Got Bias? The New Bias Prevention Committee Wants Your Help, with Ben Shatz

Improper conduct by a trial judge is one thing. But where do you take complaints against an appellate court? Supreme Court Associate Justice Martin Jenkins heads up a new Bias Prevention Committee, and committee member Ben Shatz joins us to talk about its mission: to promote an appellate court environment free of bias and the appearance of bias.

What is the best way to do that? That’s where you come in. As attorneys, litigants, or amici curiae, your suggestions are needed on how to support the integrity and impartiality in our appellate courts. Some ideas:

• The #1 form of judicial misconduct: breaches of demeanor and decorum.
• #2 on the list? Bias for or against a litigant—but not with respect to any suspect classifications (which is #10 on the list).
• The 35-year-long campaign to address judicial misconduct started by addressing the long history in the courts of diminutive language and attitudes toward women. In what ways do these patterns persist, and what are good ways to report them?
• Spanish and Asian names in court opinions are inconsistently used, perhaps out of ignorance. How can the courts do better?
• Addressing misconduct before it becomes long-standing (e.g., the Justice Johnson trial involved 100 witnesses testifying over 17 days).

All members of the public are welcomed and encouraged to contact any of the members of the Bias Prevention Committee: Chair J. Martin Jenkins; J. Helen Bendix; J. Stacie Bouleware Eurie; J. Do; J. Carin Fujisaki; J. Cynthia Lie; J. Rosendo Pena; 2d DCA XO Eva McClintock; DAG Amit Kurlekar; DAG Charles Ragland; Central CAP Exec Director Laurel Thorpe; Private Attorneys: Charles Sevilla, Ben Shatz, Rasha Gerges Shields, Rupa Singh.

Ben Shatz’s biography, LinkedIn profile, and blog, SoCal Appellate News.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Bias Statistics: [Judicial Conduct Complaints Spiked Across the Country in 2022](https://www.law.com/thelegalintelligencer/2023/05/22/judicial-conduct-complaints-spiked-across-the-country-in-2022/#:~:text=With more cases being processed,in the previous five years.) (Law.com May 22, 2023)
• CJP 2022 Annual Report
• Cal. Employment Lawyers Ass’n reports that nearly all courts are not complying with §10.20. https://plaintiffmagazine.com/recent-issues/item/let-s-say-something.
• Ellis v. Toshiba (2013) 218 CA4th 853 (J. Johnson) — Pro per plaintiff/appellant, who’s a female lawyer, appeals sanctions order against her. She loses. She’s referred to State Bar. In June 2021, she files a petition w/SCOC, based on gender bias, premised on the fact that her case was decided by Justice Johnson.
• *2023 California Rules of Court —* Standard 10.20. Court's duty to prevent bias
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes summaries of cases and appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.

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