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51 Me. L. Rev. 18 (1999)
Amphibians and Appellate Courts

handle is hein.journals/maine51 and id is 26 raw text is: AMPHIBIANS AND APPELLATE COURTS* Leigh Ingalls Saufley** Congratulations on finding part-time work! So I was greeted one fine fall day in 1997, immediately after Governor King had announced that he would nomi- nate me to a position on the Maine Supreme Judicial Court. The greeting came from a hard-working attorney and was only partially in jest. Over the following weeks, I would hear the theme echoed by other attorneys and by my colleagues in the trial courts. Although I was aware from my conversations with the Law Court justices that they believed themselves to be working hard, I began to wonder whether there was truth to the perception that the Law Court is a good place for jurists looking for partial retirement. The other constant refrain went something like this: After all your exciting times in the trial courts, aren't you going to be bored in this new position? The answer to that question turns out to be a resounding NO! Upon my con- firmation, I was immediately inundated with work, and I am still waiting for that part-time job to materialize. Some of you by now have heard my emphatic re- sponses to the typical questions. No, I'm not bored; the job is fascinating, and I'm constantly busy. No, it's not part-time work; I'm working more hours now than I ever did before. No, I don't feel more isolated; I'd be happy for more days of solitude to catch up on writing. In fact, my response to those questions now includes a question of my own: Why aren't my colleagues and the Bar actively addressing the untenable workload of the Law Court? It is no secret that an appellate court cannot always produce high quality opinions when it has too many cases before it. It is no secret that the quality of the Law Court's work has been under attack for some time now. It seems clear to me that the occasionally shallow analyses or contradictory opinions issuing from the court are due in great part to the simple fact that the justices do not have the time to fully consider and debate important issues of law. The pressure to get the opinions out and move on to the endless stream of new appeals results in a product that does not always inspire pride or respect. I have a theory about all of this. Most of us have heard of the boiled frog theory of society's response to violence. For those of you who don't recognize this syndrome, let me explain. Scientists say that if you place a healthy frog in a shallow pan of boiling water, it will instantly sense disaster and leap out of the pan. Place that same healthy frog in a shallow pan of warm water, and it will bask in environmental delight. If you then slowly turn up the heat, the frog will acclimate to the rising temperature and will remain in that pan until boiled to death. Now, at the risk of sounding as if I were comparing my colleagues to amphib- ians, I believe this same syndrome may be at work in the courts right here in Maine. * This piece was previously published in the January 1999 issue of the Maine Bar Journal. Leigh I. Saufley, Amphibians and Appellate Courts, 14 ME. B. J. 46 (1999). Some of the num- bers contained in the article may have been updated or corrected since publication in the Bar Journal. ** Associate Justice, Maine Supreme Judicial Court.

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