The Supreme Court has announced the Court of Appeal justices who, for the September calendar cases, will temporarily fill the vacancy that will be created when Justice Ming Chin retires in one week. The pro tem justices are assigned on a mostly alphabetical basis after they have served on the Court of Appeal for more than one year.
Pro tems are necessary because Governor Gavin Newsom hasn’t named Justice Chin’s replacement yet, even though he probably could have done so at any time after Chin announced his retirement in January (see here). Over seven weeks ago, the Governor’s office said an appointment would be made “in the next few months.”
An unfilled vacancy hampers the court because, among other things, the court delays scheduling arguments in cases where the six permanent justices are tentatively evenly divided. Those delays are appropriate to avoid 4-3 opinions with a pro tem in the majority, opinions which have a cloud hanging over them.
The September pro tem assignments are:
People v. Long: Fifth District Justice Donald Franson, Jr.
People v. Schultz: Fourth District, Division Three, Justice Thomas Goethals.
People v. Flinner: Sixth District Presiding Justice Mary Greenwood.
People v. Turner: Second District, Division Six, Presiding Justice Arthur Gilbert.