Quote of the Day - Hell, there are no rules here-- we're trying to accomplish something. - Thomas A. Edison
Local Rules Once Again Come Under Fire; When Will Judges Learn?
Once again, an appellate court has admonished a local court for establishing local-local rules (known among attorneys as loco-loco rules) that violate the Rules of Court. These aren't the rules of the entire court. They're the rules set in a particular judge's courtroom. It seems that no matter how many times appellate courts put it in writing or attorneys politely point it out to a superior court judge, the "enforcement" of the local-local rules slip through.
We need a better system.
It's hard for an attorney to cross a judge when that attorney will have to appear in front of again and again. Superior Court judges also don't like being taken up on a writ and getting slammed by an appellate court. Some judges tend to remember the attorney, and there are only so many times you can challenge a judge to avoid appearing in front of that judge.
Perhaps the best way to deal with it is to just abolish local-local rules. But they already tried that (see Rule No. 1), didn't they?