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U.S. Court of Appeals for the Ninth Circuit Oral Arguments

Tuesday, March 15

Kalmanovitz Appellate Courtroom, King Hall, rm 1001
10:00 AM – 1:00 PM

Dean Kevin R. Johnson is proud to announce that the UC Davis School of Law will host a session of the U.S. Court of Appeals for the Ninth Circuit in the new Kalmanovitz Appellate Courtroom on Tuesday, March 15.  The hearing, made possible by the upgraded facilities in the Law School building's new East Wing, will mark the first time the Ninth Circuit has held a session in King Hall.

The Ninth Circuit oral argument session is scheduled to begin at 10:00 am and run until 1pm.  Seating in the courtroom is expected to be very limited, but arrangements are being made to make the proceedings available to all interested students and visitors via the many video screens throughout King Hall.  More details will be made available as they become clear. 

The panel before whom oral arguments will be held consists of:

  • The Honorable William A. Fletcher, who was nominated to the Ninth Circuit by President Bill Clinton on January 7, 1997, to a seat vacated by William Albert Norris and confirmed by the Senate on October 8, 1998. He graduated with honors from Harvard College in 1968 before attending Oxford as a Rhodes scholar the following year. He served two years in the U.S. Navy before attending Yale Law School, where he graduated with honors in 1975. He served as a clerk to federal District Court Judge Stanley Weigel in San Francisco and U.S. Supreme Court Justice William J. Brennan Jr., then joined the faculty at UC Berkeley School of law in 1977. Judge Fletcher is 65 years old and resides in San Francisco. His mother, the Honorable Betty B. Fletcher, has been a Ninth Circuit judge since 1979, and has visited the Law School to judge the Neumiller Moot Court Competition. His sister, Susan Fletcher French, was a member of the UC Davis School of Law faculty during the late 1970s and now teaches at UCLA School of Law.  UC Davis School of Law Professor Katherine Florey clerked for Judge Fletcher in 2004-05.
  • The Honorable Milan D. Smith, Jr., who was nominated to the Ninth Circuit by President George W. Bush on February 14, 2006, to a seat vacated by A. Wallace Tashima and confirmed by the Senate on May 16, 2006. He earned his undergraduate degree from Brigham Young University, graduating cum laude in 1966, and received his Juris Doctorate from the University of Chicago Law School in 1969. After graduation, he worked in private practice in Los Angeles until his appointment to the Ninth Circuit, specializing in corporate, real estate, and secured financing law. He was appointed to the governing board of the Los Angeles State Building Authority in 1984 by Governor George Deukmejian and serves as its president-general counsel. He also served as vice chairman of the California Fair Employment and Housing Commission from 1987-1991. Judge Smith is 68 years old and resides in El Segundo.
  • The Honorable George H. Wu, who was nominated to the United States District Court by President George W. Bush on January 9, 2007, to a seat vacated by Ronald S.W. Lew and confirmed by the Senate on March 27, 2007. He graduated from Pomona College in1972 and earned his law degree from the University of Chicago Law School in 1975, then served as a clerk for the Honorable Stanley N. Barnes of the Ninth Circuit. Prior to his federal appointment, Judge Wu served for 10 years as a Superior Court Judge in Los Angeles County, and for three years as a Municipal Court Judge in Los Angeles. He has also practiced law with a private firm in Los Angeles and taught at the University of Tennessee College of Law. Judge Wu is 60 years old and lives in Los Angeles.

Cases to be heard:

07-72028 Rodas-Valdez v. Holder; Imm Non-Asy
07-73105 Kaur v. Holder; Imm Asy
09-10517 United States v. Biurquez-Zaragoza; Criminal
09-17594 San Luis & Delta-Mendota Water v. USA; Civil v. US
09-17698 Mastro v. Momot; Diversity
10-15276 Momot v. Mastro; Diversity

Briefs for the above cases are available in the Mabie Law Library.

For those planning to attend the arguments in the Kalmanovitz Appellate Courtroom, the following procedures/requirements apply:

Security Protocol and Conduct Guidelines

. Please arrive early. Doors to the courtroom will open a half hour prior to start.
. University ID or other photo ID is required for entry.
. Each person entering must go through security.
. No cameras, backpacks, purses, bags, laptops, or electronic equipment allowed (except cell phones, which must be turned OFF). There will not be a secured storage area for your belongings, so please make your own arrangements.
. No books or magazines; legal pad and pen/pencil are okay.
. Audience members may enter or exit only when the Court is not on the bench or in between the cases being heard.
. Please maintain silence while the Court is in session.
. No food or drink will be allowed inside the courtroom.
. At around 2PM, an hour after the end of the final argument, the judges will reconvene in the Kalmonovitz room to answer general questions from audience members. While judges are prohibited from answering questions about pending cases, they can discuss Court operations and the decision-making process.

Courtroom Attire Required.
Appropriate attire for counsel would be conservative business dress in traditional dark colors. For law students, suitable attire would be slacks/khakis, modest skirts with long or short-sleeved shirt, blouse, polo/golf shirt. Please do not display political buttons.

The following articles of clothing or attire are not permitted:

. T-shirts with slogans or pictures,
. Shorts,
. Tank tops,
. Hats or caps
. Sunglasses.

Please remember to please give full attention to the bench, as this is an actual court session and is also being recorded for the Court's use. Out of respect for the Court and counsel, please keep movement in and out of the courtroom to a minimum, and refrain from any conversations during oral arguments. Entry and exit will be prohibited during the actual hearings.

U.S. Court of Appeals for the Ninth Circuit Electronic Devices Policy

This policy pertains to the use of electronic devices by the bar, media and the public in the courthouses and other dedicated spaces housing the United States Court of Appeals for the Ninth Circuit, including courtrooms in the district courthouses and spaces in law schools and other locations.

Visitors to any of the Ninth Circuit courthouses and dedicated spaces are allowed to carry and make use of various electronic devices as set out by this policy. Different rules may apply when the court meets in another venue, such as a district courthouse.

1. Anyone may bring electronic devices, such as a Blackberry, smart phone, laptop computer or a similar functioning device having wireless communications capability into the courthouse building.

2. Except for courtrooms, persons may use such devices in public areas of the courthouse to make telephone calls and to transmit and receive data communications, such as email or text messages, or to access the Internet. For reasons of privacy, safety, and security, use of these devices to take photographs or for audio or video recording or transmission is prohibited in the courthouse (exceptions for court staff, authorized vendors or for educational or ceremonial events).

3. In courtrooms, persons may use such devices to take notes, transmit and receive data communications, and access the Internet. This includes media members who are transmitting written accounts of the proceeding to a wider audience using various means. Persons may not use these devices for telephone calls, photographs or audio or video recording or transmission. Telephone ring tones and other functional sounds produced by devices must be disabled while in the courtroom. *No computers please.*

4. The presiding judge of a judicial panel may prohibit or further restrict use of such devices by all persons prior to or during a proceeding when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings.

5. This policy will be prominently displayed wherever the court holds session and posted on the court's website. Failure to adhere to the policy may result in removal from the courtroom or other sanction.

For more information, please contact Gia Hellwig at