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opinion. Part 3 discusses steps a judge should take before starting to write. Part 4 discusses the organization and content of an opinion. Part 5 offers suggestions on language, style, and editing. Part 6 pre-sents considerations for cowriting an opinion, commenting on the opinions of other members of the court, and writing dissenting and ...
A. Preparing to Draft the Opinion When a judge assigns you a case, the judge may require you to draft a memorandum for the judge to use in drafting an opinion or the judge may require you to produce a first draft of the opinion. Let's assume the judge asks you to produce a first draft of the opinion.
Learning to emulate the judge’s writing style will make you a better clerk, as you will facilitate the judge’s editing task and make the editing more efficient. 6 A judicial opinion is a “statement of reasons explaining why and how the decision was reached and providing the authorities
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Frequently a respondent can succeed on an appeal by showing that the trial judge’s findings of fact are reasonably supported by the evidence. A submission that says: “the following evidence reasonably supports the trial judge’s finding of bad faith: (a), (b), (c) … ” is invariably persuasive. 9. Candour
Ruth C. Vance, Judicial Opinion Writing: An Annotated Bibliography, 17 J. Legal Writing Inst. 197 (2011) Judicial Opinion Writing Manual, Federal Judicial Center (1991) "Your Clerkship Source" Ruggero J. Aldisert, Opinion Writing (2d ed. 2009) Mary L. Dunnewold, Beth A. Honetschlager & Brenda L. Tofte, Judicial Clerkships: A Practical Guide (2010)
Despite those timing pressures, you will rarely do work as process driven as the work you will do in chambers. For example, a judge may have a clerk start an opinion by preparing an outline, then the judge will review and comment on it, then the clerk will prepare a draft, then the judge will comment on that, then maybe a co-clerk will review,
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One way to judge judges is to read their opinions. Although a judge’s role in the courtroom is a crucial judicial function, only those in the courtroom witness the judge’s conduct, and most of them are concerned with their case alone. Judicial writing expands the public’s contact with the judge. Writing reflects thinking, proves ability ...
