Invitations to Comment

The committee invites and welcomes public comments on CJEO draft formal opinions. CJEO posts Invitations to Comment after draft formal opinions have been approved by the committee. Comments may be submitted using the online comment form or by contacting the CJEO offices. The committee members consider all comments when deciding whether to publish, modify, or withdraw the draft opinions. (Cal. Rules of Court, rule 9.80(j)(2); CJEO rule 7(d).)

Public Comment Confidentiality Policy

An exception to the strict confidentiality CJEO maintains for all communications is provided for comments submitted by the public in response to an invitation to comment issued by CJEO on a draft formal CJEO opinion. (Cal. Rules of Court, rule 9.80(h)(1).) Such comments from the public are deemed not to be confidential and may be posted on this website for public review at the committee’s discretion. (Cal. Rules of Court, rule 9.80(h)(4).)

Recent Invitations to Comment

CJEO Draft Formal Opinion 2023-024; Accepting Invitations to Law Firm Celebrations

Invitation to Comment
Deadline to submit comments: July 10, 2023
Public Comment Form
Final action: PENDING

CJEO Draft Formal Opinion 2023-023; Guidelines for Hosting Educational Presentations by Outside Speakers and Groups

Invitation to Comment
Deadline to submit comments: CLOSED
Public Comments Received
Final action: PENDING

CJEO Draft Formal Opinion 2023-022; Guidelines for Presiding Judges When Transmitting Courtwide Communications to Colleagues

Invitation to Comment
Deadline to submit comments: CLOSED
Public Comments Received
Final opinion approved by the committee following public comment

Did You Know?

Appeals heard by trial judges in Superior Court Appellate Divisions are governed by the statutory disqualification and disclosure rules for superior court judges rather than by the rules governing appellate justices. (Housing Authority of Monterey County v. Jones (2005) 130 Cal.App.4th 1029, 1040, ftn. 6; Rothman, et al., Cal. Judicial Conduct Handbook (4th ed. 2017) § 7:63, pp. 487-488¸§7:73, p. 496, § 7:90, pp. 502-503].

But Did You Also Know…?

While the rules for appellate disqualification and disclosure governing appellate justices do not apply to trial judges serving in Superior Court Appellate Divisions, they do apply to trial judges serving on assignment as a pro tem appellate justice at a court of appeal. (CJEO Oral Advice Summary 2018-025, Disqualification and Disclosure Duties of a Trial Judge Assigned as an Appellate Justice, p. 2 [disqualification and disclosure rules apply based on the type of proceeding rather than on the judicial officer’s formal title or status].) Superior court rules apply to superior court assignments in the appellate division of a trial court, which are superior court proceedings, while appellate rules apply to superior court judges assigned to hear appellate proceedings in a court of appeal.