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APPEALS: The value of an oral argument and the elements of fairness cannot be overstated

By Michael Stevens

My earlier post on some appellate courts' practice of voting and drafting opinions before hearing the lawyers make their oral arguments seems to hit a sour note when reviewed in the context of the following remarks: Judge John Brown on the importance (or lack thereof) of oral argument By Ray If you?re a briefwriter who, for whatever reason, rarely gets the opportunity to present oral argument, take heart in this quotation by a Fifth Circuit legend:Oral argument, as such, is rarely, if ever, so essential to elemental fairness as to orbit to a constitutional apogee. Indeed, the practice of Courts of disposing of cases in a variety of situations on the papers, reflects the experience of mature judges that oral argument in many, many cases adds nothing to the process of enlightenment.Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969) (Brown, J.).

Full post as published by Kentucky Law Blog on March 05, 2009 (boomark / email).