We warned you: if you are counsel in a Supreme Court case that might be argued during a vacation you’ve planned, tell the court about your plans as soon as possible, but definitely before the case is placed on the court’s oral argument calendar. One thrill-seeking attorney recently disregarded the advice, and got away with it.
Last week, the court scheduled Tract 19051 Homeowners Association v. Kemp for its January calendar. Four days later, respondent’s counsel files a letter with the court asking for a continuance because of “a long planned family vacation” that will end the day before the scheduled argument. Counsel says he “would like more than a single day [after his vacation] to prepare” for what he reports will be his first Supreme Court argument. Within 48 hours, the court publishes an amended calendar showing that the case will be called and continued to the February calendar.
It helped that opposing counsel did not object to the change and that there will be probably two brand new justices sitting for the January calendar, but still . . . .
Last-minute continuance requests granted. What’s next, relief for late petitions for review? Oh, wait.