Hon. Dennis Wiley earned his juris doctorate degree from Notre Dame University in 1973. He was appointed to the 5th District Court in Berrien County by Governor John Engler in 1996. Prior to his appointment, Judge Wiley worked as a prosecuting attorney in Berrien County.
For attorneys who have never been to your court, what is your check-in process?
For criminal cases, attorneys should appear at the criminal division clerk’s office or the judicial desk. For civil cases, they should appear at the civil division clerk’s office. (Berrien County is a consolidated trial court, so we are divided into criminal, civil, and family courts.)
When is your motion call? Are there a maximum number of motions heard during motion call?
Criminal motions are scheduled by the assignment clerks upon request and filing by the parties. Civil motions are heard every other week on Monday. The judge’s administrative assistant will consider how many and how complex motions are when setting them for hearings and limit them accordingly.
Should proposed orders be submitted to the clerk before argument? Do you expect orders to be drafted in court, and, if so, are there computers for drafting them?
A proposed order should accompany a motion when submitted to the court for argument; I believe the court rules require that. But in any event, it assists the court in understanding the underlying purpose of the motion. It also facilitates the parties in deciding whether the motion is valid or contested.
How should stipulated orders be submitted?
Stipulated orders should be submitted to either the court clerks, the judge’s clerk, and/or the judge’s administrative assistant for filing and review by the court.
Who makes up your judicial staff and what roles do they play?
My administrative assistant, who is also a court recorder, is responsible for keeping an accurate record of all court hearings, scheduling hearings and trials, preparing or ordering transcripts, scheduling meetings and appointments, maintaining files, screening calls, and handling correspondence.
My court officer (bailiff) is responsible for managing the proceedings, ensuring the necessary parties are present, calling the cases in the proper order, maintaining the decorum of the courtroom and proceedings, and ensuring the security of the court and participants. In a jury trial, the court officer is responsible for maintaining the jury and ensuring that there is no interference or inappropriate contact by anyone involved in the trial.
My court clerk maintains and prepares the files before the proceedings, including data entry, and ensures that the files are up to date with motions and orders. The court clerk also prepares any post hearing orders/commitments for the judge’s signature.
My law clerk reviews motions, requests, and proposed orders for the court; prepares memoranda for the judge, including applicable law and cases for the court to review and consider; and drafts opinions and orders for the court post hearings in accordance with the court’s decision.
What types of pretrial conferences do you hold and what happens at them?
Pretrial conferences vary according to the type of case before the court. The objective is to bring the parties together to discuss the issues and potential resolution of the case before trial; it can also be used to assist the parties and court to resolve minor disputes and focus attention on the primary issues of the case. Pretrial conferences can include plea bargaining in criminal cases and settlement negotiations in civil litigation. In essence, the pretrial conference assists the parties and the court in focusing on the relevant issues of the case and promoting possible resolution of the matter without the necessity of a trial—it provides expeditious settlement of disputes without inconveniencing jurors to have to take time from their own lives to hear the case.
What types of matters/motions are held via Zoom and which are held in person?
In general, cases that require testimony before a jury should be held in person, and, in a criminal case, the matter must be heard in person unless otherwise indicated or waived. Most civil cases can be heard by Zoom unless otherwise requested.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
Arguments or briefs that contain correct or analogous statements of the law that apply to the case being heard are the most compelling or persuasive components of any argument before the court.
What procedural issues/disputes should be worked out between the parties before involving you?
It is most helpful and efficient for the parties to stipulate to facts, evidence, witnesses, or applicable law upon which they can agree to eliminate unnecessary waste of the court’s time and focus on the issues in dispute, which the court or jury must decide.
What are some common mistakes lawyers make in your courtroom, either while appearing in person or remotely?
Unfortunately, a common mistake that lawyers make is being unprepared either with the facts of their case or the applicable law and expecting the court to do their work for them. Another common mistake is to continue arguing with the court after the court has made its decision—they’ve made their record for any appeal, and there’s no need to continue arguing with the judge. Also, a lack of respect and candor with the court is unacceptable.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
Probably the most misinterpreted rule of evidence is the hearsay rule and its exceptions.
What is an example of a time a lawyer impressed you?
A lawyer who properly assessed the real needs of his client who was before the court and advocated for the court to address the client’s needs and best interests, despite the client’s state of denial, impressed the court. He cared about his client and what was in the best interests of that client.
What is something interesting you do off the bench?
I like to exercise regularly, which often helps me to think about matters that I have to decide without any interruptions.
Is there anything else you would like Michigan lawyers to know?
Lawyers should remember that the judges before whom they appear were lawyers/advocates themselves before taking the bench. Judges are impressed by lawyers who are well prepared with the facts and law, efficient, respectful, and honest with the court and their adversaries.