“Hey, look at me—I need your attention!” That might be something that an appellate columnist hoping to attract readers might remark, but it’s not something that we should hope to see from appellate judges when writing opinions. Yet for a new crop of younger appellate judges, raised in our always-online world, it has become a far too common occurrence.

Perhaps I deserve a tiny portion of the blame for this. During the 20-plus years that my “How Appealing” appellate blog has been in existence, I have on too many occasions to count drawn attention, often in a positive way, to clever passages from newly issued appellate court opinions. Even now, I am not entirely opposed to cleverness or creativity in an appellate opinion, assuming that it serves an appropriate purpose and works as intended.

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