6DCA Oral Argument - 2026/09/08 Morning Session - Sep 08, 2026
argument6DCA Oral Argument - 2026/09/08 Morning Session
California Sixth District Court of Appeal
1h 55m
2 chapters
transcribed 16 days ago
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What procedural announcements and technology updates does the court provide at the start of the session?
Morning, welcome to the Sixth District Court of Appeal. This morning for our oral argument, you may be seated. We have uh four matters on calendar this morning. Matters three and four will be considered together for uh oral argument. Um there will be a change of panel between the second and third cases, a full panel change. Um before we go further, let me just make uh two other brief Announcements both related to technology. So it's our pleasure to offer the opportunity for Um attorneys are self repres uh self represented litigants to appear remotely. Um And we can see them here and a council table you can see them on the devices there if they are appearing remotely. Um but uh if you're sitting in the audience you'll be able to hear everything but you won't be able to see.
If you want to also see the person who's appearing remotely, you can step into the waiting room and we have a live stream. um that will help you there. Um we also archive all of the oral argument almost immediately after it's completed so you can access it on our website and you'd be able to see it there. as well. And speaking of technology, the justices have uh access to our laptops here on the bench. So if you see us looking off to the right, we have the briefs, the record, our notes, everything that we could possibly need for oral argument this morning. in our devices. So all right, with that I will call the first case. Matter number one, O five three eight four two two two two two two two two two two Brian Holtz at all plaintiffs and appellants versus Matt Morellus as registrar voters, etc.
Defendant and respondent. The Santa Clara County Board of Supervisors is the real party in interest. and respondents appearing today for appellants. If you could come to the podium, state your appearance and let's confirm your time estimate, please.
Uh good morning. Uh my name is Jason Bezes. I'm the attorney for the appellants. The uh t I believe we have fifteen minutes total for our side we would the appellants would like to reserve uh five minutes for rebuttal. And I I don't see a clock here. So I
No, we don't have a clock uh currently our new courthouse. We will have one but um and we'll be moving there in a couple of years. But um I will tell you when you have two minutes left.
Or five minutes, I assume. Or or t I'm sorry, go ahead.
Two minutes two minutes before the uh the end of your ten so that you can reserve the five. All right.
Thank you so much.
Thank you very much. I'm gonna have you just step aside for a moment so that council can state uh their appearance as well. Good
morning, Your Honors. I'm Mary Hannaweir, Lead Deputy County Council on behalf
of all respondents. Right, fifteen minutes, Chris. Yes. All right, thank you very much. Same Same uh it's not an admonition, same I guess warning cue uh two minutes before I'll let you know. All right, thank you. Council, we're interested to hear your comments this morning and you may start whenever you are ready.
Good morning and may it please the court. Um today we have uh first of all a a an issue of constitutional interpretation, which involves uh Article thirteen C of the Constitution, a cases of emergency clause. That's that I believe is a case of first impression. Uh and also we have uh issues relating to election law that need to be decided. There was just not uh uh time for a appellate review uh before the election uh last year and so those are always also being brought forward today by the appellants. Uh so the first issue of course is the uh from Proposition two eighteen from nineteen ninety six And that uh uh uh Uh constitutional amendment generally required uh with with uh general taxes that the elections have to be only at a typical uh election of the uh members of the legislative body.
And this court heard the Garner case, I believe, back in 2012, which gave some interpretation of of the definition of those elections. But what's not been decided is the portion which says that. that uh in cases of emergency declared uh by unanimous vote of the governing body, that is the escape hatch, the exception that allows uh a a general tax measure to go on the ballot in a a non a non typical year for for say the county government, which is why it was able to go on an odd numbered year.
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