We’re pleased to introduce a new blog feature today: Five questions (or more) with a judge. Judge Christopher B. Epley of the Second District Court of Appeals was kind enough to answer our slightly more than five questions. Judge Epley joined the bench in February 2021, after being elected in November 2020.
| Ohio Appellate Insights |
Q: You started your term as judge when the Second District was still conducting remote oral arguments – by phone. Do you like remote oral arguments? Why or why not? |
| Judge Epley | A: I truly enjoy in-person oral arguments. I read recently that there are three keys to presenting to an audience: 1.) hand gestures, 2.) posture and 3.) eye contact. If you believe that formula, then phone or zoom arguments make it difficult. There is also energy that is created from live discourse. |
| Ohio Appellate Insights |
Q: What has surprised you most about the transition from private practice to the bench? |
| Judge Epley |
A: Given that I have practiced in the Second District and taught Appellate Practice and Procedure for nearly two decades, I have not been surprised by the transition. I am, however, sincerely appreciative of the collegiality and respect between the judges with whom I work. I have experienced professionalism at its finest among the administrative staff, staff attorneys and other judges. |
| Ohio Appellate Insights |
Q: Footnotes in briefing and judicial opinions are a hotly contested appellate issue. What’s your take? |
| Judge Epley |
A: Regarding briefing, “If you want to make sure someone does not read what you are writing, put it in a footnote or a block quote.” |
| Ohio Appellate Insights |
Q: Walk us through a typical day for you. What has changed after your first year on the bench? |
| Judge Epley |
A: I wake at 5 a.m. I read for an hour while drinking stove-top prepared espresso. I shower at 6 a.m. (personal disclosure — I end every shower on cold; it is refreshing). I am in the office by 7:30 a.m. When the weather breaks, I go for a 26.4 mile bike ride at 5:45 a.m. two to three weekdays per week. On those days, I am in the office at 8:30 a.m. The workday is occupied by reading and reviewing briefs (and motions), researching, writing and meeting with my staff (who I consider my team; as in, we are all team members). At approximately 3 p.m., I walk the courthouse. I have not experienced any change from my first year until now. |
| Ohio Appellate Insights |
Q: What are two things practitioners can do to improve briefing? What about oral argument? |
| Judge Epley |
A: On briefing: editing (and peer review) is paramount. Start early on your brief so there is time to edit — do not write a long brief because you did not have time to write a short one (check local rules for page limits). I am often confused why some practitioners include an appendix — we have the record and are not permitted to review information outside of the record. On oral argument: prepare and practice. By analogy, a good free-throw shooter does not stop practicing free throws because he is a good free-throw shooter. Tip — do not memorize your argument; understand it. Questions from the panel are not interruptions, they are opportunities to persuade. My favorite word from law school is “ken.” It is short — 3 characters —yet descriptive. |
Getting to know a judge’s preferences is one of the best ways to make sure that litigants are communicating effectively with the court. We appreciate Judge Epley’s time and candor (even if we do sometimes like footnotes and hate cold showers).