Judge's Corner

Article Index

Judicial Challenges The Honorable Janet Stauffer, 7th Judicial Circuit (August/September 2017)

Use of Fictitious Names for Parties in Civil Litigation in Oregon The Honorable James Hargreaves (Senior Judge, retired), Lane County Circuit Court (June/July 2017)

The Judge's Pledge The Honorable Susan Tripp, Marion County Circuit Court (May/June 2017)

Organizing for the Courtroom The Honorable Daniel R. Murphy, Linn County Circuit Court (March/April 2017)

A Two Year Journey with Odyssey in Juvenile Court The Honorable Lindsay Partridge, Marion County Circuit Court (January/February 2017)

Lane County Streamlined Jury Trial Project The Honorable Curtis Conover, Lane County Circuit Court (November/December 2016)

20 Ways to Further Justice The Honorable Ilisa Rooke-Ley, Lane County Circuit Court (October/November 2016)

Managing Multi-Party/Complex Litigation without Driving Your Judge Crazy (and maybe even making it easier for everyone) The Honorable Henry Kantor, Multnomah County Circuit Court (September 2016)

Managing Multi-Party/Complex Litigation without Driving the Judge's Staff Crazy The Honorable Eve L. Miller, Clackamas County Circuit Court (August 2016)

Do's and Don'ts in the Courtroom The Honorable Lisa Greif, Jackson County Circuit Court (June/July 2016)

Preparation for a Status, Case Management, or Pretrial conference - or how to get more out of a non-evidentiary proceeding in criminal and family court cases The Honorable Kirsten E. Thompson, Washington County Circuit Court (April/May 2016)

Postponements The Honorable Richard Barron, Presiding Judge, Coos/Curry County Circuit Court (March 2016)

Consider Trying More Cases The Honorable Suzanne Chanti, Lane County Circuit Court Judge (February 2016)

Professionalism - It Counts Both In and Out of the Courtroom The Honorable Brian Dretke, Union County Circuit Court Judge (January 2016)

Changes to Sex Changes The Honorable Beth A. Allen, Multnomah County Circuit Court Judge (December 2015)

Top 25 Tips from a Senior Judge The Honorable Michael C. Sullivan, Senior Judge (retired), Deschutes County (November 2015)

How to Succeed at Power Point In the Courtroom The Honorable Michael McShane, US District Court (October 2015)

Effective Use of Evidence At Jury Trial The Honorable Matthew Donohue, Benton County Circuit Court (September 2015)

Making a Record for Appeal, The Honorable Charles M. Zennaché, Lane County Circuit Court (August 2015)

Access to Civil Justice in Oregon's State Courts, The Honorable David Brewer, Associate Justice, Oregon Supreme Court (July 2016)

What Jurors Want: A Look Into the Minds of Jurors, The Honorable John V. Acosta, United States Magistrate Judge (June 2015)

Handling the "Half-se" Hearing, The Honorable Mustafa Kasubhai, Lane County Circuit Court (May 2015)

Effective Voir Dire, Judge Thomas Hart, Marion County Circuit Court (April 2015)

The New Judge on the Block, Judge Lung S. Hung, Malheur County Circuit Court (March 2015)

The Gift of Finality: One PJ's Perspective, Judge Karsten H. Rasmussen, Lane County Circuit Court (February 2015)

ORCP 68 Attorney Fees - when, why and how to seek them, Judge Deanne L. Darling, Clackamas Juvenile Court (January 2015)

Difficult questions must be answered before they are asked, Judge Edward J. Jones, Multnomah County Circuit Court (December 2014)

Judicially Hosted Settlement Conferences, Judge Jamese L. Rhoades and Sr. Judge Don Dickey, Marion County Circuit Court (November 2014)

Working together to make discovery more efficient, The Honorable Youlee Yim You, Multnomah County Circuit Court (October 2014)

Court Trials - A Jury of One, The Honorable Katherine E. Tennyson, Multnomah County Circuit Court (September 2014)

Making the Most of Short Evidentiary Hearings, The Honorable Daniel R. Murphy, Linn County Circuit Court (August 2014)

Vouching, The Honorable Jay McAlpin, Lane County Circuit Court (July 2014)

Appropriate Jury Instructions Can Help Litigators Win Trials, The Honorable Paula Brownhill, Clatsop County Circuit Court (June 2014)

Evidentiary Hearings and Motion Practice in the era of Oregon e-court, The Honorable Benjamin Bloom, Jackson County Circuit Court (May 2014)

Motions in Limine - Tips for "Newer" Litigators, The Honorable Jodie Mooney, Lane County Circuit Court (April 2014)

The Honorable Ilisa Rooke-Ley
Lane County Circuit Court
(October/November 2016)

20 Ways to Further Justice

Before I became a Lane County Circuit Court Judge six years ago, I was an Assistant Public Defender in Florida and Oregon. As a judge, I have presided over criminal dockets, "ex parte", civil show cause, FED's, small claims, traffics, juvenile and tried both civil and criminal jury trials. My current assignment is Treatment Court and Veteran's Treatment Court. Here are some tips (advice) for both seasoned practitioners and newcomers:

  1. If you practice law in Oregon, you will have a client, no matter what your field of practice, whom would benefit from treatment court.
  2. If your county has a treatment court, familiarize yourself with the practices and procedures. These courts save lives, families and precious tax dollars.
  3. If your county does not have a treatment court, start one. The National Association of Drug Court Professions (nadcp.org) and Oregon Association of Drug Court Professionals (oadcp.org) websites have everything you need to know about what it will take to implement a treatment court.
  4. Humanize your client whether during a trial, a settlement conference or placing a settlement on the record. Your client knows when you are rushed, unprepared or not committed to the matter at hand. The justice system, your reputation and your client suffer when you are just going through the motions.
  5. When asked for the legal authority of a proposition you are suggesting, do not utter the words, "I know there is a case...but I cannot remember the name ... I have no cite..."
  6. If you decide to represent someone in a juvenile court matter, learn, understand and use the proper legal terms associated with juvenile court jurisdiction. Talk to other lawyers and staff before you appear to familiarize yourself with the proper procedures.
  7. Err on the side of formality. Always. Stand whenever addressing the judge even for a simple "yes" or "no ".
  8. Criminal legal issues are frightening and confusing to your clients. Make you sure you address potential consequences of a conviction such as a driver's license suspension or the lack of ability to leave the state due to probation. Make sure to talk to your client about "Waiver of Indictment" and "Waiver of Dismissed Charges" before appearing before the judge.
  9. Prepare your client for the particular judge and her rules. Don't wait until the Judge admonishes your client for wearing an inappropriate shirt or a hat. Teach your litigant how to address the judge.
  10. Court staff are listening and reporting to judges. Court staff are the people you want on your side. Disrespecting a judge's staff is very concerning and your reputation will suffer.
  11. Judges have a Birdseye view of the courtroom. We see your impatience, grimaces and eye rolling. And so does your client. Model professional behavior.
  12. If you are representing a party and the other side is pro se, proceed with grace and professionalism. Judges have a duty to report unprofessional behavior and that includes bullying pro se litigants by taking advantage of their lack of knowledge of the evidence code.
  13. A "shrug" is never an answer to a question.
  14. Dress to win and support your client by making suggestions about his or her apparel.
  15. Do not say "my bad" ever.
  16. Colloquiums are best left for the judge.
  17. Object with certainty AND with basis ("Objection, hearsay" or "Objection, lack of foundation").
  18. "Ex parte" is a court proceeding and pro se litigants will mimic your attitude.
  19. Read your yellow books (also known as the Advance Sheets). Stay ahead of the game.
  20. Practice the type of law you love and love your practice of law.

 

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