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Appellate Court Committee

This diverse committee is composed of practitioners from different backgrounds, who share a common interest in appellate work. The ACC was started in the early 1980s to provide a liaison between the state Court of Appeal bench and the bar.  Among its activities, the committee sponsors CLE programs, and comments on proposed amendments to the appellate rules.

Recent Events

Justice McConnell's State of the Court Address



 

 

 

 

 

Presiding Justice McConnell Addresses Current Issues at the State of the Court:
On March 27, 2013, the Appellate Court Committee (“ACC”) welcomed Presiding Justice, the Honorable Judith McConnell, for the annual State of the Court Address. Justice McConnell candidly discussed current issues facing the Fourth District Court of Appeal, Division One; answered questions from the appellate bar; and shared (and invited) stories about Steve Kelly, the long time clerk of the appellate court known for his genial presence and engaging stories, who passed away unexpectedly in February. As ACC Programs Chair Victoria Fuller noted in her introductory remarks, Justice McConnell celebrates her tenth anniversary as the Presiding Justice of the Fourth District Court of Appeal. To read more, please click here.

Of Interest

The Appellate Court Committee (ACC) is dedicated to matters relating to the courts of appeal and to improving the quality of appellate advocacy through education. Among the many activities the ACC undertakes, the ACC has a long and proud tradition of commenting on existing and proposed rules of appellate procedure. Many of the existing rules of appellate procedure originated from or were affected by the ACC’s comments.

The Judicial Council has issued the Spring 2012 Invitations to Comment on proposed changes to the Rules of Appellate Procedure. Each year the Appellate Court Committee submits comments on the proposed rules and often proposes rule changes. In fact, some of this year's proposed changes were suggested by the Appellate Court Committee. You can view the ACC's comments on this year's proposals here: SDCBA ACC Comments on Proposals

Attorney Spotlight

ACC member Johanna Schiavoni is the founder and principal attorney of the boutique appellate firm, the Law Office of Johanna S. Schiavoni. 

Johanna has served in several leadership roles with the ACC—as Civil Rules Subcommittee Chair in 2010 and Programs Chair in 2011.  She particularly enjoyed working with the Court of Appeal and Committee to put on continuing education programs, including:  “Ethical Issues for the Appellate Practitioner” and “Motion Practice on Appeal and the Appellate Remedy.”

In her law practice, Johanna represents clients in all phases of state and federal appellate court litigation, including in general business litigation, consumer class actions, healthcare cases, intellectual property claims, employment matters, immigration cases, and criminal appeals.  She also frequently does strategic counseling in trial matters, and represents clients as amicus curiae in pending appeals.  

Recently, Johanna prevailed before the Ninth Circuit in a case with broad implications in civil rights and medical treatment litigation in the State of California.  In Pride v. Correa, 2012 U.S. App. LEXIS 26451 (9th Cir. 2012), the court reversed the trial court’s dismissal of a prisoner’s Section 1983 claim for injunctive relief against a prison facility that is blocking physician-prescribed medical treatment.  The case resolved a conflict among numerous lower courts subsequent to the U.S. Supreme Court’s decision in Brown v. Plata, 131 S. Ct. 1910 (2011).  The court also reversed in part the district court’s summary judgment of the plaintiff’s damages claims and its order denying additional discovery. 

Johanna was elected the 2013-2014 President of Lawyers Club of San Diego, the largest specialty bar association in San Diego.  She will serve as the 42nd President of Lawyers Club, which was founded in 1972 with the mission “to advance the status of women in the law and society.”

Past Chairs

  • 2012 - Kate Mayer Mangan, Mayer Mangan, PLC
  • 2011 - Cecilia O'Connell Miller, Procopio Hargreaves
  • 2010 - Kevin Green, Robbins Gellar Rudman & Dowd
  • 2009 - Matt Mulford, Office of the Attorney General
  • 2008 - Ed Silverman, Sandler, Lasry, Laube, Byer & Valdez
  • 2007 - Lisa Cooney, Lewis Brisbois Bisgaard & Smith
  • 2006 - Carmela Simoncini, Court of Appeal, 4th District, Division 2
  • 2005 - Brian Worthington, Ryan Mercaldo & Worthington
  • 2004 - Sharon Rhodes, Office of the Attorney General
  • 2003 - Cheryl Geyerman, Appellate Defenders, Inc.
  • 2002 - Kim Stewart, Court of Appeal, 4th District, Division 1

Section Leadership

  • Rupa Singh - Chair
    U.S. Court of Appeals
    9th Circuit
    401 West A St., Ste. 2000
    San Diego, CA 92101
    (619) 446-3775
    rupa_singh@ca9.uscourts.gov
  • George Schaefer - Vice-Chair
    San Diego City Attorney's Office
    1200 3rd Ave., Ste. 1100
    San Diego, CA 92101
    (619) 533-5861
    gschaefer@sandiego.gov
  • Robert M. Shaughnessy - Civil Rules Subcommittee Chair
    Duckor Spradling Metzger & Wynne
    3043 4th Ave.
    San Diego, CA 92103
    (619) 209-3058
    shaughnessy@dsmw.com
  • Michael Pulos - Criminal Rules Subcommittee Chair
    Department of Justice Office of the Attorney General
    110 West A St., Ste. 1100
    San Diego, CA 92101
    (619) 645-2001
    michael.pulos@doj.ca.gov
  • Victoria Fuller - Programs Chair
    Higgs Fletcher & Mack LLP
    401 W. A St., Ste. 2600
    San Diego, CA 92101
    (619) 236-1551
    fullerv@higgslaw.com
  • Pamela M. Parker - Self-Help Workshop Subcommittee Chair
    California Court of Appeal
    750 B St., Ste. 300
    San Diego, CA 92101
    pmparkerjd@gmail.com
  • Jenna H. Leyton-Jones - Website Liaison
    Pettit Kohn Ingrassia & Lutz PC
    11622 El Camino Real, Ste. 300
    San Diego, CA 92130
    (858) 509-5696
    jleyton@pettitkohn.com
  • Kate Mayer Mangan - Immediate Past Chair
    Mayer Mangan, PLC
    10755 Scripps Poway Pkwy., Ste. 367
    San Diego, CA 92131
    (858) 397-6234
    kate@mayermangan.com

Upcoming Events

Have you been planning to get certified but have been too busy to figure out the requirements and deadlines?  Have you delayed taking the certification exam because you think you're too far away from meeting the requirements? Are you new to appellate practice and want to find to out what getting certified is all about? If so, this is one program you can’t miss!  The Los Angeles, Ventura, Orange, and San Diego County Bar Associations are excited to present: ‘Becoming A Certified Appellate Specialist: Everything You Need To Know,’a special Saturday breakfast program on June 15, 2013 in downtown Los Angeles.  The Appellate Law Legal Specialist Examination is being offered this October and will not be offered again until 2015, so this is the perfect time to start planning your road to certification! A post-program, no-host lunch will follow to allow you to network with other appellate attorneys from Southern California!  For more information or to register please click here.

Save the Date, June 27, 2013 (during lunch hour): Second Annual Courthouse Tour at the Fourth District Court of Appeal, Division One. The tour will be led by Kim Stewart, Managing Attorney, and Kevin Lane, Clerk of Court, and will feature a brown bag discussion with Associate Justice James A. McIntyre. Details and registration information to be announced.

2013 Meeting Schedule:  Click here.

Check back here for upcoming events and programs.

Resources

The below resources are for informational purposes only and are not necessarily endorsed by the SDCBA.

U.S. Supreme Court
9th Circuit Court of Appeals
Federal Circuit Court of Appeals
California Courts
4th District, Div. 1.
CalApp.blogspot.com

Get Involved

The ACC meets the fourth Wednesday of each month at the Bar Center. We welcome the involvement of new members Would you like to volunteer your time at our self-help clinic? Contact Pamela Parker Here