Annual Report

Appellate Practice Section
Annual Report

2022-2023

Section Membership

 As of June 21, 2022, the Section reported 356 members. As of June 2, 2023, the Section reported 320 members, a decrease of 36 members from the end of the 2021-2022 Bar Year.

Financial Status

 The Section began the 2022-2023 Bar Year with a balance of $5,923 (as of July 1, 2022). As of April 30, 2023, the last month for which financials are available for preparation of this report, the Section reported a balance of $6,316. While this figure is below the balances reported for a similar date in recent bar years ($9,013.03 as of April 30, 2021; $12,542.08 as of April 30, 2022), this decrease is due to the Section returning to in-person meetings of the Governing Council (held intermittently though the year for the first time since March 2020) and in-person social gatherings, as well as a return to in-person Annual Meeting and Dinner in June 2022 (the first since June 2019). For purposes of historical comparison, as of April 30, 2020, at the early stages of the Covid-19 Pandemic, the Section reported a balance of $3,113.10. In addition, Bar Year 2022-2023, was the first year of the revised dues structure adopted by the MSBA, which resulted in a slight decrease in the amount of dues that the Section receives from its membership. Despite these considerations, the Section remains in a good financial position, though it may be advisable to consider implementing a registration fee for the Annual Meeting to defray some of the cost of the largest expense for the Section, historically costing in excess of $3,000 per year.

CLEs & Events

The Section hosted six (6) CLEs in fiscal year 2022-23. 

In addition to the events above, the Section took the lead in the planning of the Appellate Practice Institute (“API”), hosted by Minnesota CLE. The 17th Annual API was held on Friday, February 24, 2023, and offered its 165 attendees a total of 7.0 CLE Credits (Event Code 479850). Another 44 persons attended the online replay on March 17, 2023, for a total API attendance of 209, the highest API attendance in ten years. While the plan had been for the 2023 API to be held in person for the first time since February 2020, considerations due to a winter storm required API to shift to a virtual format.

The Section also assisted with the promotion of events hosted by either the Minnesota Supreme Court Historical Society or the American Constitution Society, and is in the process of assisting with the preparation, promotion, and execution of various events commemorating the 40th Anniversary of the Minnesota Court of Appeals.

Annual Meeting and Election Results

The Section’s Annual Meeting was held on May 31, 2023, at Dock & Paddle in Como Park in Saint Paul. There were 65 people in attendance. During the meeting, the Section considered certain amendments to the Section bylaws proposed by the MSBA as a result of the merger between the MSBA, HCBA, and RCBA. The bylaws had been recommended by the Council and were approved by the Section on a unanimous voice vote.

The following council members were also unanimously elected to serve on the Section’s Governing Council from 7/1/2023 to 6/30/2024:

Matt Barber, SCWEBELL GETZ & SIEBEN*

Elizabeth (“Betz”) Bentley, UNIVERSITY OF MINNESOTA LAW SCHOOL

Michael Boulette, TAFT STETTINIUS & HOLLISTER

Elizabeth Cadem, BUNS & HANSEN, P.A.

Eric Caugh, ZELLE LLP

Hon. Jeanne Cochran, MINNESOTA COURT OF APPEALS**

Caitlinrose Fisher, FORSGREN FISHER MCCALMONT DEMAREA TYSVER

Michael Goodwin, MINNESOTA ATTORNEY GENERAL’S OFFICE

Erica Holzer, MASLON LLP

Michelle Kuhl, LOMMEN ABDO*

Hon. Elise Larson, MINNESOTA COURT OF APPEALS

Monte Mills, GREENE ESPEL

Cicely Miltich, LATHROP GPM

Adam Petras, HENNEPIN COUNTY ATTORNEY’S OFFICE

Matthew Rubenstein, JONES DAY*

Scott Wilson, SCOTT WILSON LAW FIRM, PLLC

Jenna Yauch-Erickson, APPELLATE PUBLIC DEFENDER’S OFFICE

* Denotes New Council Member, Elected to a Three-Year Term (2023-2026) at the Annual Meeting

** Denotes New Council Member Elected to an Abbreviated Two-Year Term (2023-2025), filling a Vacancy by Judge Jesson’s Resignation

In addition to the above, the following officers were elected to serve on the Section’s Governing Council from 7/1/2023 to 6/30/2024:

            Chair: Leah Huyser, FREDRIKSON & BYRON

            Vice Chair: Travis Smith, MURRAY COUNTY ATTORNEY’S OFFICE

            Secretary/Treasurer: Kyle Kroll, WINTHROP & WEINSTINE

            Immediate Past Chair: Christopher Bowman, MADIGAN, DAHL & HARLAN, P.A.

Outgoing Governing Council Members (Hon. Francis Connolly and Hon. Lucinda Jesson, MINNESOTA COURT OF APPEALS; Scott Flaherty, TAFT, STETTINIUS & HOLLISTER; and Nicholas Nelson, CROSSCASTLE) were also recognized at the Annual Meeting.

Diversity, Equity and Inclusion

Council members continued work with last year’s Appellate Practice Mentorship Program this year, matching attorneys with law students interested in appellate practice. The mission of the program is to encourage law students in historically underrepresented communities to pursue appellate practice – including through clerkships – and help support students in those endeavors.

Other Accomplishments

The Self-Help Clinic through the MN State Law Library continues to serve pro se litigants through our Section members volunteering their time. While restrictions put in place during the Covid-19 pandemic have eased, the clinic has remained virtual, decreasing the burden on litigants, volunteers, and the employees of the State Law Library. At the current time, no stakeholders have indicated a desire for the Clinic to return to an in-person format.

In addition, the Section launched a mock argument program, whereby appellate practitioners can be connected with attorneys willing to assist with oral argument preparation on an either low- or pro-bono basis by participating in mock arguments and offering feedback. The program was officially launched in connection with the 2023 Appellate Practice Institute.

Submitted By:

Christopher W. Bowman, Outgoing Section Chair

Date: June 8, 2023