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October 01, 2024 Appellate Judges Conference

Council of Appellate Lawyers Chair's Column

Jill Wheaton

The Council of Appellate Lawyers (CAL) is continuing its 2024 programming plan and is looking forward to working with some new committee chairs.     

Programming

The latest version of our “Riding the Circuits” series of webinars discussed preferences, practices, and developments in the Fifth Circuit.  We held that program on October 1, 2024, and offered it without CLE credit to decrease the costs of presenting the program.  This program was, in part, a test of the feasibility of programming without CLE credit to help us with programming strategy going forward. 

The latest installment in our series of programs “Tips for the Unwary” covered significant differences among appellate practice in three New England states  –  Massachusetts, Connecticut and Rhode Island – and was held on September 24.  This was the first of two programs aimed at New England.  We chose New England, and Massachusetts in particular, to promote the ABA and CAL in places near the site of the next Appellate Judges Education Institute Summit. 

If you missed the live presentation of those programs, please view the recordings. We look forward to future installments in these two great series.

Appellate Judges Education Institute   

The Summit is just around the corner – November 14 to 17 in Boston.  CAL has been, and continues to be, involved in organizing many of the educational programs, as well as the Friday afternoon field trips, the Saturday evening entertainment, and Friday evening dine-around restaurants.  The optional field trips this year include guided tours of the State Capitol and the Isabella Stewart Gardner Museum, a visit to the JFK Presidential Library and Museum, and a Duck (amphibious vehicle) tour.  Our Saturday evening entertainment will be the Unisons, an a capella group from Northeastern University.  Information on the many excellent speakers and panels can be found on the AJEI website. 

I would like to give a huge thank you to the law firms that have signed on as sponsors for this year’s Summit so far.  These include Dykema, Haynes and Boone, Horvitz Levy, Warner Norcross & Judd, and Webb Daniel Friedlander.  We couldn’t do it without them, and need more, so please have your firm consider becoming a sponsor of this excellent event. 

Committee Personnel Changes

Dwyer Arce of Kutak Rock has agreed to become the new editor of Appellate Issues, taking over from Nancy OlsonThe next issue will focus on appellate issues in the trial court, in other words, things that come up after a verdict or judgment but before an appeal, such as bonds and post-judgment motions.  We need articles, so please contact me or Dwyer if you would like to write on this subject. 

Kip Nelson, Chair of our Court Rules committee, has passed the baton to Steven Finnell.  Steven has been the chair of this committee in the past, and we are excited he has returned to the role.  He will be put right to work, however, as there are proposed amendments to Federal Rule of Appellate Procedure 29, regarding amicus briefs.  These include a requirement that all non-governmental amici would have to obtain leave of court before filing a brief, and increased disclosures of contributions to the funding of an amicus brief.  The Committee will review these and then CAL will determine if it wants to make any formal comments on the proposed changes.

Brian Keller has stepped down as Chair of our Government Lawyers committee.  We are looking for someone to take his place, so if you are such an attorney and are interested in chairing our committee that addresses the special and unique issues facing governmental lawyers, please contact me. 

Speaking of passing the baton, this will be my last column as the CAL chair.  Gretchen Sperry of Gordon Rees Scully Mansukhari will become the new Chair at our annual meeting to be held at the Summit.  I have thoroughly enjoyed working with members of CAL, as well as members of the Council of Appellate Staff Attorneys and the Appellate Judges Council over the years, and am confident I am leaving CAL in excellent hands. 

As you can see, we can always use additional active CAL members.  If you have any program ideas, an article you would like to write, an interest in law student outreach, or anything else discussed above or on our website, please contact me at [email protected]. We will be glad to welcome you aboard.

Jill Wheaton

2023-2024 Chair, AJC Council of Appellate Lawyers

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