Category: Uncategorized

On the calendar for hearing on October 6, 2015: Howard Jarvis Taxpayers Association et al. v. Padilla The California legislature passed a bill that would have placed an advisory question, in the form of Proposition 49, on the November 2014 ballot for voters to determine whether to call upon the U.S. Congress to overturn Citizens United v. Federal Election Commission (2010). The issue is whether the California legislature had the authority to place a nonbinding measure on the ballot seeking the views of the electorate. The court issued an order to show cause for why the relief prayed for in...

The California Supreme Court has released a proposal seeking comment on whether to: (1) amend the rule on publication of appellate opinions to eliminate the automatic depublication of opinions when the Supreme Court grants review; and (2) amend the rule on citation of opinions to address the citation of published appellate opinions while they are under review and following decision on review. The proposal and detailed background materials are available here; click on “Supreme Court” on the Invitation to Comment website.

* This posting is an excerpt from the forthcoming 5th Edition of Myron Moskovitz’s book, Winning an Appeal. The Problem Most jurisdictions have two levels of appellate courts: an intermediate appellate court, and what I call the “Top Court.” In New York, the Top Court is called the Court of Appeals. In most other states, it is called the State Supreme Court. And, of course, the “Toppest Court of All” is the U.S. Supreme Court. If you lost in the intermediate appellate court, you can then ask the Top Court to hear your case via a petition—called a “petition for certiorari,”...

We revisit a conversation of ancient vintage about the relative merits of judicial staff attorneys versus annual law clerks in the chambers of California Supreme Court justices. The staff attorneys are long-term professionals, while the annual law clerks are typically recent law school graduates who serve just a year or so (thus the name). This is distinct from the related debate about the role these attorneys play in the court’s decisionmaking process. That discussion is for another day – today we only compare staff attorneys and annual clerks. This conversation has been going on for many years – most recently...

The week of 26 Jan 2015: The court has no arguments scheduled this week. The upcoming argument session is next week, on Wed 04 Feb 2015 in Sacramento. Next week’s argument calendar: The court’s argument calendar for Wed 04 Feb 2015 in Sacramento. The following cases are placed upon the calendar of the Supreme Court for oral argument at its courtroom in the Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento, California, on February 4, 2015. WEDNESDAY, FEBRUARY 4, 2015 9:00 A.M. (1) S208611 California Charter Schools Association v. Los Angeles Unified School District et al. (2) S211596...