The Supreme Court today denied the writ petition in Eisenberg v. Court of Appeal, which claimed the Third District Court of Appeal 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 appellate court, Council members Chief Justice Tani Cantil-Sakauye and Carol Corrigan were recused.
The denial, however, also says, “We recommend that within 180 days of this order, the Judicial Council complete an investigation of alleged delays in the Third District Court of Appeal’s disposition of criminal appeals and, if appropriate, propose measures that the Judicial Council and the Court of Appeal should employ to address any problems that are identified.”
Besides filing the petition, appellate lawyer Jon Eisenberg lodged a complaint against three Third District justices with the Commission on Judicial Performance. The complaint is still pending. He also had asked the Supreme Court to transfer cases from the Third District to less congested appellate courts, a request the Supreme Court denied.
Related:
Court of Appeal sued in the Supreme Court over criminal case backlog
Supreme Court denies request to transfer backlogged Court of Appeal cases
