The Commission on Judicial Appointments this morning confirmed Governor Brown’s nomination to the Supreme Court of Professor Mariano-Florentino Cuéllar. The Commission members — Chief Justice Tani Cantil-Sakauye, Attorney General Kamala Harris, and Court of Appeal Presiding Justice Joan Dempsey Klein — voted unanimously in favor of Cuéllar.
The State Bar’s Commission on Judicial Nominees Evaluation (JNE), which is required to vet the governor’s nominees and appointees, gave Cuéllar its highest possible rating — “exceptionally well qualified.” No one testified in opposition to the nomination.
Unlike a confirmed Supreme Court appointee, an approved nominee does not immediately join the court. Rather, the nominee first must win election in November and then wait two months until his or her retiring predecessor’s term expires. In Cuéllar’s case, he will appear on the November 4 ballot and, if elected, will become a Supreme Court justice on January 5, when Justice Marvin Baxter’s term expires.
There is still one vacancy on the court. If the governor makes an appointment soon, as could happen, and the Commission promptly confirms the appointee, he or she could join the court before Cuéllar does.