A three-member panel on Saturday rejected suggestions that state and federal appellate judges pay closer attention to criminal cases than to civil appeals.
“Do we treat cases differently? Absolutely not,” said Consuelo M. Callahan, a Federal Court of Appeals judge for the 9th Circuit. “Civil cases tend to be harder. There are many types of civil cases, and judges are constantly learning new areas of the law.”
Other panelists were Gary M. Farmer, a state appellate judge in Florida’s 4th District, and Elliot H. Scherker, an appellate lawyer in the Miami office of Greenberg Traurig.
The program, presented during the American Bar Association Midyear Meeting, was co-hosted by the Council of Appellate Lawyers and the Council of Appellate Staff Attorneys. Both entities are part of the Appellate Judges Conference, an entity of the ABA Judicial Division.
The panel agreed that lawyers must rely more on written briefs, and less on oral argument.
“Just getting oral argument in some courts is an achievement,” said Scherker, adding that he avoids any claims that might undermine the credibility of his written briefs.
The panel agreed that written briefs should cover all key issues, but Farmer said he has learned to respect the place of oral arguments. “I’ve found my opinion changes in about 5 to 10 percent of all oral arguments. You have to stay open to new ideas.”