Jeffrey L. Fisher

As co-director of the Supreme Court Litigation clinic, Fisher draws on his deep federal appellate experience as former law clerk to retired U.S. Supreme Court Justice John Paul Stevens and to Judge Stephen R. Reinhardt of the 9th U.S. Circuit Court of Appeals. He also formerly co-chaired the appellate practice group at Davis Wright Tremaine LLP. He has argued 28 cases before the Supreme Court, with two more set to be heard by the justices in October.

Fisher is unique, according to The New York Times, which in an August story about the quality of representation before the high court noted: "The cream of the Supreme Court bar does occasionally handle cases for criminal defendants, often without charge. But there is only one expert Supreme Court advocate whose practice is largely devoted to criminal defense: Jeffrey L. Fisher of Stanford Law School."

Fisher declined comment on the Times mention. But he did speak about his upcoming high court cases. Besides the two set for argument, he said, "I have a third, Microsoft v. Baker, where cert has been granted, and we expect argument to be set later this term." The case is not a criminal matter, but a dispute over whether federal appellate courts have jurisdiction to review a class certification denial after the named plaintiffs voluntarily dismiss their claims. Microsoft Corp. v. Baker, 15-457 (U.S. Sct., filed Oct. 9, 2015). "That's not a clinic case," Fisher noted. "I'm working with my old law firm, Davis Wright Tremaine, on that one."

Set for oral argument Oct. 5 is a case that mixes instances of police misconduct during and after a felony arrest with the right of the victim to later sue the authorities for malicious prosecution in civil court. A circuit split on whether the Fourth Amendment allows such a suit likely persuaded the high court to grant review. Fisher said he answered a call for assistance from a local attorney with limited federal appellate experience. "The plaintiff's lawyer from Illinois, who was appointed by the district court and whose practice involves representing school districts, asked me to help on the case after cert was granted." Manuel v. City of Joliet, 14-9496 (U.S. Sct., filed April 27, 2015).

Up for oral argument Oct. 11 is Pena Rodriguez v. Colorado, 15-606 (U.S. Sct., filed Nov. 10, 2015), in which Fisher will contend that the Colorado Supreme Court got it wrong when it disallowed juror testimony of racial bias during deliberations to challenge a sexual assault guilty verdict against his client. "A former public defender in Colorado asked me to come into the case after losing in the Colorado Supreme Court," Fisher said, adding that he has "a handful of other cert-stage cases in the pipeline, but nothing off-the-charts high profile."

— John Roemer