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May 27, 2026

Bench & Bar: Wednesday, May 27

Three columns from the Daily Journal's Perspectives section examine why judges who sign proposed orders with unverified AI citations now face institutional and appellate risk, how a federal effort to condemn a border wall gap owned by a Catholic diocese sets up a rare First and Fifth Amendment collision, and why California's workers' comp system closes cases on statutory timelines that routinely diverge from actual recovery.



In this episode:

Don't sign blind: How Campos redefines judicial responsibility

Bernard C. Barmann Jr. of the Metro Justice Building contends that In re Domestic Partnership of Torres Campos and Munoz extends citation verification obligations directly to the bench. With nearly 1,000 U.S. hallucination incidents logged as of May 2026, judges who sign proposed orders containing unverified authorities now face institutional, reputational, and appellate risk.

Church v. State: A takings conundrum

Michael M. Berger of Manatt, Phelps and Phillips examines the federal government's effort to condemn a 1.3-mile border wall gap owned by the Catholic Diocese of Las Cruces, setting up a rare First and Fifth Amendment collision. Under Wilson versus Block, the Diocese must first establish that the proposed wall would impair pilgrim access to the Mount Cristo Rey shrine before the government must justify its interest as compelling and least restrictive.

When the benefits end: Workers' comp timelines vs. human recovery

Yosi Yahoudai and Melissa Jamero Herbito of J&Y Law argue that California's workers' compensation system closes cases on statutory timelines that routinely diverge from actual recovery. Labor Code section 4660.1(c) leaves cognitive and psychiatric impairments least reflected in permanent disability ratings -- and third-party liability exposure is often the only path to fuller recovery.

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