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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BINGHAM MCCUTCHEN LLP
David M. Balabanian (SBN 37368)
[e-mail]
Frank Busch (SBN 258288)
[e-mail]
Elizabeth Benson (SBN 268851)
[e-mail]
Kathryn Conard (SBN 275094)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111
Telephone: [phone]
Facsimile: 1.415.393.2286
Attorneys for Amicus Curiae
The Bar Association of San Francisco

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTIN M. PERRY, et al.,
Plaintiffs,

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and
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CITY AND COUNTY OF SAN FRANCISCO,
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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,
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v.
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EDMUND G. BROWN, JR., et al.,

Date:
Time:
Judge:
Location:

June 13, 2011
9:00 a.m.
Chief Judge Ware
Courtroom 5, 17th Floor

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Defendants,
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and
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PROPOSITION 8 OFFICIAL PROPONENTS
DENNIS HOLLINGSWORTH, et al.,
Defendant-Intervenors.

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Case No. 09-CV-2292 JW

MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT The Bar Association of San Francisco hereby moves

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the Court for leave to file an amicus curiae brief, addressing the Defendant-Intervenors’

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(“Movants”) motion to vacate the judgment (Doc. No. 768) through disqualification of Chief

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Judge Walker.

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I.

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STANDARD FOR MOTION FOR LEAVE TO FILE BRIEF OF
AMICUS CURIAE

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“District courts frequently welcome amicus briefs from non-parties concerning legal

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issues that have potential ramifications beyond the parties directly involved or if the amicus has

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unique information or perspective that can help the court beyond the help that the lawyers for the

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parties are able to provide.” Sonoma Falls Devs., LLC v. Nev. Gold & Casinos, Inc., 272

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F. Supp. 2d 919, 925 (N.D. Cal. 2003). This case has great “potential ramifications” for the

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operation of our judicial system if Movants’ proposed basis for disqualifying Chief Judge

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Walker is accepted. Accordingly, the standard for submitting an amicus brief has been met.

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II.

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IDENTITY AND INTERESTS OF PROPOSED AMICUS
The Bar Association of San Francisco (“BASF”) is a nonprofit voluntary membership

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organization of attorneys, law students, and legal professionals in the San Francisco Bay Area.

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Founded in 1872, BASF enjoys the support of more than 7,300 individuals, law firms, corporate

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legal departments, and law schools. Through its board of directors, its committees, and its

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volunteer legal services programs and other community efforts, BASF has worked actively to

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promote and achieve equal justice for all and oppose discrimination in all its forms, including,

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but not limited to, discrimination based on race, sex, disability, and sexual orientation. BASF

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provides a collective voice for public advocacy, advances professional growth and education,

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and attempts to elevate the standards of integrity, honor, and respect in the practice of law.

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The members of BASF have a duty to “maintain the respect due to the courts of justice

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and judicial officers.” Cal. Bus. & Prof. Code § 6068(b); see also ABA Model Rules of

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Professional Conduct, Preamble (“[A] lawyer should further the public’s understanding of and

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MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE

Case No. 09-CV-2292 JW

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confidence in the rule of law and the justice system because legal institutions in a constitutional

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democracy depend on popular participation and support to maintain their authority.”). The

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members of the BASF have a duty to maintain and advance the public’s confidence in the rule of

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law. As explained in the brief submitted herewith, Movants’ arguments threaten to undermine

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the public’s confidence in the rule of law by seeking inappropriate application of judicial

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disqualification rules. BASF has a strong interest in resisting this effort.

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III.

CONCLUSION
For the foregoing reasons, The Bar Association of San Francisco respectfully requests

leave to file the amicus curiae brief submitted herewith.

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DATED: May 27, 2011

Respectfully submitted,
BINGHAM McCUTCHEN LLP

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By:

/s/ David M. Balabanian
David M. Balabanian
Attorneys for Amicus Curiae
The Bar Association of San Francisco

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MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE

Case No. 09-CV-2292 JW