![]() ![]() “Whatever decision is made will affect the entirety of the jurisdiction,” Pastrick says. It’s important work, and the downstream impact of appellate decisions means that those cases are likely to attract amicus briefs. In introducing the process to students, he says, “We want them to learn to write like court attorneys, and because of that have a better chance of influencing the court.” The new course, he says, will cover the basics-how to communicate with a judge, how to brief a case-and then offer students the opportunity to draft an amicus brief for a case currently before the appeals courts.Īn appeals case, Pastrick says, is like a pyramid: it begins with the wide base of the record and all the materials before the court, then moves to the narrower focus of the law clerk’s bench brief from which the judge may draw to render a first draft of his or her opinion. He has taught an intensive course on the appeals process at the law school previously, and for 10 years served as supervising attorney of law students in externship placements with the court. Depending on local laws and specific court policies, exemptions MAY include persons over age 70, and those having recently served on a jury (usually within 1-3 years depending on county policy). Pastrick, who was Judge Fahey’s principal law clerk in the Fourth Department before accompanying the judge to the Court of Appeals, now serves in that same role for State Supreme Court Justice Amy Martoche '99. ![]() “Those briefs tended to be a waste of time.” “The quality ranged from very, very good, helping the judges understand the case and reach a decision, to some that just reiterated points that the parties to the case had already put in their briefs,” Fahey says. He says the amicus briefs he has seen vary widely. He learned the nuances of appellate work once appointed to the Appellate Division, Fourth Department bench in 2016, and from 2015 to last year on the Court of Appeals, the state’s highest court. But the scope of that court was limited, he says. Just out of law school, Fahey was a law clerk in the New York Court of Claims. So don’t make the mistake of just knowing the law-know the judges, too.” But that doesn’t mean that they’re immune to argument. “Judges are aware of their own failings, and they’re sensitive to that. science emerges, racism runs out of intellectual steam. “One of things I want the students to be aware of is the extent to which the underlying philosophy and life experience of the judge affects the outcome and point of view in a particular case,” Fahey says. Although Joe Kirbys charges were rooted in a well-established -and tragic. ![]() Any other concerns regarding a court employee: In New York City, contact: The Chief Clerk of the court in which the employee works. Supreme Court by future Justice Louis Brandeis. For additional information or questions contact the bias matters ombudsperson Eva Moy at: Phone: 64 Fax: 21. Fahey says he’ll concentrate his teaching on the legal history of the amicus brief, whose roots can be traced back to a 1908 case argued before the U.S. ![]()
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