Perry et al v. Schwarzenegger et al

Filing 792

MOTION for Leave to File Brief of Amicus Curiae The Bar Association of San Francisco filed by The Bar Association of San Francisco. (Attachments: # 1 Proposed Order)(Balabanian, David) (Filed on 5/27/2011)

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1 2 3 4 5 6 7 8 BINGHAM MCCUTCHEN LLP David M. Balabanian (SBN 37368) david.balabanian@bingham.com Frank Busch (SBN 258288) frank.busch@bingham.com Elizabeth Benson (SBN 268851) elly.benson@bingham.com Kathryn Conard (SBN 275094) kate.conard@bingham.com Three Embarcadero Center San Francisco, California 94111 Telephone: 1.415.393.2000 Facsimile: 1.415.393.2286 Attorneys for Amicus Curiae The Bar Association of San Francisco 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 KRISTIN M. PERRY, et al., Plaintiffs, 14 and 15 CITY AND COUNTY OF SAN FRANCISCO, 16 Case No. 09-CV-2292 JW NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE THE BAR ASSOCIATION OF SAN FRANCISCO Plaintiff-Intervenor, 17 v. 18 EDMUND G. BROWN, JR., et al., Date: Time: Judge: Location: June 13, 2011 9:00 a.m. Chief Judge Ware Courtroom 5, 17th Floor 19 Defendants, 20 and 21 22 23 PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors. 24 25 26 27 28 Case No. 09-CV-2292 JW MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT The Bar Association of San Francisco hereby moves 3 the Court for leave to file an amicus curiae brief, addressing the Defendant-Intervenors’ 4 (“Movants”) motion to vacate the judgment (Doc. No. 768) through disqualification of Chief 5 Judge Walker. 6 I. 7 STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE 8 “District courts frequently welcome amicus briefs from non-parties concerning legal 9 issues that have potential ramifications beyond the parties directly involved or if the amicus has 10 unique information or perspective that can help the court beyond the help that the lawyers for the 11 parties are able to provide.” Sonoma Falls Devs., LLC v. Nev. Gold & Casinos, Inc., 272 12 F. Supp. 2d 919, 925 (N.D. Cal. 2003). This case has great “potential ramifications” for the 13 operation of our judicial system if Movants’ proposed basis for disqualifying Chief Judge 14 Walker is accepted. Accordingly, the standard for submitting an amicus brief has been met. 15 II. 16 IDENTITY AND INTERESTS OF PROPOSED AMICUS The Bar Association of San Francisco (“BASF”) is a nonprofit voluntary membership 17 organization of attorneys, law students, and legal professionals in the San Francisco Bay Area. 18 Founded in 1872, BASF enjoys the support of more than 7,300 individuals, law firms, corporate 19 legal departments, and law schools. Through its board of directors, its committees, and its 20 volunteer legal services programs and other community efforts, BASF has worked actively to 21 promote and achieve equal justice for all and oppose discrimination in all its forms, including, 22 but not limited to, discrimination based on race, sex, disability, and sexual orientation. BASF 23 provides a collective voice for public advocacy, advances professional growth and education, 24 and attempts to elevate the standards of integrity, honor, and respect in the practice of law. 25 The members of BASF have a duty to “maintain the respect due to the courts of justice 26 and judicial officers.” Cal. Bus. & Prof. Code § 6068(b); see also ABA Model Rules of 27 Professional Conduct, Preamble (“[A] lawyer should further the public’s understanding of and 28 1 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE Case No. 09-CV-2292 JW 1 confidence in the rule of law and the justice system because legal institutions in a constitutional 2 democracy depend on popular participation and support to maintain their authority.”). The 3 members of the BASF have a duty to maintain and advance the public’s confidence in the rule of 4 law. As explained in the brief submitted herewith, Movants’ arguments threaten to undermine 5 the public’s confidence in the rule of law by seeking inappropriate application of judicial 6 disqualification rules. BASF has a strong interest in resisting this effort. 7 8 9 III. CONCLUSION For the foregoing reasons, The Bar Association of San Francisco respectfully requests leave to file the amicus curiae brief submitted herewith. 10 11 12 DATED: May 27, 2011 Respectfully submitted, BINGHAM McCUTCHEN LLP 13 14 15 By: /s/ David M. Balabanian David M. Balabanian Attorneys for Amicus Curiae The Bar Association of San Francisco 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE Case No. 09-CV-2292 JW