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15 B. Rep. 1 (1986-1987)

handle is hein.barjournals/breport0015 and id is 1 raw text is: VOL. 15 NO. I                                                             AUGUST/SEPTEMBER 1986

New Procedures For U.S. Court of Appeals

The Court of Appeals for the District
of Columbia Circuit has adopted a series
of changes in its operating procedures.
These changes will apply to all appeals
filed on or after August 1, 1986. Faced with
a caseload that has increased some sixty
percent in the past several years, former
Chief Judge Spottswood W. Robinson, III
earlier this year named a Task force headed
by Judge Harry T. Edwards and including
Judges Laurence H. Silberman and James
T. Buckley to develop proposals to improve
the Court's ability to handle its caseload.
The Task Force worked closely with incom-
ing Chief Judge Patricia M. Wald who took
over that position on July 26.
The Task Force's comprehensive
series of proposals was presented to and
adopted by the full Court in June. Its
recommendations drew heavily on the ad-
vice of the Court's Advisory Committee on
Procedures as wet) as on other circuits'
successful efforts to combat similar pro-
blems of delay, backlog and congested
court calendars. The Task Force Report
stressed, however, that many of the prob-
lems the D.C. Circuit faces are unique,
due to its specialization in federal
regulatory appeals and government litiga
tion which have nationwide effects and
major policy implications.
The D.C. Circuit's new appeals pro-
gram will be implemented in several
stages over the next few years. Its primary
goal is to facilitate case processing. In par-
ticular, the plan establishes calendar and
case handling procedures that will afford
the judges greater opportunities to special-
ly manage the most difficult cases without
detracting from prompt disposition of the
regular cases. In addition, the plan will
streamline the processing of routine mo-
tions, Rule I11(d) cases and summary
dispositions.
The plan's most notable feature is the
scheduling of most cases for oral argument
soon after filing and contemporaneously
with the establishment of the briefing
schedule Other pertinent aspects include
the disclosure of the panel of judges before
briefing and an improved procedure for
handling both routine and dispositive
motions.
Currently, hearing dates are set ap-
proximately thirty days in advance of oral
argument, and panel assignments are kept
confidential until ten days before argu-
ment. Briefing schedules, on the other
hand, are set almost immediately after the
filing of an appeal, regardless of the pro-
spective hearing date. Continuances are
commonly granted upon showing of good
cause. Under the new systern, panels will
be announced to litigants shortly after fil-

ing and a specific hearing date will be set
for approximately four months later.
Since, under the new plan, the argu-
ment date will be established before briefs
are submitted, a provisional certificate of
counsel will have to be submitted before
the filing of briefs. The initial scheduling
order issued in the case will set the date
on which the Rule 8(c) certificate is due.
This provisional certificate will be in ad-
dition to, not in place of, the final cer-
tificate of counsel filed with the briefs.
After an appeal has been docketed, an
initial order will be issued to establish a
due date for the filing of any dispositive
motions affecting the calendaring of the
case, as well as other nondispositive mo-
tions. This will supply the Clerk's office
with sufficient information to process and
schedule cases efficiently. Included are
motions to expedite, defer appendix,
continued on page 10

ANNUAL MEETING COVERAGE
1986 Annual Meeting

More than 2,000 Bar members par-
ticipated in the 1986 Bar Annual Meeting
on June 25 at the Capital Hilton Hotel. The
day's events started off with a continental
breakfast forum with Herman Schwartz,

Professor of Law at American University,
Bruce Fein of Bruce Fein and Associates
and Wiley A. Branton of Sidley & Austin
on their views of the Constitution.
Twenty-four seminars were offered

Frederick B. Abramson, outgoing President of the Bar presents a memorial plaque to
Sara A. Moultrie, widow of the late Chief Judge H. Carl Moultrie, I during the Annual
Meeting luncheon. Seated: President-Elect, Paul L. Friedman.

ANNUAL MEETING COVERAGE
DIRECTIONS FOR THE BAR IN 1986-87
ADDRESS BY PAUL L. FRIEDMAN
UPON THE OCCASION
OF HIS INSTALLATION AS THE
FIFTEENTH PRESIDENT OF
THE DISTRICT OF COLUMBIA BAR

As I was finishing writing these
remarks the other afternoon, the phone
rang and I asked the friend who had
called-who happens, incidentally, to be
a great after-dinner speaker-for advice on
what to say today. He said: Make it short;
make it witty; but make it profound. I
think I'll try for two out of three and hope
to achieve one.
It may seem to some that the District
of Columbia Bar has been around for a
long time because of the significant impact
it has had on the education, discipline and
public service activities of lawyers in this
community. But in fact the Bar is only mid-
way through its second decade and I am
only its fifteenth President. The Bar has
had its growing pains, and when it has pro-
ven too precocious our members have
reined us in, much as a parent would a
growing child. But today I believe we have
come of age as a mature, responsive and
responsible organization.
Ours is a mandatory Bar, and there
are limits to what we can and should do.

In recent years, we have been sensitive to
those limits and, in my view, we have not
overstepped the bounds. As chair of this
year's Budget Committee, I can assure you
that we have been fiscally conservative,
keeping our dues the lowest of any bar
association in the nation. But now it is
time to consider whether perhaps the
boundaries we have set for ourselves have
been too limited. We must ask whether we
are fully meeting our legitimate goals as
a Unified Bar.
In answering this question, we need
to examine what I believe are the primary
missions of this Bar:
First, to assure that the profession
fulfills its obligation to the public to pro-
vide competent, trained, ethical lawyers;
Second, to assure that the profession
fulfills its obligation to guarantee legal ser-
vices for all, particularly low and middle
income people;
Third, to support the courts in their
efforts to improve the administration of
'continued on page 5

throughout the day and into the evening
ranging from such topics as child care and
employment, the new and revised District
Court rules, evidential privileges, legal
ramifications of the struggle against ter-
rorism, and pending rules and legislation
affecting the Probate Bar.
Professionalism of American Law-
yers was the luncheon address given by
keynote speaker Judge George N. Leighton,
United States District Court, Northern
District of Illinois (the full text of his speech
begins on page 4). Approximately 650
members attended the function which in-
cluded recognition of recently retired
judges of the local and federal courts.
The Bar's general assembly featured
the installation of new officers, an address
by incoming President Paul L. Friedman,
and citations to lawyers who have made
special contributions to the Bar's pro bono
program. Awards were also presented to
numerous Sections.
An estimated 600 members including
summer associates, legal interns and the
judiciary turned out for the Annual
Meeting's Judiciary Reception.
CONTENTS
Sections' Calendar. .          .2-3
Annual Meeting
Coverage...........4-6
Fall Pro    Bono    Courses... 7
CLE    Calendar..........9
1986-87 Section
Chairpersons .......... 11

.

PINK  a  JEM6-
AN OFFICIAL PUBLICATION OF THE DISTRICT OF COLUMBIA BA

VOL. 15 NO. 1I

AUGUST/SEPTEMBER 1986

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