The Supreme Court today
a writ petition alleging that the Third District Court of Appeal’s delays in deciding criminal appeals are unconstitutional and “a stain on the integrity of California’s appellate process.”
The petition — in Eisenberg v. Court of Appeal — claims the Third District has for years systematically failed to comply with a statutory mandate giving calendar preference to criminal appeals.
Because the petition named the Judicial Council as a respondent, along with the Third District and the court’s presiding justice, Chief Justice Tani Cantil-Sakauye and Justice Carol Corrigan — respectively, the chair and a member of the Council — were recused.
Related:
Court of Appeal sued in the Supreme Court over criminal case backlog
Supreme Court denies request to transfer backlogged Court of Appeal cases