The Honorable Allie Greenleaf Maldonado was appointed to the Michigan Court of Appeals in 2023. Judge Maldonado is the first citizen of a federally recognized Native nation to serve on the Michigan Court of Appeals. In addition to being a citizen of the state of Michigan, Judge Maldonado is a citizen of the Little Traverse Bay Bands of Odawa Indians (LTBB) and a member of the Turtle Clan. Before her appointment to the Michigan Court of Appeals, Judge Maldonado served as the Chief Judge of the Little Traverse Bay Bands of Odawa Indians and as assistant general counsel for the Tribe.
Who makes up your judicial staff and what roles do they play?
I have one senior law clerk and a junior law clerk/judicial assistant (JA). They assist me in research and writing. We work together to make sure the opinions are legally correct, have proper citations, and are in the approved court of appeals formatting. The JA also does general judicial support.
What types of matters/motions are held via Zoom and which are held in person?
The court of appeals judges are back in person. However, litigants can request to appear by Zoom. Those requests should be put in writing and will be granted liberally. Personally, with Zoom appearances being liberally granted, I’d like to see more child welfare cases take the opportunity to engage in oral arguments.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
The judges read everything, and before the oral argument, they might have a sense of how they will vote. But in my experience, they are all open to changing their minds. Therefore, for oral argument, it is essential to be very well prepared; you need to be prepared for anything! You may prepare yourself that day by thinking about what you have identified as your client’s strongest arguments. However, the best attorneys read the panel and adapt. Listen to the judges’ questions to understand what the panel has been talking about or thinking about the case. Figure out what was missing from your argument based on these questions. Do this well, and it can be the deciding factor.
If you are the appellant and you have the opportunity, reserve time to respond. Most people are good about this. While you are waiting for rebuttal, focus on what is happening between the panel and the appellee. You know the appellees general arguments after reading their brief, but listen to what the panel is asking them. When it is time for rebuttal, use the opportunity to address the panel’s questions from your perspective. That can really make a difference in your case.
What are some common mistakes lawyers make in your courtroom, either while appearing in person or remotely?
Don’t read from your brief during oral arguments. It is also a mistake to be rude to opposing counsel. Come in with the utmost professionalism. If a lawyer comes in hot and makes personal attacks, I wonder if the lawyer doesn’t believe in the strength of their legal argument. Rudeness is a big put off for me. We are all in the same profession. A Tribal court value is “respect” above all else, and it is what I expect in state court as well.
The parties may have a contentious relationship, that is why they are at the court of appeals, but counsel doesn’t need to behave that way. I will not penalize a party because counsel is rude; however, the rudeness can distract from their real argument.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
I have seen many attorneys state in their briefs that they are making an argument but then not flesh it out. It is the responsibility of the parties to fully brief every salient argument. See People v Matuszak, 263 Mich App 42, 59, 687 NW2d 342 (2004) (“An appellant may not merely announce his position and leave it to this Court to discover and rationalize the basis for his claims, nor may he give only cursory treatment [of an issue] with little or no citation of supporting authority.”) Everyone has to make choices with time limitations and page limitations, but you cannot just put your argument in a header or question presented and not develop it.
What is an example of a time a lawyer impressed you?
I have found so many of the attorneys who practice in front of the court of appeals impressive. Overall, they are skilled and professional. It has been a joy to work with them.
I love it when I ask for a citation, and the attorney has the cite right there. But be mindful that the cases you cite represent the proposition for which you are citing them. The attorneys who can do this are impressive.
Lawyers impress me who are on top of very recent caselaw and file a notice of supplemental authority when something brand new comes out. The judges get notices of new opinions, but if counsel provides an analysis with the supplemental notice and how this new authority helps their case, that shows the attorney is working at the highest level.
I am appreciative of counsel showing respect to each other. This sets a great tone and makes case call more enjoyable.
What is something interesting you do off the bench?
One of the best things I have gotten to do since being on the Michigan Court of Appeals is attending Tribal community events as just an LTBB Tribal community member, not the Tribe’s chief judge. I went to my Tribe’s powwow recently without the weight of being the chief judge. I also attended a Tribal graduation ceremony to support people I care about as a Tribal citizen, not a Tribal official and found I could relax and just blend into the community. I have enjoyed being just another Tribal citizen in the LTBB Tribal community.
Is there anything else you would like Michigan lawyers to know?
It is a huge responsibility being an attorney, and we are all very lucky to do that. That responsibility should be taken on with the greatest humility. If your client has a case before the Michigan Court of Appeals, remember that although you might argue these cases regularly, it is one of the biggest moments in your client’s life. Treat this opportunity with reverence. Most attorneys do this, and I have the utmost respect for them. In this way, we are all public servants.
Also, remember the Michigan Court of Appeals is an error correction court. The best attorneys really recognize the court’s role and lean deeply into it in their briefing.