Annual Court of Appeals held on campus

By Jodi Oliver

October 15, 2009 No Comments

Appellate court judges spoke to students one-on-one following the Missouri Court of Appeal’s annual stop at Missouri Western on Oct. 7.

Three of the 11 Western District court judges were part of the appeals court which handles approximately 40 percent of the intermediate appellate caseload in Missouri, with jurisdictions covering 45 counties. Missouri Western is just one of the many stops the court makes each year and has been doing so for 12 years. Three cases were presented that day; one criminal and two civil cases regarding child custody.

Judge Thomas H. Newton, who was appointed to the court of appeals in 1999 said, “We think it’s important to get out and about so folks know we are not in our so called ivory tower. They say appellate judges are in an ivory tower, we just kind of go up there and read and write.”

The Court of Appeals handles cases that are handed up from the circuit court. If a party loses in the circuit court and feels a mistake was made, that party may file an appeal. The court considers the briefs, oral arguments, transcripts, pleadings and exhibits from the trial in researching, deciding, and writing its opinions.

Professor of legal studies, Suzanne Kissock said, “I love the cases that were presented today because they were like Lifetime afternoon movies, but people think that the law is theoretical and intellectual and not part of their lives. When you see it first hand and you go to court and you see in the appellate court how plainly the lawyers and judges are speaking about very personal, very intimate issues then I think that’s when it comes alive.”

Judge Mark D. Pfeiffer, who was appointed in May 2009 to the court of appeals, said how difficult some cases can be, whether it is a criminal case or a custody case. As a parent himself he feels it is refreshing to hear cases involving children who have parents who love that child enough to fight for them. A decision on each case is voted on after the judges have reviewed past related cases as well as laws; while leaving out any personal opinion. This process can take six to eight weeks to finalize.

“We are human beings, too, and so we don’t just look at these as theoretical law school exam question,” Pfeiffer said. “These are real people with real lives and perhaps real problems in their own personal life that may have led to where they are at…at this appeal.”

Regardless if students are seeking a degree in law, Kissock believes it is important for all students to experience the Court of Appeals during their studies at Western to provide them with a better understanding of how the law relates to them.

“A lot of time there is this misunderstanding that the system functions without a heart, without a soul in the sense that they are not connected to the people that come before them and they very much are. They’re people who are trying to do the right thing to make an impact on the world and students don’t get that from a textbook,” Kissock said. “I just wish more students would attend and pay attention,”

The judges were asked if they like practicing law, Pfeiffer said he received his bachelor’s degree in accounting before deciding to study law. He encouraged all the students to pursue careers for what they have a passion for.

“It makes life interesting when you can wake up in the morning and say I have a passion for doing my job,” Pfeiffer said.

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