APPELLATE ADVOCACY PROGRAM

Judge Information Page

Welcome to Vermont Law & Graduate School’s Appellate Advocacy page!

Appellate Advocacy is an upper-level writing course students take in the summer or fall of their second year at VLGS. In this course, students practice advanced advocacy techniques through drafting a U.S. Supreme Court brief and presenting oral argument before a panel of volunteer judges.

Use the form below to sign up to judge this semester’s Appellate Advocacy arguments. You will receive a confirmation email after you sign up to judge.

In 1996, Holsey Ellingburg, Jr., was sentenced to 322 months imprisonment for bank robbery. The sentencing court also ordered him to pay $7567.25 in restitution. At the time, 18 U.S.C. § 3613 allowed the government to enforce a restitution order for 20 years after the date on which the order was imposed. Under that provision, Ellingburg’s restitution liability would expire in 2016. But shortly after Ellingburg was sentenced, Congress amended § 3613, changing the liability term to 20 years following the date of a person’s release from prison. Under the amended provision, Ellingburg is liable for restitution until 2042.

Ellingburg argues this statutory change violates the U.S. Constitution’s Ex Post Facto Clause. A statute that changes the penalty for a crime is unconstitutionally ex post facto if the statute is criminal in nature, retroactive, and disadvantages the defendant. The lower court held restitution is “essentially” a civil remedy, and therefore concluded the statutory change here is not ex post facto. The U.S. Supreme Court now takes up the issue.

Judges' Sign-up Form

Please enter your contact information and the dates and times you plan to judge on the form below. Each two-hour date/time block includes two arguments, for a total of four students.

Please contact Claire Andrews at candrews@vermontlaw.edu if you have questions or need more information.

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