Relating to the assignment of certain retired and former justices and judges.

Contracts

• Outside Counsel Guidelines (OCGs): You must amend engagement letters with law firms employing retired judges.
• New Clause: Require firms to disclose if their attorney-judges accept judicial assignments in the same Administrative Judicial Region where they represent your company. Under SB2127, an attorney cannot practice in the courts of a region where they also sit as a visiting judge.
• Risk: If your lead counsel accepts a judicial assignment in your region, they may be statutorily barred from appearing as your attorney for two years.

Hiring/Training

• Litigation Team Training: In-house counsel and local counsel must be trained to request and review the "Certification of Willingness" from any assigned visiting judge immediately upon assignment.
• Vetting Protocol: Teams must verify that the visiting judge has not represented the opposing party as a "former client."

Reporting & Record-Keeping

• Conflict Waivers: If a visiting judge discloses a former client relationship with your entity (or the opposition) and you wish to proceed, you must execute a formal, on-the-record waiver immediately.
• Assignment Verification: Maintain a log of visiting judges' certifications to ensure they are not actively pleading/appearing as attorneys in the same Administrative Judicial Region.

Fees & Costs

• No Direct Fee Increases: There are no statutory fee increases.
• Potential Cost: Failure to identify a "former client" conflict early could result in a mistrial or a vacated judgment on appeal, significantly increasing litigation costs.