Can a lawyer obtain appellate review of a sanctions order by piggy-backing on her client’s notice of appeal? The Court of Appeals for the First Circuit raised this question sua sponte in a decision issued on March 26, 2014, In re Joannie Plaza-Martinez.
A federal public defender appealed a sanctions order against her as well as her client’s sentence in a single notice of appeal. The notice of appeal was “unarguably proper” as to the client. Whether it was also proper as to the public defender’s appeal of the sanction order was “an unresolved jurisdictional question.”
The court noted that “the better practice is for an attorney who wishes to challenge a sanctions order directed at him or her to file a separate notice of appeal.” Nonetheless, the court held that it has “jurisdiction over a claim of error made by a lawyer who, rather than filing a separate notice of appeal to challenge a sanction imposed in the course of a case, piggy-backs on the client’s notice of appeal; provided, however, that the notice of appeal unambiguously manifests the lawyer’s intention to appeal the sanction.”
Categories General Tags jurisdiction, notice of appeal, palumbos, sanctionsRob Palumbos is chair of the Appellate division of Duane Morris' Trial Practice Group. Rob is an appellate lawyer with a track record in over 80 appeals of preserving trial court wins and reversing trial court losses. Read his bio.
Duane Morris’ appellate group provides commentary on the logic and art of handling complex appellate issues - from developments in specific appeals in the federal circuits to trends materializing in state appellate courts.
Paul Killion is a partner in the San Francisco office of Duane Morris and a appellate specialist certified by the State Bar of California. Read Paul's bio.
Rob Palumbos is chair of the Appellate division of Duane Morris' Trial Practice Group. Rob is an appellate lawyer with a track record in over 80 appeals of preserving trial court wins and reversing trial court losses. Read his bio.
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