State Bar Association Continuing Legal Education

Your State Bar at Work For You AppellateThe 3rd Annual Practice Institute Co-presented with the MSBA Appellate Practice Section

Featuring special appearances by:

Eighth Circuit Court of Appeals Minnesota Court of Appeals • Judge Harriet Lansing • Chief Judge James B. Loken • Judge Gordon W. Shumaker • Judge Francis J. Connolly • Judge Matthew E. Johnson • Judge Michael J. Melloy • Judge Michelle Ann Larkin • Judge Larry B. Stauber, Jr. • Judge Louise Dovre Bjorkman • Judge Bruce D. Willis (retired)

• Eric J. Magnuson • Associate Justice Helen M. Meyer • Associate Justice Friday, March 6, 2009 Minnesota CLE Conference Center • Associate Justice Seventh Street and Nicollet Mall (retired) Third Floor City Center,

Vi d e o r e p l a y d e t a i l s inside. Faculty and Planners

Judge Cynthia L. Lehr Louise Dovre Bjorkman Minnesota Court of Appeals Minnesota Court of Appeals St. Paul St. Paul Chief Judge James B. Loken Diane B. Bratvold Eighth Circuit Court of Appeals Briggs and Morgan Minneapolis Minneapolis Chief Justice Eric J. Magnuson Judge Francis J. Connolly Minnesota Supreme Court Minnesota Court of Appeals St. Paul St. Paul Judge Michael J. Melloy Associate Justice Eighth Circuit Court of Appeals Lorie Skjerven Gildea Cedar Rapids, Iowa Minnesota Supreme Court St. Paul Associate Justice Helen M. Meyer Maureen Watz Gornik Minnesota Supreme Court Eighth Circuit Court of Appeals St. Paul St. Paul Judge Gordon W. Shumaker Associate Justice Minnesota Court of Appeals Sam Hanson (retired) St. Paul Briggs and Morgan Minneapolis Richard S. Slowes Minnesota Supreme Court Sherri D. Hawley St. Paul Attorney at Law Coon Rapids Judge Larry B. Stauber, Jr. Minnesota Court of Appeals Kay Nord Hunt St. Paul Lommen, Abdo, Cole, King & Stageberg Aaron D. Van Oort Minneapolis Faegre & Benson Minneapolis Judge Matthew E. Johnson Minnesota Court of Appeals Charles F. Webber St. Paul Faegre & Benson Minneapolis Judge Harriet Lansing Minnesota Court of Appeals Judge Bruce D. Willis (retired) St. Paul Minnesota Court of Appeals St. Paul Judge Michelle Ann Larkin Minnesota Court of Appeals St. Paul

Special Thanks to the Institute Planning Committee for their outstanding work in planning this conference: Diane B. Bratvold, Peter D. Gray, Sherri D. Hawley, Judge Matthew E. Johnson, Karl E. Robinson, Judge Kevin G. Ross, Charles F. Webber. Schedule

8:00 – 8:40 a.m. 11:00 – 12:00 p.m. REGISTRATION & CONTINENTAL Ethics and Professionalism in BREAKFAST Appellate Practice 1.0 ethics credits applied for 8:40 – 8:45 a.m. How do the Rules of Professional Conduct and the Professionalism Aspirations apply welcome & introduction to appellate practice? Hear from appellate practitioners and appellate judges about 8:45 – 9:30 a.m. the issue and learn from the audience’s What I Know as a Judge that I experiences as well. Wish I’d Known as an Appellate – Judge Francis J. Connolly Lawyer – Kay Nord Hunt As he nears the end of his first year on – Moderator: Sherri D. Hawley the bench, the Chief Justice will share his insights on the qualities of an effective 12:00 – 1:00 p.m. LUNCH (on your own) advocate, give suggestions for how to improve your chances of success on appeal, 1:00 – 1:45 p.m. and answer questions about appellate Ten Things the Court Wishes practice before the Minnesota Supreme Lawyers Knew Court. This panel of highly renowned and – Chief Justice Eric J. Magnuson respected jurists will provide practical pointers on brief writing, preparing for oral 9:30 – 10:45 a.m. argument, answering the court’s questions and more. How Appellate Judges Decide – Associate Justice Lorie Skjerven Gildea Cases – Judge Gordon W. Shumaker A panel of current and former appellate – Judge Bruce D. Willis (retired) judges will describe the behind-the-scenes – Moderator: Charles F. Webber decision-making process. Learn how judges on three different appellate courts discuss cases at conference, reach conclusions and 1:45 – 2:30 p.m. produce written opinions. What if I Lose? – Chief Judge James B. Loken How do you prepare for discretionary – Associate Justice Helen M. Meyer appellate review after you’ve lost? A federal – Associate Justice Sam Hanson (retired) appellate court judge, the Minnesota – Judge Harriet Lansing Supreme Court Commissioner, and a – Moderator: Judge Matthew E. Johnson former U.S. Supreme Court Clerk to Justice Antonin Scalia will share their perspectives and practical suggestions for success after 10:45 – 11:00 a.m. BREAK an unfavorable outcome. • Petitions for Rehearing in the Eighth Circuit – Judge Michael J. Melloy • Petitions for Review – Richard S. Slowes Special Bonus! Minnesota Supreme Court Commissioner All attendees will receive • Writs of Certiorari to the U.S. a free copy of the Supreme Court Minnesota Appellate – Aaron D. Van Oort Procedure Summary Faegre & Benson, former U.S. Guide – an invaluable Supreme Court judicial clerk resource for every appellate practitioner! – Moderator: Diane B. Bratvold Schedule About the Course Live Presentation Minneapolis Friday, March 6, 2009 2:30 – 2:45 p.m. BREAK Minnesota CLE Conference Center Seventh Street & Nicollet Mall Third Floor City Center 2:45 – 3:15 p.m. Motion Practice: Tips and Traps VIDEO REPLAY What motions are commonly filed in the appellate courts and how are they handled? Schedule times for replays are subject to The Deputy Clerk for the Eighth Circuit Court change due to abbreviated lunch and break periods. Start time is indicated below. Please of Appeals and the Chief Staff Attorney for register at least one week in advance to secure the Minnesota Court of Appeals will provide your copy of the course materials on the day of an insider’s description of appellate motions the seminar. and make suggestions for how to best present your request to the appellate court. Minneapolis Monday, March 23, 2009 – Maureen Watz Gornik (Registration 8:30; Replay 9:00) Deputy-in-Charge, Minnesota CLE Conference Center Eighth Circuit Court of Appeals Seventh Street & Nicollet Mall Third Floor City Center – Cynthia L. Lehr Chief Staff Attorney, Minnesota Court of Appeals CREDITS Minnesota CLE has applied to the 3:15 – 4:00 p.m. Minnesota State Board of CLE for 6.25 The Ingredients of a Spectacular standard credits, including 1.0 ethics credit for the 11:00 a.m. session, and Oral Argument to the MSBA for 6.25 Certified Civil What goes into a truly great oral argument, Litigation Specialist credits. In no case as opposed to just a solid, acceptable one? may you claim more than 6.25 credits for Judge Melloy will share his answers, based this course. on 23 years as a federal judge, the last seven of them on the Eighth Circuit bench. – Judge Michael J. Melloy ACCOMMODATION If you have a disability and need an accom- modation in order to attend this seminar, 4:00 – 4:30 p.m. please contact us as soon as possible or at First Impressions from the least one week in advance of the program. Appellate Bench For further information or assistance, contact Minnesota CLE at 2550 University Avenue The newest members of the Minnesota West, Suite 160-S, Saint Paul, MN 55114 or Court of Appeals will share their experiences call us at 651-227-8266 or 800-759-8840. and impressions of their few months on the appellate bench, including their changed views of attorneys, litigants, briefs and oral CANCELLATION/ arguments, and the things that surprised NO-SHOW POLICY them the most. Paid registrants who cancel their registration – Judge Michelle Ann Larkin at least 72 hours before the program will – Judge Larry B. Stauber, Jr. receive a full credit on their account; if fewer than 72 hours, a $25 administrative fee will be – Judge Louise Dovre Bjorkman deducted. Paid registrants who fail to attend will receive the written materials. Passholders 4:30 – 5:15 p.m. may purchase the course materials at 50% of the full retail price. Welcome Reception for New Members of the Minnesota Court of Appeals QUESTIONS Please call Minnesota CLE at 651-227-8266 or 800-759-8840 or visit us online at www.minncle.org.

Friday, March 6, 2009 Minnesota CLE Conference Center Seventh Street & Nicollet Mall • Third Floor City Center, Minneapolis

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video replay – 3/23/09: Order Form $195 MSBA member $195 paralegal $235 standard rate Registration/

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