Barnett Encourages Junior Lawyers to Take More Active Role During Oral Argument in AD Case

Court of International Trade Judge Mark Barnett encouraged parties in an antidumping duty case to involve their junior lawyers in an oral argument proceeding set for Aug. 15. Submitting a letter to the litigants in a suit on the AD investigation on raw honey from India, Barnett said the Federal Bar Council has suggested judges should modify their practice rules to let junior lawyers "take a more active role in oral arguments" (American Honey Producers Association v. United States, CIT # 22-00195).

While this suggestion centers on federal district courts, "the sentiment is no less relevant" to the trade court, Barnett said. In this context, Barnett said he hopes the lead attorneys in the suit will consider the role that junior lawyers could play in the oral argument. "I hope that you will consider providing those lawyers who are familiar with the issues and record under consideration, but who are not as experienced in arguing before a court, with the opportunity to participate in this argument," the letter said.

Barnett's letter reflects his broader goal of establishing the next generation of the trade bar. In comments made to Trade Law Daily after he became chief judge of the court, Barnett said he hoped to encourage younger associates to brief the court during oral arguments (see 2107290073).

The suit, brought by AD petitioners American Honey Producers Association and Sioux Honey Association, claimed the Commerce Department illegally relied on raw honey acquisition costs as a proxy to calculate the costs of production despite the respondents withholding information in the proceeding (see 2305250051). The petitioners are vying for the use of adverse facts available in the suit.