Oral Argument on Appeal -- A Total Waste of Time?

I love the letters page of the Florida Bar News -- it's the only part of the paper where there is an actual voice or opinion being expressed amid the robo-copy of endless announcements, seminars, and proposed rule changes.

In the current issue local appellate attorney Albert W. Guffanti basically says oral arguments are a "charade":

 As regards oral argument, it is my belief that most appellate panels have made their decisions prior to oral argument, reducing oral argument to a charade. Indeed, if the panel has read the briefs and researched the law (i.e., at least reviewed the law clerks’ assessments), there should be no argument, for nothing at the appellate level can change the facts of the case. Similarly, seldom does the applicable case law change just prior to oral argument, in which case a motion to supplement may be filed.

The better practice would have the appellate court request counsel to provide additional development of a particular issue, or brief an issue not presented but of interest to the panel. The court would then receive better-researched, more thoughtful and even, perhaps, enlightened responses, something which is usually impossible at oral argument.

He also laments the increasing reliance on PCAs: 

Also applicable here is the issue of proper use of judicial resources. If the argument that there are too many cases for appeals courts to handle adequately has any validity, then an “adequate” use of resources would result in dispensing with oral argument almost altogether, and spending that time writing opinions, instead of issuing PCAs in over 60 percent of the cases.

Our society, litigants, and our judicial system would be better served by the writing of real opinions, no matter how brief, but citing at least one authority for every issue presented.

I agree with him on PCAs -- the parties deserve an explanation of the ruling, however minimal, and bedrock common law principles of "precedent" and "stare decisis" demand that we provide reasons for our decisions so that those reasons can be applied to future cases.

On oral argument I'm not so sure, what do you think?

You always like to believe your brilliant oratory and silver tongue swayed a judge's mind, but is that more vanity than reality?

3d DCA Watch -- Literally, I've Got Nothing.

PER CURIAM.

Affirmed.  See cite from a few years ago that I won't provide any context about, won't care to explain its relevance (if any) to the legal dispute at hand, and won't even bother to do a parenthetical over because its meaning and plain applicability should be exceedingly obvious to any moron with a law degree.

Hey, the Robed Ones are artists too!

3d DCA Watch -- Your Summer PCAs Have Arrived!

Hey it's the summer and no one wants to work, especially the coffee-swillers, who per their summer ritual convert the central courtroom into an old movie palace where they play Where the Boys Are on endless loop until everyone accepts that George Hamilton should really be the bunker's next Chief Justice.

(We know who the hold out this year was, but we're not going to say!)

Oh yeah, after four or so apodictic days of continuous Connie Francis exposure, the bunker releases a few glorified PCAs and then they are on to their next summer flick, the delightful yet underappreciated Love at First Bite.

(Not often considered a summer movie, but you have to give the bunker a little leeway, it is the summer after all.....)