Appellate Practice,
Judges and Judiciary,
Letters
Mar. 2, 2021
Delays are far longer than need to ‘get it right’
My complaint to the Commission on Judicial Performance focuses on appeals where a few justices of the 3rd District have inarguably taken far longer than the time needed to get it right
Jon B. Eisenberg
Email: jon@eisenbergappeals.com
Jon is a retired appellate attorney and the author of California Practice Guide: Civil Appeals and Writs.
Myron Moskovitz, in his March 1 column "On justice delayed," is right to be concerned about appellate justices taking the time needed "to get it right." My complaint to the Commission on Judicial Performance, however, focuses on appeals where a few justices of the 3rd District have inarguably taken far longer than the time needed to get it right. The latest example is People v. Sanders, C083382 (Murray, J.), filed Feb. 26, 2021, which languished for three years and eight months from the date it became fully briefed until submission for decision. The sole issue in People v. Sanders -- which the attorney general conceded -- was whether the trial court erred in imposing a $39 theft fine under Penal Code Section 1202.5. The delay in that case is not unusual for the 3rd District -- see, e.g., People v. Washington, C070732, yet to be adjudicated, which has been fully briefed since 2013.
-- Jon B. Eisenberg
Healdsburg
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