Just yesterday, the Los Angeles Times reported speculation that Governor Jerry Brown might appoint one of three of his top aides to the Supreme Court. Today, there’s some evidence that one of them — Joshua Groban — is not being considered for the high court after all, but that he still might be getting a choice gig nonetheless.
The Governor has asked the Commission on Judicial Nominees Evaluation (JNE) to evaluate Groban not for the Supreme Court, but for a position on the Second District Court of Appeal. A JNE evaluation is a prerequisite to an appointee joining the bench.
This news shouldn’t end speculation about Groban, however. A JNE evaluation for the Court of Appeal doesn’t prevent Brown from still appointing Groban to the Supreme Court. I believe that, in contrast to Court of Appeal appointments, Brown has not asked JNE to do Supreme Court evaluations until after he announced the appointments. Thus, it’s possible that the Governor, trying not to tip his hand, could be giving JNE a head-start on evaluating Groban so it would not need to start from scratch if Groban were later appointed to the high court.