Appellate court in session at University at Buffalo Law School

Elizabeth Stull, Daily Record (Rochester, NY)
April 10, 2009

Hon. Henry J. Scudder, Hon. Samuel L. Green '67, Hon. Salvatore R. Martoche, Hon. Erin M. Peradotto '84 and Hon. Eugene M. Fahey '84.

Attorneys customarily come before the bench. But on Thursday, the bench came to the attorneys, or rather the law students, during a rare appellate court session at the University at Buffalo Law School. Voices echoed through the brick hallways of the law school Thursday morning as students went to classes and lingered in a common area buying tickets to the Barrister's Ball and bar exam prep courses. But inside the Francis M. Letro Courtroom on the first floor of John Lord O'Brian Hall, the audience was hushed. The Appellate Division, Fourth Department held session there Thursday, the last day of its term, and the students sat in rapt attention.

Members of the five-judge panel questioned the dark-suited attorneys, interrupting their statements, challenging their points and quoting their written submissions. The justices had a particularly tough time swallowing arguments that a boy was sickened by beef e-coli purchased from a defendant grocery store. The only evidence was the testimony of the boy's father and a gasoline receipt that he planned to submit to his company for reimbursement. What proof showed the meat was purchased from that store, Justice Samuel L. Green asked. There was no receipt from the grocery store, Justice Eugene Fahey noted. Even the date the bad meat was consumed could not be pinpointed, Justice Erin Peradotto said, citing the attorney's brief in John Bolender v. Tops Markets LLC, CA 08-02450.

In a child custody case, the judges are considering whether a boy will move to Texas with his mother and step-family, or remain in Buffalo with his father and extended family. Seyler v. Hasfurter, CAF 08-02324. The child wanted to stay with his father, Presiding Justice Henry J. Scudder said. Yes, but that is not always dispositive, the mother's attorney replied. Justice Salvatore R. Martoche was less vocal but no less engaged than his colleagues.

The other 15 cases on Thursday's calendar included issues of fraud, divorce, counsel fees and criminal charges. They were chosen for the UB calendar based on geography from the Eighth Judicial District -- so that attorneys from Watertown, for instance, would not have to travel all the way to Buffalo, Presiding Justice Scudder said.

One case, People v. Littleton, KA 08-00493, involved issues Professor Theresa Miller's Criminal Procedure class has been discussing for several weeks. We just talked about consent to searches yesterday, Miller said while outside of the courtroom. Studying law in the classroom is not the same as seeing it applied in action. This is an opportunity to see the consequences of some of the doctrines that they're studying in class. Miller, whose class includes experiential learning assignments such as visiting a prison and riding along with police, gave her students credit for attending the oral arguments and writing about them. After the Littleton argument, Miller asked the prosecutor, Assistant District Attorney to Matthew Powers, to visit her class for a follow-up discussion. Most of the cases presented were allotted 20 to 30 minutes, but several concluded more quickly when lawyers chose to rest on their written briefs and respond to questions.

Two first-year law students Amanda Townsend and Katelyn Murray, both 22, said they were able to spot the lawyers who were well-prepared and comfortable arguing before the court. Their arguments come across clearer, Murray, who is from Orchard Park, said. She said she has interned with the Niagara County District Attorney's Office and hopes to build her career in criminal law. Don't ever interrupt the judges, she advised after hearing appellate arguments in cases of murder, criminal mischief, and possession of a controlled substance. Definitely respect the judges and be prepared for any questions they throw at you, Townsend, who is from North Tonawanda added. Townsend, who has seen appellate arguments before, said she has a new appreciation for the process after having prepared an oral argument for her class on legal research and writing. She's now at work on a dual degree in social work and leaning toward family law.

Third-year student Susan Michelle, who lives in Rochester's 19th ward and commutes to Buffalo every day, said that watching Thursday's session peaked her interest in appellate work. Michelle, 42, said she wished the judges could have stayed to speak with the students after their session. Three of the five appellate justices empaneled in Buffalo on Thursday actually graduated from the University at Buffalo Law School. Justices Fahey and Green agreed that it was better and easier to be return as a judge, than as a law student. Justice Erin Peradotto, UB Law class of 1984, wore a silver buffalo pin on her judicial robes and expressed her enthusiasm for the bench after the day's work was finished: It's such great work, she said. It's phenomenal.

Appellate justices are appointed by the governor. Two panels of Fourth Department justices hear anywhere from 200 to 225 cases during each session. An individual justice reviews about 100 cases. The justices hear cases on appeal from three judicial districts, including 22 counties in Western and Central New York. The court hears arguments during a two-week period, every six weeks, and Thursday marked the last day of their term. Decisions in the cases argued during the day's session may be issued in as early as two weeks, Justice Peradotto said. The Fourth Department previously visited the school when the Letro Courtroom was completed in 2001, and again about five years ago.

Law School Dean Makau Mutua said he hopes the court will return on an annual or semi-annual basis. "I made the court's coming to the law school a priority. And I do hope to bring them back on a regular basis," he said.

Other judges have used the courtroom and Mutua said he hopes it will be used more often. "What we do is teach law, mostly through casebooks and theory, and this gives our students an opportunity to see the application of the law in action," he said.