned cases to languish for years blamed his meticulous work ethic, changing laws, cumbersome courthouse processes and a host of other factors for the chronic delays.
• In a 106-page answer filed Monday with the Commission on Judicial Performance, retired Third District Court of Appeal Justice William Murray Jr. insisted the backlog of cases that plagued his chambers was "not for lack of trying or habitual neglect."

[The DJ has Retired justice fights watchdog over timing of charges over judicial delays -- William J. Murray Jr., formerly of the 3rd District Court of Appeal, argues California's judicial oversight body waited too long to act, while denying his own delays in issuing rulings amounted to misconduct.

• Retired justice William J. Murray, Jr. claimed this week he cannot get a fair trial from California's judicial watchdog because it waited too long to bring the case. Ironically, the misconduct charges the Commission on Judicial Performance filed against Murray last month say he engaged in chronic delay in delivering opinions.]

[Law360 has Ex-Calif. Judge Says 'Trying To Do Too Much' Led To Backlog]

1st DCA pro tem update

Judge Jason Clay of the Alameda County Superior Court will be sitting pro tempore in First District, Division Four until October 31, 2025.

OCSC has not public notice: Electronic Filing Expanded to Include Family Law Appeals Effective August 25, 2025

And see Courts Continue Modernizing Services for the Public -- Digitizing court records, ensuring disaster recovery during unexpected server outages, and other technology projects improve services and access for court users:

Courts of Appeal Digitize Court Records
The Courts of Appeal in California had a problem: too many paper documents that were costly to store, difficult to access, and at risk of damage or loss. Money available from the branchwide Information Technology Modernization (IT Mod) Funding Grant program enabled the courts to scan 16,555,487 documents, eliminate 6,389 bankers boxes filled with papers, and save $20,111 annually in off-site storage. The project also eliminated the need for court staff to physically retrieve and photocopy records, and increased the public’s access to the records online. “The public benefit of digitizing records and provides immediate electronic access to records is tremendous and enhances service to both court staff and to the public,” said Charles Johnson, Clerk/Executive Officer, Court of Appeal, First Appellate District. “It created significant operational efficiency, as we can pull up documents in seconds and send it to the member of the public if requested.”

It's Baaack! (9th Cir. split?)

Law360 has Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

• Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.
• U.S. Sens. Mike Crapo and Jim Risch said they've reintroduced the "Judicial Reorganization Act," which they said tackles the "overly encumbered, inconsistent and slow judiciary" plaguing western states. Under the bill, a new Twelfth Circuit Court of Appeals would span Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington while the Ninth Circuit would be responsible for California, Guam and Hawaii.

Crapo, Risch Reintroduce Bill to Split Ninth Circuit Court of Appeals | U.S. Senator Mike Crapo

The 9th Circuit Conference is taking place this week in Monterey. The DJ has this: Supreme Court relies heavily on emergency docket, experts say -- At the 9th Circuit Judicial Conference, legal experts said the high court majority increasingly uses its emergency docket to favor Trump administration actions, leaving critical legal questions unresolved and confusing.

Los Angeles County Superior Court executive officer, clerk of court honored with national court administration award | National Center for State Courts

Threats to judges

Law.com has Another Federal Judge Speaks Out on Recent Threats to Jurists, Family Members

• Childs, speaking at an event at the federal district courthouse in Seattle last week, said she’s had seven pizzas delivered to her home and she sees them as part of a wave of actions meant to intimidate judges.
• Childs spoke Wednesday as part of a panel discussion dubbed “Stress and Duress: Past and Present Challenges to the Judicial Branch,” which was co-sponsored by M. Margaret McKeown Federal Bar Association, the Berkeley Judicial Institute, the Washington chapter of the American Board of Trial Advocates and the Ninth Judicial Circuit Historical Society.

And Bloomberg Law has Judges These Days Are Actually Too Young, 91-Year-Old Says

"My concern is more the younger judges—30s, early 40s—that are being put on circuit courts of appeals. To me that’s the larger problem."

Law.com has Trump Cases Highlight Differences Among Supreme Court's Liberal Dissenters

What "showing the date" of service means

 

Show me the date of service!

1/1 publishes this opinion:

to clarify what “showing the date” of service means when the superior court clerk electronically serves either Notice of Entry, or a file-endorsed copy, of an appealable judgment or order. As we shall explain, under the pertinent statutes and rules, and California Supreme Court authority, a signed “certificate” of service by the clerk must be attached to, stamped on, or imbedded in the document being electronically served so the time to appeal can readily be determined from a single document.

[The MetNews has 60-Day Period for Filing Notice of Appeal Wasn’t Triggered -- Justices Say Email With Ruling Attached Wasn’t Sufficient to Constitute Service]

4/2 seeks Librarian

The Fourth District Court of Appeal, Division Two in Riverside is accepting applications for Law Librarian. The job can be found on the Law Librarian | District Courts of Appeal. The posting is open until August 30, 2025.