At the Altar of the Appellate Gods--A Partial Book Review

It is finally summer, which means I have more time to read. And while much of my free time (and energy) has been consumed with potty training my youngest, I have still managed to read a few law-related books. My current read is At the Altar of the Appellate Gods by Lisa Sarnoff Gochman.

I’ve been eager to read this book ever since I received an email about it from the author. The premise sounded promising—the story of a state appellate attorney who received the once-in-a-lifetime chance to argue before the U.S. Supreme Court. The book follows Gochman’s experience handling the appeals in the Apprendi case—including the U.S. Supreme Court briefing and oral argument.  And while I am only about halfway through the book, a few things have stood out.

First, Gochman does an excellent job explaining the case and the complex legal issues in a simple manner. And, while the particular facts in Apprendi and the hate crimes statute at issue make the case interesting and significant, as Gochman explains, the complex legal question of how certain sentencing enhancements should be treated is (or at least was) relevant to many state and federal statutes.

Second, I am so glad I live in the days of email, electronic research, and personal computers. Gochman tells a story about going to work on a Saturday because she needed the word processing system on her work computer. But she didn’t have the ability to turn on the lights in her work office, so she worked largely in the dark. That sounds miserable! In another technology-related story straight from the last century, she tells about printing the most up-to-date copy of her brief on December 31, 1999, just in case Y2K destroyed her computer. 

Third, I have learned some interesting things about appellate practice in New Jersey. For example, cases at the intermediate appellate court can be heard by just two judges. But, if they are heard by three judges and one judge dissents, the losing party has an appeal of right to the state supreme court. Fascinating!

I look forward to finishing Gochman’s book in between excessive loads of potty training laundry. I will publish a full review in the Journal of Appellate Practice and Process.