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Federal Judiciary

: California Appellate Report

In Re Marriage of Kacik (Cal. Ct. App. - Nov. 19, 2009)

By Shaun Martin

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You can't argue that Justice Sills isn't direct. He is. You know what he's saying, and he'll say it directly.

Some justices on the Court of Appeal, for example, "urge" the Legislature to "consider" various issues. But here's how Justice Sills does it in this case:

"III. Memo to the Legislature

Because of the unusual circumstance of construing a piece of legislation that has less than 18 months before it sunsets, we address the Legislature directly:

Section 4326 is scheduled to terminate on January 1, 2011. If you decide to renew it, please consider saying exactly what you mean by ?is in effect.? One easy solution: Specify a time frame around the termination date of child support: say, plus or minus six months, when a spousal support modification request based on the termination of child support may be filed. (Cf. Code Civ. Proc., § 473.)"

Pretty direct, eh? And darn clear.

Full post as published by California Appellate Report on December 08, 2009 (boomark / email).

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