Appellate clerks urge bar to read rules, make calls

By Stephen Anderson

Read the rules – the local rules, that is – if you want to keep that smile on the face of the Appellate Court clerk in the district where you have a case.

While the local rules of the districts vary in some respects, the clerks are unanimous in suggesting that familiarity with them should be required of the appellate attorney.

In any case, they concur, don't hesitate to pick up the telephone and call the clerk for information about filing, scheduling and status of cases.

Four clerks participated in the panel discussion, “The 10 Habits of Highly Effective Appellate Lawyers that Make Clerks Smile,” during the April 20 meeting of the Appellate Lawyers Association in Chicago.

On hand from across the state to represent their courts were Steven M. Ravid of the 1st District, Robert T. Mangan of the 2nd District, Gist Fleshman of the 3rd District and Louis E. Costa of the 5th District.

ALA Secretary Michael I. Rothstein, the moderator, asked each panelist in turn to comment on practices that, if not respected, would turn their smiles into frowns.

One thing that made the clerks smile last month was the free lunch, Mangan said, expressing thanks to the association.

Some other issues on which the clerks commented during the hour-long presentation:

• If you have an emergency motion, make it appear to be an emergency. Don't mail it in.

• If you need to make a motion for an extension, don't file it as an emergency motion.

• If you obtain an extension and a final date is set, don't miss it. You may be in contempt.

• A motion to expedite should include a reasonable schedule.

• Inform opposing counsel personally, not by mail, when you request or receive scheduling changes.

• If you are on the other side of a pro se appeal, notify the court. One way is to file a motion to dismiss, but don't count on that happening.

• Treat opposing counsel with civility. Be willing to share the record, and to agree on an acceptable briefing schedule.

Comments from the floor included the suggestion from past president Michael W. Rathsack that counsel be notified by e-mail, rather than a post card, when the court files an opinion.

Rathsack, a Chicago attorney who often has appeals in downstate districts, said it is embarrassing to learn of the result first from a client or a news reporter.

Without the opinion, “I can deal with the media, but not the client,” he said. At least one clerk made a note to look into the procedure.

 

More meetings slated

The Appellate Lawyers Association has scheduled three more meeting in the next few weeks.

On Thursday, May 24, Appellate Court justices of the 3rd District will be guests of the association for a luncheon at Amici's Restaurant at 612 4th Street in Peru.

The association feted 5th District justices and Supreme Court Justice Lloyd Karmeier on May 4 in Collinsville, and 4th District justices on May 11 in Springfield.

On Friday, June 1, a luncheon meeting and program are scheduled at the Standard Club of Chicago.

On Friday, June 15, the tenure of 1st District Justice Mary Jane W. Theis as president will conclude during the annual luncheon at the Union League Club of Chicago. The incoming president is Craig L. Unrath of Heyl, Royster, Voelker & Allen, Peoria.