The three-member Commission on Judicial Appointments on November 10 will consider Governor Gavin Newsom’s appointment of Martin Jenkins to the Supreme Court. Because that’s the week after the court’s next oral argument calendar (see here), the court will once again call on Court of Appeal justices to temporarily fill out the bench for those arguments.
The hearing will start at 1:00 p.m. with some limited courtroom and overflow seating. It will be live streamed at the California Courts Newsroom.
The Commission members will be Chief Justice Tani Cantil-Sakauye, California Attorney General Xavier Becerra, and senior Court of Appeal Presiding Justice J. Anthony Kline.
Not that it really matters, but the news release says that what the Commission will consider is a “nomination.” Actually, it’s an “appointment.” Article VI, section 16 (d)(2), provides that court “vacancies” are filled by the Governor “by appointment.” Nominations occur under different circumstances. Subdivision (d)(1) says that if a judge whose term is soon to expire decides not to run in the next election, “the Governor . . . shall nominate a candidate.” Jenkins will (most likely) fill the vacancy created by Justice Ming Chin’s retirement. So, there’s your little bit of Supreme Court trivia for the day.