AN APPEAL TO REASON

Rather than starting out the New Year quietly, trying to readjust to work after the Holidays, the appellate world came out with a number of new decisions and announcements. First, California Supreme Court Justice Carlos Moreno, 62, announced he was stepping down on February 28, 2011. This announcement came within days of the start of Chief Justice Tani Cantil-Sakauye's new position as Chief Justice on the Court. He is the only Latino on the Court and it is hoped that Governor Brown will appoint a minority to fill this position.

Justice Moreno became a municipal court judge in 1986, served as a federal judge for several years, and then was appointed to the state Supreme Court in 2001 by Gov. Gray Davis. He was also on President Obama's list for the U.S. Supreme Court opening in 2009.

While serving on the California Supreme Court, Justice Moreno voted to block enforcement of Proposition 8, the ban on same-sex marriage. His rulings also include four 2005 decisions that upheld same-sex couples' parental rights and the right of domestic partners not to be discriminated against by businesses. Justice Moreno also sided with the majority in the 2008 decision that affirmed the rights of gays to marry in California.

Justice Moreno has indicated that his reasons for stepping down include family and finances. He has said he is exploring future options such as private practice and alternative dispute resolution. Because it is anticipated that his successor will be liberal, it may not do much to change the Court's balance. In the past, Governor Jerry Brown has been very active in appointing minorities and we can probably expect the same in this situation so that the Court can reflect the diversity of the state of California.