COMMUNITY
The panel , which was designed with no scripted questions or preset topics , allowed for an open discussion that was largely focused on the effect of the pandemic on judicial functioning . The panel also created a casual , educational environment for attorneys to get into the minds of the judges as it related to effective oral argument and practical pointers for successful appellate advocacy . In case you missed it , here are some must-see highlights .
Unsurprisingly , COVID-19 and its impact were at the forefront of the discussion . Regarding the virtual format of the courts , Judge Rickman explained that the Court of Appeals is functioning with a hybrid system wherein advocates have the option to appear inperson or virtually . Judge Rickman provided that , looking forward , the court has found that some version of the current hybrid system will remain post-pandemic , describing it as , “ one of those things that we have learned can make everybody ’ s life easier .”
Judge Dillard noted that although he prefers in-person arguments , as judges , their job is to serve the bench , the bar , and the citizens , which includes a duty to rethink how the courts function so as to best serve the needs of the public . Collectively , the judges recalled their initial handling of the pandemic and the accompanying emergency orders proudly , stating that despite appellate courts ’ historic adherence to tradition , the Georgia Court of Appeals was able to quickly and effectively embrace the changes induced by the pandemic . With admirable candor , Judge Mercier reminded attendees that the judges are , “ all regular people too – we are all moms , we are all dads ,” and “ we were [ all ] trying to continue on .” Judge Mercier explained that , “ one of the things we have really been working on is trying to make things more user-friendly for everyone – not just for the legal community but for everyone ,” noting that , “ we understand there are many issues everyone is dealing with , and whatever we can do to make that easier , that is what we are going to do .”
After an open and forthright discussion on the pandemic , the attendees shifted their questions to focus on practical issues relating to appellate advocacy . Referencing the March 2020 decision to abolish physical precedents in the Court of Appeals , one attendee asked the panel how the rule change has affected the court ’ s decision-making process . Judge Dillard responded that the Court has been working together for many years to encourage the change . Judge Mercier added that the rule change encourages judges to discuss the issues more deeply , noting that it promotes finer-tuned opinions born out of a stronger interest in finding a middle ground for close issues .
Another attendee asked the panel to explain what grabs judges ’ attention or tips the scale when deciding whether to grant a request for oral argument . Judge Dillard answered that he will “ always look kindly on a request for a beginner lawyer to appear before the court ,” referencing his support for the development of younger lawyers . Judge McFadden noted two big qualities he looks to in granting a request for oral argument – an issue of first impression and a conflict in the law , clarifying that attorneys should carefully outline the merit of these qualities , and avoid making conclusory assertions . Finally , Judge Rickman returned to Judge Dillard ’ s comment on young attorneys , frankly providing that , “ you can just say ‘ I am a younger lawyer and I want the privilege of arguing my case in the Court of Appeals ,’” advising that , “ standing alone is typically enough to grant a request .”
As to the panel ’ s pet-peeves when reading advocates ’ briefs , Judge Rickman advised against lengthy paragraphs describing the fallibility of opposing counsel ’ s arguments , recommending instead to focus on the facts without embellishing any shortcomings of opposing counsel . Judge McFadden recalled a comment from Deputy Administrator Chris Smith , who described the experience of reading numerous briefs as “ coming into the middle of a bar fight ,” and accordingly encouraged attendees to draft briefs with a pointed focus on getting to the heart of the issue quickly and concisely . Judge Mercier lauded the importance of record and case cites , noting that when an argument fails to have a supporting citation , judges will consider that argument abandoned .
Many thanks to the panelists and organizers who made this webinar a success . The panel provided a rare glimpse into the inner-workings of the Court of Appeals and its presiding judges , allowing attendees to gain valuable insight for successful appellate advocacy .
*****************************************
JUDGES PANEL : GWINNETT COUNTY -BY AYO UBOH
On March 15 , 2022 , the Atlanta Bar Association hosted its fourth installment of Access Atlanta Bar : Judges Panel Series featuring the following judges from Gwinnett County :
Chief Judge Kathrine Armstrong ( Recorder ' s Court ), Judge Christopher A . Ballar ( Probate Court ), Chief Judge Kristina Hammer Blum ( Magistrate Court ), Chief Judge George F . Hutchinson III ( Superior Court ), Judge Ronda Colvin Leary ( State Court ), and Judge Mihae Park ( Recorder ' s Court ). The panel was moderated by Brooke M . French ( Kaye Lembeck Hitt & French ).
( continued on page 27 )
www . atlantabar . org THE ATLANTA LAWYER 25