September 9, 2011 – How do we change the Court of Appeals’ practices?

Today Report · 8:41am Good morning Scott. So is it correct to say that attorneys can not cite unpublished opinions? I read your post to facebook this morning and think you might consider tayloring your comments to the untrained eye. Most people who lack a law degree are not really going to understand what you are saying….dumb it down a bit. I think  the purpose of your post/blogs are to educate, raise awarness and build influence so in that effort I think simplifying you message is prudent. You offer great insights and ?i dont want them to go over peoples heads. 🙂 Report · 8:43am Yes, it is true that attorneys get sanctioned for citing unpublished decisions.  Although federal courts do so with impugnity. I agree I need to explain better.  But I have been talking about this topic for a long time. Here again are the basics of what I am saying. The legislature passes a law when it feels the need to do so.  The decision to pass a statute is purely a matter of legislative discretion. On the other hand, courts have a duty to decide the cases parties bring before them.  Judicial decisions establish common law. By determining that most of its decisions are not a part of the common law, the Court of Appeals is acting as if courts have absolute discretion to declare what the common law is.  They don’t. Corts have a constitutional duty under the seperation of powers to declare how the law applies … Continue Reading

September 8, 2012 – And the beat goes on…

The Court of Appeals continues to ignore the principles of common law.  Last week that Court published 11 opinions, but failed to publish twenty-nine opinions, including one involving unexplored foreclosure issues. The problem here is the Court of Appeals is assuming a discretion to make law that is more akin to legislative grace, than a court’s duty to declare what the law is.  As our Supreme Court more consistently employs Marbury’s “province” analysis to declare what the law is, it turns a blind eye to the Court of Appeal’s abdication of its duty to declare what the law is.