The Honorable Lisa Greif, Jackson County Circuit Court
I have been a circuit court judge in Jackson County since January 2009. In these seven plus years, I have, like many of my colleagues, developed preferences for what I do and don’t like in my courtroom. What follows is a short list of some of my “pet peeves” and “delights.”
DO be on time. If you are going to be late to court, a phone call to one of the clerks or judicial assistants with a heads up is much appreciated. I would program all of the judges’ clerks and/or judicial assistants’ extensions into your cell phone so the numbers are readily accessible. Or, another option is to have another attorney who is going to be in the same courtroom let the judge know your status when the case is called. When I can’t move forward on the docket due to attorneys who are MIA, it is quite frustrating.
DON’T forget to silence your cell phone when you are in the courtroom and please tell your clients to do the same. It’s bad enough when a party, witness, or spectator’s cell phone goes off in the middle of a session (I particularly enjoy the loud rap or heavy metal music ringtones); it’s even worse when it’s an attorney sitting near or at the counsel tables.
DO talk to your clients about how to dress for/appear in court. It can be hard for me to take a person seriously who is wearing a baseball cap, smacking gum loudly, has a Budweiser t-shirt on, or who literally looks like they just rolled out of bed and are wearing pajamas. I don’t need a suit and tie (although, let me tell you, this does stand out), but at least have your clients come to court looking semi-presentable. When I was an attorney, I used to tell my clients to wear what they would to church or to a job interview. Most of the time they showed up looking pretty respectable. Remember that decorum is about aligning one’s conduct and appearance with the matter at hand. Everyone is reminded of the importance of the work we do when your client dresses as if Court were an important matter to him or her.
DO prepare exhibit lists for the judge. Try to show your exhibits to opposing counsel in advance if at all possible and definitely bring a copy for the other side. That way we don’t have attorneys spending court time reading a 50 page document in the middle of a trial or hearing. If you can get your hands on a stash of exhibit stickers, it is very helpful to have them pre-marked. All of these facilitate the introduction of any physical evidence occur in a timely manner.
DON’T forget to brush up on character/prior bad acts evidence. I think a lot of attorneys (and judges) struggle with this area of the law. I had a pretty awful criminal trial my first year as a judge involving Measure 11 sex offenses. I allowed some prior bad acts evidence to come in against the defendant and the case was ultimately reversed by the Court of Appeals. I still wish I had ruled differently (yes, even judges perseverate about decisions they make).
DO submit trial or hearing memorandums when appropriate. I don’t handle any jury trials in my current caseload of juvenile, probate, domestic relations, and treatment courts, so I make all of the decisions in the cases that come before me. It’s great to know what is at issue, get a condensed history of prior court proceedings, and be referred to the pertinent statutory provisions and case law. I have come to appreciate the memorandums and find them to be very effective “road maps.”
DON’T object just for the sake of making an objection. Does it harm your case or your client? Then don’t object. When I preside over trials with veteran lawyers, they hardly ever seem to object to the evidence. The overuse of objections drives judges (and juries) crazy in my opinion. And when you do make an objection, stand up and clearly say “objection” and then follow immediately with the basis for the objection. Finally, don’t argue with the judge or overreact if you don’t agree with the ruling. Simply saying “thank you, your honor” is greatly appreciated.
DO know your judge. Is he/she an evidence guru? How formal is he/she in the courtroom? Does the judge enjoy humor from time to time? Are there any quirks you need to know about? Ask other attorneys who regularly appear before the judge for tips in advance. I have also seen attorneys post questions about judges on some of the e-mail list serves (OWLS, OSB sections, etc.). Just be careful to not reply to the entire list publicly, as judges are on these lists too. If you have time, go watch the judge in session to observe for yourself his/her mannerisms, personality, etc. As an attorney, I often went to visit with the judge after a trial or hearing to get feedback. This proved to be quite helpful for future cases. In my county, the judges have an open door policy. We all enjoy chatting with the lawyers and getting to know them better. The judges I work with are happy to give an attorney who comes by our offices an honest assessment of his/her court presentation.
And lastly, DON’T overlook the importance of professional courtesy and respect. And, not just towards the judge. Courtesy and respect should also be extended to opposing counsel, the other parties, witnesses, and court staff. You are not going to make a good impression on me if you are belittling other people in the courtroom or if you are rude and condescending to my clerks or judicial assistant. If you are cordial and maintain an appropriate demeanor, it will go a long way.