At The Lectern by Horvitz & Levy

Supreme Court appointment expected “in the next few months”; Governor reviewing “several” candidates

Governor Gavin Newsom expects to announce his choice to replace retiring Supreme Court Justice Ming Chin “in the next few months,” the Governor’s press secretary Vicky Waters said in a statement to At The Lectern.  The statement also gives some insight into the current vetting process.  It’s been almost six months since Justice Chin announced he will leave the Supreme Court on August 31.

An appointment in the next few months would mean there wouldn’t be a prolonged vacancy like the last one.  Justice Kathryn Werdegar announced her retirement in March 2017, more than five months before leaving the court, and was not replaced until January 2019.  That vacancy was about 16 months long and required over 100 cases to be decided with pro tem justices.  Using temporary justices can create concern about the legitimacy of opinions and it hampers the court.

In fact, Governor Newsom could probably make his appointment even before Justice Chin leaves the court so that there would be no gap at all and the court would be at full strength when it next hears oral arguments during the first week of September.

Here is the press secretary’s statement:

Governor Newsom is reviewing the credentials of several highly qualified candidates to fill the vacancy on the California Supreme Court that will occur as a result of Justice Chin’s impending retirement.  The candidates under consideration reflect the broad diversity of our State and include sitting judges and experienced trial and appellate lawyers.  They are well regarded by the bench and bar for their intellectual rigor, legal aptitude, integrity, collegiality, and for their demonstrated record of service to the residents of California.  Governor Newsom expects to announce his nominee to California Supreme Court in the next few months.