Appellate Insights Recap: Navigating Urgency with U.S. Supreme Court Emergency Applications Attorney Robert Meek

Michelle, a white woman with black curly hair, wears a dark purple blouse, dark grey jacket, and silver earrings. By Michelle A. Liguori

At the United States Supreme Court building, there are statues of tortoises at the bottom of several lampposts. These tortoises symbolize the slow, deliberate pace of the justice typically delivered by the nation’s highest court. As the Court’s emergency applications attorney, Robert Meek, recently shared with members of the North Carolina Bar Association’s Appellate and Criminal Justice Sections, there also is a statue of a hare, located on the East Pediment at the back of the building.

Read more

Congratulations to Two New NC Board Certified Specialists in Appellate Practice!

Amie, a white woman with light brown hair, wears a teal blouse and dark grey jacket. By Amie C. Sivon 

Congratulations are in order to Appellate Practice Section members Quintin Byrd and former Justice Samuel Ervin for becoming the most recent North Carolina Board Certified Legal Specialists in Appellate Practice!

The full list of 2024 specialists for all practice areas can be found online.

To become a certified appellate practice specialist, there are certain requirements including devoting a significant amount of hours each year to the practice area, obtaining CLE credits in appellate practice, peer review, and passing an exam. If you are interested in learning more about the specific requirements, information can be found on the State Bar’s website.

Further, we have many section members who have achieved specialization status and are happy to answer any questions you have.

Next year’s application should become available in March, and the applications are typically due around May 1. Congrats and best wishes!

Amie Sivon is the Chair of the Appellate Practice Council. 

Helene’s Effect on Lawyers, Clients, and Courts in Western North Carolina

David, a white man with brown hair, wears a pale grey shirt, red tie and grey jacket.By David A. Bragdon

The depth and scope of Hurricane Helene’s destruction cannot be comprehended.   

It is worse than what you see in the media. The challenge now is survival and safety. For many, there is no power, no water, and no reliable internet. This will last for weeks, maybe months. The roads and bridges that remain are being cleared of downed trees, mudslides, and power lines by collective effort, but huge portions of the transportation infrastructure no longer exist. Some areas are only accessible by helicopter, if at all. People are still looking for loved ones. Lawyers are hurting; clients are hurting; so much has been lost. 

Read more

A Panel of O’Connor Clerks Share Her Legacy With NCBA Members

By David A. Bragdon David, a white man with brown hair, wears a pale grey shirt, red tie and grey jacket.

“I like a woman who’s not afraid to go after what she wants.” That is why Justice O’Connor hired Sarah Boyce to clerk for her in 2015. As a retired justice, Justice O’Connor could only hire one clerk per year. Sarah had applied for this clerkship and was preparing for an interview only to find out that Justice O’Connor had already hired a clerk for that year. She went to the interview anyway, but as the interview was ending, she decided to address the elephant in the room. “Justice O’Connor, I heard that you have already hired a clerk for this coming term; I want you to know that I am willing to work for you anytime.” Justice O’Connor respected her perseverance and offered her a clerkship for a later year.

Read more

Welcome to the New Bar Year

Amie, a white woman with golden brown hair, wears a black blouse and black suit.By Amie Sivon

Welcome to the new bar year! My name is Amie Sivon, and I practice with Ragsdale Liggett in Raleigh. I am honored to serve as the Chair of the Appellate Practice Section this year. Our section is coming off an exciting year as we marked our 10th anniversary as a section, and many of us traveled to Washington, D.C., and were admitted to the United States Supreme Court in May!

Read more

August 2023 Appellate Recap: Let-the-Heat-Stop Edition

Troy, a white man with brown hair and a beard, wears a white and blue shirt and a black suit.By Troy Shelton 

Welcome to the new bar year for the Appellate Practice Section! While you were weathering this oppressive summer, you may have missed out on some interesting appellate news. Let’s catch up.

Hail to the chief. Judge Albert Diaz was installed as the new Chief Judge of the Fourth Circuit. Judge Diaz keeps his chambers in Charlotte. Before his appointment to the federal bench, he served our state as a Business Court Judge. Here’s the Court’s full press release. Congrats!

Full-court press. Past chair James Kilbourne noted a fascinating order from the Fourth Circuit denying en banc review. For anyone seeking insight into the en banc proceeding in that Court, and how those judges look at the process, you’ll want to see the competing views.

Read more

Video of Appellate Insights Program with Judge Toby J. Heytens

Daniel GibsonBy Dan Gibson

We have some good news if you missed the recent Appellate Insights Program with the Honorable Toby J. Heytens of the Fourth Circuit Court of Appeals. We recorded it, and you can watch it online.

You can access the recording by clicking on this link and entering the following passcode: zw7?7n3u

Judge Heytens is the newest member of the Fourth Circuit. His discussion of his role as Virginia’s Solicitor General and his transition to the federal bench were riveting. He also had some great practice tips.

Appellate Practice Section Meeting and CLE

By the Appellate Practice Section 

This year’s Appellate Practice Section meeting and CLE Appellate Lawyering in Context is on April 27, 2022. After a COVID-19 hiatus, we are back to an in-person program, which has a live webcast available, too. You can register online here. We have great content this year. North Carolina Solicitor General Ryan Park, former North Carolina Solicitor General Matthew Sawchak, and former assistant U.S. Solicitor General Jonathan Ellis will be speaking about what it is like to be a solicitor general. Justice (Ret.) Timmons-Goodson and Judge (Ret.) Wanda Bryant will discuss diversity in the appellate bar. In addition, leading North Carolina criminal appellate lawyers will discuss brief-writing tips for all appellate practitioners, and we’ll address changes to the North Carolina Rules of Appellate Procedure, building an appellate practice, and getting the most out of moots.

To celebrate returning to in-person meetings, we are raffling off treatises for appellate practitioners to in-person attendees.  You’ll get to see your friends and win books.

If you are just so excited you can’t wait for the meeting and CLE, we’ve got good news. The Appellate Practice Section is having a social the night before (sign-up link here). Join us at Sitti (137 N. Wilmington St) at 5 p.m. for a night of fun.
We look forward to seeing you there.

NC Supreme Court Starts a Podcast

Dan GibsonBy Dan Gibson 

Listening to your oral arguments can improve your practice – and the North Carolina Supreme Court has just made it easier.

Thanks to the tireless efforts of Fred Wood and the suggestion of our section’s communications chair, the North Carolina Supreme Court has a podcast. The Court is uploading the audio from oral arguments to its podcast.

Oral arguments from 1/5 and 1/6 are already uploaded. The Court plans to upload all future arguments.

You can find the podcast on Spotify and RadioPublic. The podcasts should be on Google Podcasts soon.

The podcast is limited to Supreme Court arguments for now but may expand to Court of Appeals arguments in the future.

Happy listening!

Pre-NCSCHS Gathering

Dan GibsonBy Dan Gibson

This Thursday, October 21, is the anniversary event for the North Carolina Supreme Court Historical Society. For those who are interested in socializing beforehand, some attorneys are planning to gather beginning at 5:30 p.m. at Trophy Brewing & Pizza (827 W. Morgan Street) and then walk over to the event. We would love to see you there.

Please note that this is not an NCBA-sponsored event, and attendees must pay for their own food or drinks. We are hoping to have sponsored social events in the near future.