Appellate Judges live and work in a rarified air. They are ensconced in their chambers reading records on appeal (and if you believe that we have a bridge for you to buy), dazzling their clerks with their brilliant legal insights, insightful writing and legal analysis. Appellate judges are the only people (other than the governor's legal staff) that trial judges cozy up to, other than judicial fundraisers.
They have the power to set aside a verdict, release a prisoner (in theory at least), strike down a law, and order government officials around the way a trial court judge treats waiters at Sexy Fish.
So this is what puzzles us, why are they constantly issuing orders threatening lawyers?
"This appeal will be dismissed unless the appellant 1) pays the filing fee by tomorrow; 2) files their brief by next week; 3) files the directions to the clerk by 3pm today..." and on and on it goes, the lists of things that apparently turns them red in the face.
True power means you don't have to threaten people to get them to do something.
Federal judges issue orders- trial is set for....the status conference is set for....etc., and they don't threaten sanctions and disaster. Judges expect attorneys to follow orders...well, attorneys who don't work for former presidents.
Memo to the Appellate Courts and their clerks- try a little kindness. Karma Kramer. Be nice. Pay it forward.
Try this on for size: "Counsel for the appellant is kindly requested to pay the filing fee by tomorrow, it probably slipped your mind..." or "We know you're busy. We are all busy. It would impress the panel if the brief is filed by February 14, after which counsel and their significant other can celebrate with a nice Valentine's 💖 dinner."
The Florida Supreme Court talks so much about bringing back respect and professionalism into the law. How about a little professional courtesy and kindness?
Stop threatening us. It just makes a bad day worse. Nobody likes a bully.