Interview With Judge Nancy Caplinger

Judge Nancy Caplinger, Class of 1985, is the most recent Washburn University School of Law graduate to be appointed to the Kansas Court of Appeals. She heard her first oral arguments in the Robinson Courtroom and Bianchino Technology Center at Washburn Law on Wednesday, October 20, 2004. Professor Stephanie Mathews interviewed Judge Caplinger at the end of October 2004 so students, faculty and staff may become acquainted with her.

Mathews: What positions have you held since graduating from law school?

Judge Caplinger:

Mathews: Of those work experiences, what do you think best prepared you for being a judge on the Court of Appeals?

Judge Caplinger: They all provided excellent experience, but the best experience was the work I did for the last five years with the U.S. Attorney's office. I formed the Appellate Unit for the District in 1999 and served as the district's Appellate Coordinator during that time period. I researched and wrote more than 200 appeal briefs and argued many appeals before the Tenth Circuit Court of Appeals. I handled both criminal and civil appeals, and as Coordinator, edited all appellate briefs, coordinated all three offices appellate functions and handled all appeal requests by our District to the Solicitor General.

Mathews: What attracted you to a career on the bench?

Judge Caplinger: During law school, I worked part time as a law clerk for the Shawnee County judges and that's when I initially started thinking about the bench. I very much enjoyed my work as a research attorney to Justice Herd, and as a law clerk to Judge Kelly, and felt very comfortable with the workings of the court at both the trial level and the appellate level.

Mathews: Why did you chose the appellate bench rather than the trial bench?

Judge Caplinger: It suits my personality and my abilities, I think. I love the analytical process we go through in order to understand the real issues and resolve the appeal. I enjoy the way our court sits in panels of three judges,and the judges are very collegial. And perhaps my attention span is not what it should be (!) but I enjoy the variety of appeals we hear, and the fact that there is a definite beginning and end to each appeal. When one appeal is finished, we move on to the next appeal. I can say with certainty, it will always be interesting and I will forever be learning.

Mathews: Which state or federal judge (retired or current) do you must admire and why?

Judge Caplinger: Do I have to answer that one?!! I've worked for several judges in my time (state district court, federal district court and Kansas appellate court) and I'd hate to choose just one or offend anyone!

Mathews: Is there anything specific from your education at Washburn University School of Law that you feel was particularly important in preparing you for law practice?

Judge Caplinger: I think the legal research and writing training I received from Professor Elrod, and the appellate practice course I took from Professor Concannon were excellent. While substantive legal training is obviously important, nearly everything I've done in the practice of law involves legal writing. To be effective advocates, lawyers must communicate effectively, and I think Washburn Law School understands that.

Mathews: What can our faculty do (or continue to do) to enhance the quality of the bar?

Judge Caplinger: The practice of law can be extremely stressful and difficult and quite possibly may be much different than students expect it to be. I hope faculty will continue to stress the importance of collegiality among members of the bar and strict adherence to and understanding of our ethical rules. If lawyers get along, and respect each other as professionals and individuals, the practice of law can be a lot more fun!

Mathews: We have several students who already aspire to be judges. What advice do you have for them to help them achieve their goals?

Judge Caplinger: Form a plan early to achieve your goals. If possible, hold a part-time legal job in law school and get to know members of the legal community. Once you are out of law school, don't wait too long to get involved and give back to the profession, through service in professional and civic organizations. I think sometimes we spread ourselves too thin and then don't do anything well, so be active in one or two organizations rather than just a "member" of several.

Mathews: What do you do for enjoyment in your spare time?

Judge Caplinger: I have two daughters (ages 12 and 11) and two step-daughters (ages 12 and 11), so as you might imagine, most of my "spare" time is devoted to being with them. I also have a very large extended family, and we love to spend time together. I love animals, and have a soft spot for pound dogs and strays! I enjoy reading, cooking, and travel when I can.

Photograph: Nancy Caplinger talking with students from Ft. Hays State University.
Judge Caplinger visiting with students from Ft. Hays State
University who are considering attending Washburn Law.