This morning at 9:00 a.m., the Supreme Court will hear oral argument in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This case addresses whether governmental entities may hire outside counsel on a contingency-fee basis. I am planning to attend and hope to post a report here tomorrow.
On Monday, I mentioned the announcement that Justice Kennard would miss a number of oral arguments in May and June because she is having surgery. The docket in this case indicates that by letter dated April 28, 2010, all counsel were asked to stipulate that Justice Kennard may participate by reviewing the video recording of the argument. All parties advised the Court that they had "no objection to Justice Kennard's participation in the deliberations and decision in this matter notwithstanding her absence from oral argument."
The docket also indicates two pro tem assignments: "Hon. Maria Rivera, CA 1/4 (for Baxter, J.) Hon. James Richman, CA 1/2 (for Corrigan, J.)."