The Real Value in Appellate Oral Argument
Does appellate oral argument still matter? In some courts with exceptionally heavy caseloads, such as the Wisconsin Court of Appeals, oral argument is vanishingly rare. But even in courts that regularly hold oral argument, some observers claim that it has devolved into a dog-and-pony show unlikely to move judges who have already reached unspoken decisions based on often-voluminous briefing.
It may surprise some practitioners to learn that certain appellate courts have even taken to issuing “tentative” opinions prior to oral argument. Certain branches of the California appellate courts have been among the leaders in this regard; the web page for the 4th District, 2nd Division claims that “the justices do not sense that their deliberations are any less objective than before the tentative opinion program began” and that “counsel almost unanimously praise the program.”
Proponents of the practice contend that it has several distinct advantages.
Unfortunately, business is booming when it comes to foreclosure problems in Wisconsin. Fortunately, the Milwaukee Foreclosure Mediation Program is succeeding at helping a growing number of those problems end with people keeping their homes and financial institutions satisfied with new arrangements.
President Barack Obama’s 35-minute speech on education at Wright Middle School in Madison on Wednesday was interrupted by applause at many points, but most of the reaction was pretty low-key. Three lines drew what seemed to be more enthusiastic responses from the crowd of more than 500, most of them teachers, parents, and students at the 250-student school. Each of those lines says something significant about public sentiment and Obama administration priorities on education issues.