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Government lawyers Section Chairs : AlexaCline – StateAttorney ’ sOffice , ChristianKatchuk – 13thJudicialCircuit & MarcMakholm – HillsboroughCountySheriff ’ sOffice
ultimately , ienjoythe challengethatcomes withresearchingand writingaboutdifferent areasofthelaw .
shortly before 8:30 , I open the doors to the courthouse in downtown Tampa to head to my office . As I enter chambers , I say hi to my co-workers who arrived before me and head to power up my computer . Although I have been monitoring my emails before work , I review the emails that have come in and organize them based on my system . Eleventh Circuit judges sit on panel opinions that address the merits , and they also sit on panels to handle administrative matters . 1 so the email includes discussions about opinions being circulated to panel members , but also discussions about administrative matters .
After making sure the email is organized , I spend my day substantively researching and writing for cases . Which case I work on depends on how close my boss , Judge Charles r . Wilson ( CA11 ), is to sitting for an oral argument panel . Judge Wilson receives the list of cases set for the upcoming oral argument . After looking at the list , I and my co-clerks will distribute the cases among ourselves to help prepare a bench memorandum for Judge Wilson . 2 Because Judge Wilson hears sixteen cases , preparation for oral argument becomes the top priority .
If I have finished my preparation of cases for oral argument for Judge Wilson , I typically work on a case
that is set on the non-argument calendar . In 2021 , over 86 % of the cases in the Eleventh Circuit were disposed of without oral argument . 3 The Eleventh Circuit developed rules on how cases are divided between the non-argument calendar and the oral argument calendar . 4 often , cases set for the non-argument calendar involve either “ a dispositive issue or set of issues [ that ] has been authoritatively determined ” or “ facts and legal arguments [ that ] are adequately presented in the briefs and record and the decisional process will not be significantly aided by oral argument .” 5
I could also work on drafting an opinion from a case that has already had its oral argument . If Judge Wilson becomes the writing judge for an oral argument case , he will have the clerk who helped prepare the bench memorandum research and draft an opinion based on what the panel decided to do after conference at the oral argument .
My days involve a lot of time researching on legal search engines about the substantive issue for what I am drafting . But almost every day , I eat lunch with my co-clerks and sometimes Judge Wilson . our discussions range from college football ( notre Dame , of course ), Tampa history ( Judge
Wilson could write a book on it ), and current cases .
Ultimately , I enjoy the challenge that comes with researching and writing about different areas of the law . As my day winds down , I am very grateful to spend it with my fellow law clerks and Judge Wilson , knowing I get to come back and do it all again tomorrow . n
1
11th Cir . r . 27-1 , I . o . P . 1 .
2
Hon . Charles r . Wilson , How Opinions are Developed in the United States Court of Appeals for the Eleventh Circuit , 32 stetson L . rev . 247 , 250 ( Winter 2003 ).
3
U . s . Courts , Judicial Business of the United States Courts : 2021 , Table B-10 : U . S . Courts of Appeals –– Cases Terminated on the Merits After Oral Arguments or Sub - mission on Briefs , by Circuit , During the 12- Month Period Ending September 30 , 2021 , https :// www . uscourts . gov / statistics / table / b-10 / judicial-business / 2021 / 09 / 30 ( last visited July 18 , 2022 ).
4
11th Cir . r . 34-3 , 34-4 .
5
11th Cir . r . 34-3 ( b )( 2 ) - ( 3 ).
Author : Michelle Moretz-Smith – U . S . Court of Appeals for the Eleventh Circuit
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