The claim is based on three metrics: published opinions, filings in the Supreme Court, and filings in the Court of Appeals. By each of those standards, my experience exceeds that of all of my opponents combined.
The acknowledgment is from Stan Gunter, whose name has been on every criminal appeal out of his circuit since he became district attorney. Last week, at a candidate forum at state bar headquarters, he acknowledged that in most of those appeals, he played a limited, supervisory role – not an active role. So it is appropriate – indeed conservative – to assume that he played an active role in no more than half of them.
Published opinions
There are a number of commercial databases in which published opinions can be searched. We did a Westlaw search for participating attorneys in Georgia opinions. These are the results:
- Chris McFadden, 85 reported cases, the most recent in 2010.
- Stan Gunter, 3 reported cases prior to becoming district attorney, listed in 70 reported cases as district attorney, the most recent in 2010. As explained above we assume, for present purposes, that he has played an active role in no more than 35, for a total of 38.
- Antoinette “Toni” Davis, 15 reported cases, the most recent in 2009.
- David N. Schaeffer, 11 reported cases, the most recent in 1999.
- Adrienne Hunter-Strothers, no reported cases.
- James Babalola, no reported cases.
Filings in the Georgia Supreme Court
The Supreme Court’s docket for the past three years is on line and can be searched by attorneys’ names. We did so. These are the results:- Chris McFadden, 16 cases, the most recent in 2010.
- Stan Gunter, 3 cases, the most recent in 2010.
- Adrienne Hunter-Strothers, 3 cases, the most recent in 2010.
- Antoinette “Toni” Davis, 2 cases, the most recent in 2009.
- David N. Schaeffer, no cases.
- James Babalola, no cases.
Filings in the Georgia Court of Appeals
The docket of the Court of Appeals is on line back to 2000, but it cannot be searched by attorneys’ names. So Charles Cork, my campaign treasurer, devised a computer program that examined every docket entry. He has prepared a report describing his methodology. These are his results:
- Chris McFadden, 73 cases, the most recent docketed to 2011. (The appellate courts normally docket cases to the next term of court.)
- Stan Gunter, 88 cases, the most recent docketed to 2010. As explained above, we assume, for present purposes, that he has played an active role in no more than 44.
- David N. Schaeffer, 6 cases, the most recent docketed to 2004.
- Antoinette “Toni” Davis, 3 cases, the most recent docketed to 2009.
- Adrienne Hunter-Strothers, 1 case, docketed to 2009.
- James Babalola, no cases.
Breadth of experience
Quantity is not the only difference. At last week’s forum we were asked to describe the breakdown of our appellate-practice experience. Each of my opponents acknowledged that their appellate-practice experience is mostly or entirely limited to a single area – civil, criminal or domestic. I reported that all three of those areas represent a substantial part of my practice. Of my 85 reported appellate cases, 59 are civil, 10 are criminal, and 16 are domestic.
Right now, in the midst of the campaign, the appeals on my docket include: an action to partition land, a burglary case (pending at the motion-for-new-trial stage), two divorce cases, a will contest (recently resolved at the motion-for-new-trial stage), a dispute arising out of the termination of a corporation’s president by a majority of the other stockholders, a claim against an attorney for malpractice and fraud, a securities fraud claim, a receivership action initiated by a district attorney, and a construction contract dispute arising out of improvements at the Atlanta airport.
Just so you know, it is more likely that Stan Gunter only actively participated in 10 or less appellate cases.
ReplyDeleteIn the interest of full disclosure, perhaps you should inform the general public that of the 42 appeals handled by Mr. McFadden in the last decade, he won only 12 of them. Quality is more important than quantity when it comes to appeals.
ReplyDeleteAs an appellate lawyer in private practice, I usually represent the appellant, the party disappointed by the result in the trial court. Appellants usually lose. The system is designed that way.
ReplyDeleteThe quality of my work is reflected in my professional reputation. My professional reputation is reflected in the bar poll results.