Kenneth J. Schmier

Attorney at Law
1475 Powell Street
Emeryville, California 94608
Telephone: (510) 652-6086
Facsimile: (510) 652-0929

June 25, 1999

Justices of the Court of Appeal
California Court of Appeal
First Appellate District, Division Five
350 McAllister Street
San Francisco, CA 94102

Re: Schmier v. Supreme Court of California, et al.
No. A085177

Dear Justices of the Court:

This suit involves the appellate opinion publication rules of the State of California, and the named defendants in this action are the Supreme Court of California, the California Courts of Appeal, and the California Judicial Council. This case raises serious issues of public importance and has not been litigated for the personal gain of appellant and plaintiff Michael Schmier.

This matter has been assigned to Division Five of the First Appellate District. Appellant hereby respectfully requests that this matter be assigned to a special panel of justices comprised of retired court of appeal justices and/or superior court judges who are not parties to this action.

Although appellant recognizes that the assignment of this appellate matter rests within the exclusive discretion of the California Courts of Appeal, this request is based upon the potential appearance of impropriety of justices determining a matter against the very court on which they sit. Article IV 6 of the California Constitution allows for the special appointment of judges by the Chief Justice, in his capacity as head of the Judicial Council. Therefore, appellant requests that the Court exercise its authority and sound discretion and assign this matter to justices who do not regularly sit as justices of any party to this action.

Respectfully submitted,



Jeanne M. Fahey

Attorney at Law

cc: Thomas Blake