Playing the Long Game: Preserving Issues for Appeal
April 12, 2023
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Last week, I had the pleasure of attending the 2024 Appellate Judges Education Institute (AJEI) Summit in Boston, Massachusetts.
The Summit was an enriching experience, offering deep insights into the evolving dynamics of appellate law.
Hosted by The National Judicial College, the Summit brought together nearly 400 judges, scholars, and practitioners for a robust exchange on contemporary legal challenges and strategies.
Day 1: Addressing State Litigation and Judicial Wellness
The Summit opened with a warm welcome by Hon. Jacqueline H. Nguyen of the U.S. Court of Appeals for the Ninth Circuit and Chief Justice Kimberly S. Budd of the Massachusetts Supreme Judicial Court. The first plenary session, “When States Litigate,” dissected the complexities of state involvement in appellate cases, with actionable advice from a panel of experienced legal minds, including Andrea Joy Campbell, Massachusetts Attorney General.
A critical discussion followed in “How Adversary Nations Erode Public Trust in the Legal System,” which explored external threats to judicial integrity. The day's highlight was the ethics and wellness session, “Beyond the Gavel,” underscoring the importance of mental health and ethical practice in both the judiciary and among practitioners.
Day 2: Strategic Innovations and Social Progress
Friday offered a deep dive into constitutional issues and long-term appellate strategy. Prof. Neil S. Siegel’s session, “The Collective-Action Constitution,” provided an engaging look at his view that the Constitution's structure allows the federal government to solve collective problems that cannot be adequately addressed by the states.
Another standout, “Playing Chess: Shaping the Record Before Appeal,” offered practitioners invaluable guidance on influencing the outcome of a case from the trial stage—a reminder of the foresight required in appellate work.
Optional afternoon tours through Boston's historic legal landmarks let attendees connect informally and reflect on the day's discussions.
Day 3: Diversity, Technology, and Judicial Integrity
Saturday was marked by dynamic sessions, including a Fireside Chat with Former Solicitor General Neal Katyal, where he shared insights from his appellate advocacy journey. “Sound the Alarm: DEI Is Not Dead” reaffirmed the legal profession’s commitment to diversity, equity, and inclusion amid shifting social landscapes.
The SCOTUS Update sessions provided invaluable analyses of recent Supreme Court rulings, equipping attendees with tools to navigate shifting appellate precedents. The evening’s reception reinforced the community's dedication to fostering collaboration and professional excellence.
Among my favorites, the 2024 Summit featured a breakout session titled “It’s Past Time for Real e-briefing.” The session focused on the evolution of electronic briefing in appellate practice. It addressed the increasing importance of digital formats in legal documentation and the necessity for practitioners to adapt to these changes.
Breakout Session Key Highlights:
- Transition to Digital: The session emphasized the legal profession's shift from traditional paper briefs to electronic formats, highlighting the efficiency and accessibility benefits of e-briefs.
- Best Practices: Speakers explained how to craft effective e-briefs, including the use of hyperlinks, bookmarks, and interactive elements to enhance readability and navigation for judges and clerks.
- Technological Competence: The discussion underscored the need for attorneys to develop proficiency with e-briefing tools and platforms, ensuring compliance with court requirements and optimizing the presentation of legal arguments.
- Judicial Perspectives: Insights from appellate judges were shared, offering practitioners a better understanding of how e-briefs are reviewed and the features that facilitate judicial efficiency, a topic about which I've previously written.
Day 4: Reflecting on Justice and Independence
Sunday concluded with a poignant look at historical and contemporary judicial challenges. “John Adams and Thurgood Marshall: Running Against the Wind,” highlighted the resilience of two legal giants in advancing justice. The session “When Justice Fails” addressed threats to judicial independence, a timely reminder of the judiciary's vulnerability in polarized times.
Another favorite of mine was a breakout session titled “Legal Writing – A Workshop in Practical Linguistics,” which focused on the application of linguistic principles to enhance clarity in legal writing.
The workshop promoted clear and precise language in legal documents, discussing how linguistic techniques can help eliminate ambiguity and improve comprehension. In particular, the seminar focused on the ambiguity created by the use of two common phrases found in briefs and statutes.
First, the seminar focused on “not + all” and “not + a” constructions. Second, it focused on the “not + and” and “not + or” constructions. The Supreme Court of the United States has decided several cases involving the latter construction in recent years, and the panelist provided insightful comments, which suggest that the English language may be harder than some justices would like to admit.
This session was part of the Summit's broader agenda, which aimed to equip legal professionals with practical skills to improve their practice.
The Summit closed with “Commemorating the Civil Rights Act of 1964,” reflecting on the Act's legacy and its enduring relevance in promoting equality under the law.
Key Takeaways: A Renewed Commitment
The 2024 AJEI Summit was more than a conference—it was a call to action for appellate legal professionals to adapt, innovate, and uphold the highest standards of the profession. Discussions on state litigation, judicial integrity, and the intersection of ethics and wellness underscored balance and vigilance in our roles.
Engaging with thought leaders and peers affirmed the need for continuous learning and adaptability. The strategies, insights, and connections gained at this Summit will no doubt shape my approach to appellate advocacy and my contributions to the broader legal community. For more information on the Summit's sessions, please visit the National Judicial College's website:judges.org.
This Summit was a powerful reminder: the pursuit of justice requires not just knowledge but also courage, resilience, and collaboration. I look forward to applying these lessons to meet the challenges ahead.
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