Oral Arguments in the U.S. Court of Appeals for the Fourth Circuit
The Fourth Circuit is widely considered as the most conservative appellate court in the United States. However, it is also the most efficient, the Fourth Circuit usually issues its decisions within seven months after the initial brief and the government's answer brief is filed.
The court hears appeals from the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, the District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and the Southern District of West Virginia. The Courthouse is located in Richmond, Virginia. There are 15 judgeships, 10 active judges, one senior judge who continues to hear cases part time, and two retired judges who no longer hear cases.
When an appellate attorney receives oral arguments on a case, each side gets twenty minutes to argue their side to a panel of three Judges, and each Judge may ask questions relating the issues presented in your brief. A three light timer is used to monitor each side. When the light is green, counsel may begin, when only five minutes remain, the green light is changed to a yellow light, when the five minutes expire, the red light appears, signaling that counsel is out of time.
As a mater of tradition, the Fourth Circuit Judges come down from the bench after each oral argument to greet the appellate lawyers and to thank them for their advocacy.
The Mace Firm has handled many federal appeals in the Fourth Circuit, and have received oral arguments on cases that present important issues relating to crimes of violence in light of the Supreme Court's decision in Begay. In December, the Mace Firm will again be before the court for oral arguments on a case that addresses due process rights at sentencing and whether a defendant's national origin or alienage may be a factor when formulating his sentence.
