The paramount goal of the Center for Appellate Litigation is to provide quality appellate representation to indigent defendants in criminal cases in New York. We do so by presenting the courts in which we practice with persuasive briefs, motions and oral arguments, by providing a wide range of related representation and by getting our clients to court in a timely fashion.
If unsuccessful in the intermediate appellate courts, we seek to obtain relief in the State’s highest court, the New York Court of Appeals. We also file collateral attacks in trial court and in federal court where necessary and have thus succeeded in exonerating innocent defendants.
The Center has comprehensive in-house resources. Many attorneys have years of criminal appellate practice, and they are aided by a dedicated, experienced support staff. We maintain an up-to-date library and on-line legal research materials. Law student interns assist attorneys with research, writing projects and client problems arising from incarceration. An accredited CLE provider, CAL offers training in the office, presents prominent speakers who have relevant expertise, and affords its attorneys frequent opportunities to take courses from other providers.
The Center does not accept fee-paying clients, receiving cases only through assignment by the Appellate Division, First Department. The Court provides the record — the transcript and other documents relating to conviction being appealed. While jury trial appeals comprise the majority of a caseload, attorneys also handle suppression hearings followed by a guilty plea, guilty pleas with other substantive issues, including illegal sentences, and the occasional bench trial. We try to ensure that each caseload varies as to type of conviction, crime and record length. Crimes can be as serious as first-degree (non-capital) murder, and record lengths may range from as little as 10 or 15 pages to 4000 pages or more.
In most cases, the staff attorney’s primary task is to perfect the direct appeal by preparing a brief based on the issues presented by the record. Subject to intensive review by CAL supervisors, the assigned attorney is fully responsible for briefing and arguing the case before the First Department and the New York Court of Appeals, as well as for whatever additional or further proceedings are appropriate, such as writs of habeas corpus and trial court hearings and appearances.
A DAY IN THE LIFE of a CAL attorney may include digesting a transcript, identifying and researching possible issues, writing the Statement of Facts or Argument for a brief, or orally arguing a case. Interspersed with these larger tasks are other actions necessary for proper representation of the client and management of the case, such as responding to client correspondence, visiting clients at correctional facilities, requesting trial attorney input, arranging for an investigation, obtaining trial exhibits and making Court of Appeals leave applications. Many CAL attorneys pursue preliminary or collateral relief in the trial court, including motions for reconstruction of the record, motions to vacate an illegal sentence, and motions to vacate judgment based on newly discovered evidence, ineffective assistance of trial counsel or other matters not reflected in the record.
CAL’s collegial office atmosphere encourages frequent informal discussion about any aspect of a case. In addition, CAL has three teams of attorneys who meet weekly to help each other identify and refine issues for direct appeal and to address whatever other concerns the assigned attorney may have about a case.
At "Leave Lunches," attorneys who have made successful Court of Appeals leave applications present their cases and receive pre-briefing or pre-argument suggestions on issues and strategy, while concomitantly alerting colleagues to the questions at hand. Hot new issues are also outlined at office-wide meetings or CLE presentations. Attorneys who win reversals have the satisfaction of discussing their cases at gatherings enhanced by free doughnuts.
When we meet our annual productivity goals, which has occurred every year since CAL began, we celebrate with a lunch for the entire staff and the distribution of Achievement Awards. The accomplishments recognized usually have little to do with the law and change from year to year. Examples include worst commute, most midnight oil burned and wittiest e-mails. Honorees receive a Certificate of Achievement and a trophy. We also have a winter holiday party and an annual summer outing that might be a cruise in New York harbor, a softball game, or a bowling tournament.
