Acting Justices Quickly Turn Back Appeal in Judicial Pay Case
Six trial court judges chosen last week to consider the state's appeal of a decision awarding current and retired judicial officers $36 million in back pay have unanimously voted to deny review in the case.
October 26, 2018 at 03:35 PM
2 minute read
New judges work quickly, it seems.
Six trial court judges chosen last week to consider the state's appeal of a decision awarding current and retired judicial officers $36 million in back pay have unanimously voted to deny review in the case.
The six newly seated trial court judges picked to consider the case—Brett Bianco, Bruce Brodie, and Steve Cochran of Los Angeles Superior Court, Andre De La Cruz and Scott Cooper of Orange County Superior Court, and Teresa Caffese of San Francisco Superior Court—issued a brief order Friday noting the decision.
All six sitting members of the California Supreme Court recused themselves from reviewing the case earlier this month, presumably because the case could affect their own pocketbooks.
Friday's ruling leaves in place a victory that lawyers at Skadden, Arps, Slate, Meagher & Flom won on behalf of retired Second District Court of Appeal Justice Robert Mallano. The Skadden team won class certification for about 1,800 retirees and 1,600 sitting judges in 2015 from Los Angeles Superior Court Judge Elihu Berle, a potential class member who heard the case under the “doctrine of necessity.” Berle subsequently entered judgment of back pay, plus 10 percent interest in 2016, and the Second District Court of Appeal upheld the judges' victory last year.
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