The Los Angeles County Bar Blog

Newslines

Anthony V. Salerno and David M. Murphy's "Jailhouse Call" in the September issue of Los Angeles Lawyer offers guidance to attorneys who do not practice criminal defense law on what to do when a client calls from jail.

Len Aslanian worked as a law clerk with the HIV & AIDS Legal Services Alliance (HALSA) of Los Angeles on discrimination and privacy issues and was one of only eight students from across the country honored by Equal Justice Works as a Summer Corp Standout. He describes his creative legal work: "We are considering charging a certain employer with violations of multiple sections of the California Civil Code that have rarely been litigated, some less than a dozen times, and never in the context of HIV discrimination. If we are successful, we will help to set new precedent that future victims of civil rights violations can draw upon."

Just a reminder: Lawyers, do not call a judge an "evil, unfair witch" on your blog.

Overlawyered has the story of the Ninth Circuit decision that evidence that a criminal defendant has Asperger's syndrome should have been admitted at trial. The ABA Journal also covers the decision.

Newslines

According to the Met News, "The California Supreme Court has adopted a new rule requiring attorneys who do not have malpractice insurance to directly notify their clients about the lack of coverage."

Can Paris Hilton sue Hallmark Cards for a card with her likeness and her well-known phrase "That's hot"? The Ninth Circuit decides. Shuan Martin reports.

From today's LA Times: "Dimitrios P. Biller of Pacific Palisades, a former managing counsel for Toyota Motor Sales USA Inc., said in the suit that the company repeatedly forced him to illegally withhold information from opposing lawyers and made him resign in September 2007." Legal Pad LA.

USA v. Inzunza (9th Circuit): City council members convicted of fraud and extortion, strip clubs, a "concerned citizen" who'd appear at a hearing, and a guy named Tony who owns a gym and talks to the FBI. Stay classy, San Diego.

2009 CA Court Statistics Report Now Available

The 2009 annual Court Statistics Report, published by the Judicial Council and Administrative Office of the Courts, is now available here. This roughly 150-page report covers the most recent statistics from the Supreme Court, Courts of Appeal, and Superior Courts. This is a great resource for answering questions clients expect lawyers to know, such as: What are the odds the Supreme Court will deny a petition for review? (94%) How long will it take to get a decision from the court of appeal after a notice of appeal is filed? (Statewide median is 448 days) What are the likely results of an appeal? (87% affirmed; 10% reversed; 3% dismissed) How many court of appeal opinions are published ? (9% overall; 19% for civil appeals

Judge Chaney Nominated for Court of Appeal

According to the Met News, "Arnold Schwarzenegger yesterday nominated Los Angeles Superior Court Judge Victoria G. Chaney and U.S. Magistrate Judge Jeffrey W. Johnson of the Central District of California to Div. One of this district’s Court of Appeal."

The Ninth Circuit Has a New Website

Today the Ninth Circuit unveiled its new website. It's sleeker, cooler, and more organized. If you had bookmarked favorite pages within the old website (e.g., to the opinions page), you'll need to redo those. This looks like a very positive development with more improvements on the way. Please post comments to discuss what you like and and don't like about the new website.

For Chief Judge Kozinski's introduction to the new website, click here.

A Concept for a New Jury System

Whenever I speak to someone who has served on a jury they say two things:

1) "It was a major inconvenience" and
2) "we need professional jurors."

Sometimes they add: "but I was glad I did it."

I have been summoned twice, once before becoming a lawyer and once since, and I have a concept for a new system. I do not know if it is an improvement; I just think it is an interesting idea that I have not heard elsewhere.

Drop the third year of law school and require a one-year "residency" of jury service to become a lawyer. This would supplement, not completely replace, the current system, since there are not enough law students to go around. This would have many benefits:

1) The state can charge a "residency" fee, which would help the budget a little. This fee would probably be less than the student would pay for the third year of law school, which would have the added benefit of lowering student loans. 
2) The student would sit through numerous trials, thus learning a lot about the practice of law. This would also give the student a juror's perspective, which is very beneficial to the practice of law. 
3) It would put people with legal training, available time, motivation, and interest on juries. 

I know many would say that legal training is not a benefit. But I think it is, and since I am writing the post, I am declaring it so. 

Is Friday a Court Holiday?

All courts are closed on Thanksgiving, but what about Friday, the day after Thanksgiving? Friday is a holiday for the U.S. District Court, Central District of California, and for L.A. Superior Court. But Friday is not a holiday for the Ninth Circuit. Some Ninth Circuit employees had the option of working on Veteran's day and then transferring that holiday to Friday. This difference between the district court and court of appeals is yet another tricky trap for the unwary. It's not safe to assume that just because some courts are closed that all courts are closed. You've been warned! Now enjoy your turkey, but get your Ninth Circuit filings in on Friday.

2008 CA Court Statistics Report

The 2008 annual Court Statistics Report, published by the Judicial Council and Administrative Office of the Courts, is now available. This roughly 150-page report covers statistics from the Supreme Court, Courts of Appeal and Superior Courts.

This is a great resource for answering questions clients expect lawyers to know, such as: What are the odds the Supreme Court will deny a petition for review? (92% [pg. 8]) How long will it take to get a decision after a notice of appeal is filed?  (Statewide median is 432 days [pg. 17]) What are the odds for a reversal or affirmance?  (see pg. 26) How many court of appeal opinons are published (9% [pg. 29]) How many court of appeal opinions were depublished by the Supreme Court (19 [pg. 11]) What about writ petitions?  (see pages 30 & 33)