The latest (Summer 2015) edition of the Council of Appellate Lawyers’ Appellate Issues addresses a hot and important topic in appellate law – the record. Or, more accurately, discusses the current assault on the record as we have traditionally known it. This is a topic upon which I have blogged before (sometimes responding to Judge Posner’s views on the subject, whom I believe takes a rather liberal view of the need to color within the lines of established rules).
The Maine SJC’s latest decision includes a ruling that could have fatal implications for some land use appeals. Campbell v. City of South Portland, 2015 ME 125
When appellate rules and statutes clash – or do they? MRAP 2 and 22 MRS 4006
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The Maine SJC has asked for amici briefs in a pending appeal: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/me.html
The Maine SJC is on the move. The newspaper says the Court will hold two sessions a year in Augusta and two in Bangor (Former Kennebec County Courthouse ready to host high court). It does the Tour o’ Maine in October. It only holds nine argument sessions a term according to their on-line calendar [http://www.courts.maine.gov/maine_courts/supreme/calendar.shtml], so this means that the Court will now spend a majority of their time on the road. Back to riding the circuit?
So as we say good-bye to summer (snif), let us note what’s coming up of interest in the next two months.
I’m back from hiking in Vermont (which was very Vermont-y), and eschewing the recent big decisions which speak for themselves (e.g., the Maine SJC’s answer to questions from the Governor on the veto process (2015 ME 107), let’s talk about two decisions, one SJC and one First Circuit, that piqued my interest: First Tracks Investments, LLC v. Murray, Plumb & Murray, 2015 ME 104; and Clukey v. Town of Camden, No. 14-1264.
Well, I may have been living in Vacationland the last few weeks entertaining visitors, but our SJC hasn’t been slacking off over the summer.
The Maine SJC’s current attitude towards amici briefs seems to be that you can be seen, but not heard, although given the lack of transparency as to the criteria it applies on this issue, it is difficult to make generalizations – which is part of the problem.
A few recent developments follow up on previous discussions about judges and cross-appeals, so let’s do a round up.
The Governor’s petition for certiorari in Mayhew v. Burwell, 14-992 was denied Monday. (Supreme Court Orders by Circuit List; Bloomberg article – Maine Rejected by U.S. Supreme Court on Obamacare Requirement)