Ordinarily, this column dispenses advice on what you should do as an advocate in the Appellate Division. This week is different. We present to you a series of “please don’ts” from appellate judges, delivered under a promised cloak of anonymity, setting forth some examples of things judges would prefer you not do.
First, let’s discuss how to address the court. If you are absolutely certain you can identify each of the sitting judges, feel free to address them by name. But it is best to avoid calling the judge by the wrong surname. No one is offended by “Judge” or “Your honor.” No matter how comfortable you are in the appellate setting, refrain from addressing the court as “you guys.”