Jon B. Eisenberg'

HEALDSBURG - Jon B. Eisenberg's distinguished career as an appellate lawyer began when he got his bar card in 1979. He opened a new chapter when he went inactive in December 2021. His professional life included more than a decade as a staff attorney at the 1st District Court of Appeal, a post as of counsel at Horvitz & Levy LLP, and years as a sole practitioner.

He'd actually planned to retire a year earlier to avoid conflict as he launched a crusade to reform a pattern of excessive decisional delays at the 3rd District Court of Appeal. Slow-moving justices postponed issuing criminal case opinions; some defendants served prison terms with their appeals fully briefed but undecided--only to win reversals after their sentences had expired.

Retirement seemed like the smart move. "That would have put me inactive before I started work on my CJP complaint, making me retaliation-proof," Eisenberg said of his request to have the Commission on Judicial Performance discipline the tardy 3rd DCA justices he identified. He also petitioned the state Supreme Court to fix the problem. Eisenberg v. Court of Appeal for the Third Appellate District, S269691 (Ca. S. Ct., filed July 6, 2021).

But Eisenberg couldn't retire because he got a last-minute case that he couldn't refuse. While his work to reform the sluggish Sacramento appellate bench proceeded, Eisenberg successfully represented 2,500 Central Valley farmworkers on appeal in their suit against a large poultry processing plant for violating COVID-19 safety regulations. United Farm Workers of America et al., v. Foster Poultry Farms, 20-CV-03605 (Merced Co. Super. Ct., filed Dec. 17, 2020).

"I couldn't pass that one up. It's the kind of case I love, helping people be safe," Eisenberg said, "even though I was concerned about litigating at the same time I was working on the 3rd DCA matter."

Before he was finished, Foster Farms was required to safeguard its workers. And Eisenberg's campaign against the 3rd DCA caused three appellate justices to leave office, including Coleman A. Blease, William J. Murray, Jr. and the presiding justice, Vance W. Raye, who retired as part of his CJP punishment. A fourth justice, Harry E. Hull, Jr., remains on the bench and may still face CJP discipline, Eisenberg said.

Also, Chief Justice Tani G. Cantil- Sakauye announced she would not seek another term. Eisenberg can't say whether the mess at the 3rd DCA forced her hand. "It's plausible that she's retiring to avoid an inquiry. There's reason to infer she had some knowledge of the problems there. But only she can answer that," Eisenberg said.

Judicial Council of California spokesperson Cathal Conneely said the chief justice declined to comment.