Friday, March 10, 2023

No, don't do these things...

What appellants should not to do:

1) file a reply brief that ignores the respondent's argument that the opening brief should be stricken for failing to comply with the rules of court.

2) file a reply brief that ignores the respondent's argument that the appeal was filed late.

3) ignore a notice from the Court of Appeal requesting supplemental briefing on whether the appeal should be dismissed as untimely.

4) Send the court of appeal clerk a two-sentence email a week after the deadline set by the court for supplemental briefing asking for an extension based on ongoing trial work. Don't cc opposing counsel.

Why not? Because the appeal will be dismissed, as here, that's why!

The ABA Journal has a piece by Connecticut Judge Thomas Moukawsher titled Judges: Guard 'your honor' responding to the May 2022 piece by Kentucky Judge Benjamin Beaton (Don't call me 'Your Honor'). Judge Moukawsher concludes:

I’m proud to hear those words because they remind me that the public expects us to aim to our utmost ability to wield what power we have nobly and wisely. We rightly remind judges of their burdens, our expectations, and indeed, our demands when we greet them with, “Good morning, your honor.”