Approved for 6.50 credit hours with 1.00 hour of ethics in Kansas and Missouri
8:30 AM • Check-in & Continental Breakfast
9:00 AM • The Leap to E-Filing to E-Briefing
James R. Layton, Former Solicitor General for the State of Missouri and Co-Author, The Leap from E-Filing to E-Briefing (Council of Appellate Lawyers)
E-filing and the immediate availability of electronic briefs and memoranda on tablets and mobile devices has changed how judges read many, if not most, filed documents. A member of the committee of the ABA’s Council of Appellate Lawyers that drafted recommendations for electronic briefs will identify ways in which reading on the screen is different, and how it should affect legal writers.
10:15 AM • Break
10:25 AM • How Readable is your Electronic Writing? (Part 1)
Hon. Stephen D. Hill, Kansas Court of Appeals
Now that electronic filing of appeals is a reality and irreversible, the careful lawyer must acquire the skills of drafting readable, persuasive electronic submissions. In this presentation, Judge Hill reviews the impact computers have made on briefs, motions, and other assorted court filings. His major point is that electronic submissions are more than just a digital picture of a written document. They must be designed with care in light of how we read differently on electronic screens.
11:15 AM • Practicing in front of an Electronic Court. (Part 2)
Randall Hodgkinson Kansas Appellate Defender Office. Demonstrating videoconferencing
Kevin Beckwith Chief Counsel to Chief Judge Arnold-Burger
Heather Cessna Appellate Defender Office
This panel discussion and presentation will cover the basic practical aspects of handling appeals in front of our newly electronic appellate courts. Topics to be discussed will include tips on using the E-Flex system from the docketing stage of the appeal through briefing; the creation and use of electronic records on appeal; the drafting and filing of motions, briefs, and petitions for review with an electronic audience in mind; and a brief overview of electronic technology issues in oral arguments at the Kansas Court of Appeals and the Kansas Supreme Court.
12:05 PM • Lunch (On your own)
1:20 PM • Discretionary Review: Petition for Review and Cross-Petition for Review-Process & Jurisdiction
Hon. Dan Biles, Kansas Supreme Court
Sarah Reichart, Kansas Supreme Court
Discretionary Review: Petition for Review and Cross-Petition for Review—Process & Jurisdiction. Any party aggrieved by a Court of Appeals decision may petition the Supreme Court for review within 30 days after the date of that decision. This presentation will discuss: (a) When must a Petition for Review be filed; (b) What goes into a Petition for Review; (c) When a party should file a cross-petition for review; (d) What happens after a petition for review is filed; (e) What decisions the court may make on the petition or cross-petition; (f) The best practices to persuade the necessary three votes needed to grant a petition or cross-petition; (g) What happens after granting; and (h) the applicable rules to follow.
2:10 PM • Break
2:20 PM • (“The Cert Whisperer”) Requesting and Responding to Discretionary Petitions for Certiorari and for Review
2:20: Dan Hansmeier, Federal Public Defenders Office
2:45: Kris Ailslieger, Deputy Solicitor General, Kansas Attorney General’s Office
The Supreme Court considers roughly 8,000 petitions for writs of certiorari each year. It grants less than one percent -- roughly 70 to 80 petitions each year. With such a slim chance of success, it is imperative that attorneys present the Court with effective, well-written, well-organized petitions. The first portion of this program offers advice on how to achieve these things, focusing primarily on the four areas all petitions should cover: (1) exploiting a conflict in the lower courts; (2) explaining the importance of the issue presented; (3) arguing that the lower court’s decision is wrong; and (4) advising that the petition is a proper vehicle to address the issue presented.
The second portion of this program offers the counterpoint. After winning in the state supreme court or the federal court of appeals, the last thing the prevailing party wants is for the case to become one of the few that attracts the attention of the United States Supreme Court. In the vast majority of cases, no action (i.e. waiver of response) is the best course of action. But in arguable cases, or those cases where the Court has directed a response, one must convince the Court that the case is not worthy of its attention – that the issue is not that important, or if it is, that the lower court got it right; that there is no conflict in the lower courts, or if there is, it is not a significant conflict, or it is one that the Court should allow the lower courts to continue working through, or that this particular case, for procedural or other reasons, simply is not a good vehicle for the Court to resolve the conflict. In doing so, one must conduct a deft balancing act. On the one hand, it is important to counter the arguments of the petitioner, but on the other hand, if one protests too much, one just might inadvertently attract the Court’s attention.
3:10 PM • Ethics: Preserving Issues for Review, Waiver and Abandonment – Ethical Implications
Matt Vogelsberg, Deputy Disciplinary Administrator
In this CLE presentation, Deputy Disciplinary Administrator Matt Vogelsberg will provide an overview of the procedural and ethical rules a Kansas appellate attorney must navigate in order to successfully and ethically represent clients on appeal. Each stage of the appellate process, from filing a docketing statement to appearing at oral argument, will be discussed, along with the statutes and Supreme Court rules (both appellate practice and professional conduct) that apply to each facet. Illustrative cases will also be discussed.
4:00 PM •Adjourned
- KBA Appellate Section Member Registration $180.00
- KBA Member Registration $210.00
- Non-Member Registration $270.00
- Government & Federal Attorneys $150.00
- Paralegal Registration $150.00
Paper Materials: $30.00