Judge Kinsella was appointed to the circuit court on April 27, 2022, by Governor Gretchen Whitmer. Prior to her appointment to the Oakland County bench, Judge Kinsella spent nearly 20 years at Miller & Tischler, PC, in Farmington Hills in litigation practice and served as the firm’s vice president and a member of the firm’s Management Committee.
For attorneys who have never been to your court, what is your check-in process?
For all in-person matters, an attorney need only enter the courtroom where one of my two clerks will greet them and check them in for their matter. For Zoom matters, attorneys need only sign in to the Zoom courtroom, and they will be greeted by one of my two clerks.
When is your motion call? Are there a maximum number of motions heard during motion call?
Motion call is Wednesday morning. I start hearings at 8:30 a.m. and proceed until the docket is complete. Motion call, for the most part, is conducted via Zoom, and each hearing has a designated time. We give thought to what time to set each motion and send out notices that provide the designated time. If, after receipt of the Zoom notice, the time we select is a conflict for an attorney, the attorney may always contact chambers at kinsellachambers@oakgov.com and seek an accommodation. We try very hard to accommodate conflicts that attorneys may have.
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?
If an attorney has a proposed order, they may include it as an exhibit with their motion. Likewise, if the responding attorney has a preferred order, they may include it as an exhibit.
How should stipulated orders be submitted?
Stipulated orders should be submitted via the MiFILE system. Parties are also welcome to send a courtesy copy to chambers at kinsellachambers@oakgov.com.
Who makes up your judicial staff and what roles do they play?
Each family court judge has four staff—staff attorney, assistant, and two clerks. All staff in my chambers are critical to the efficient exercise of my duties. Clerks are the first people you may interact with whether in person, on Zoom, or on the telephone. They are primarily responsible for the receipt and processing of all domestic orders, they have an important role in preparation of the motion call each week and scheduling all domestic matters on the calendar, and they are very involved in personal protection orders. My assistant is a master of the calendar regarding all neglect, juvenile delinquency, and adoption matters; she is involved with all orders, motions, and hearings for the neglect, juvenile, and adoption cases; and she helps facilitate my schedule generally to ensure that the vast array of meetings are accommodated. The staff attorney is primarily responsible for legal research and drafting. My staff attorney is very involved in assisting me prepare for motion call and in the drafting of opinions and orders therefrom.
What types of pretrial conferences do you hold and what happens at them?
For domestic matters, I typically have two settlement conferences—one earlier in the case and one later. The settlement conferences are an opportunity to check in with the parties; for scheduling purposes and in some domestic cases, the parties may have already resolved the matters in their domestic action and are prepared to proceed for a pro con. I conduct a status conference as well with the attorneys about two weeks prior to their trial to inquire about any procedural issues they may want to address before trial and to assess the number of witnesses and exhibits expected. The status conference is helpful in ensuring we have set aside sufficient time on our calendar for the attorneys and/or parties to present their case.
Are you still using Zoom? If so, what types of matters/motions are held via Zoom?
Motion call for the most part is conducted via Zoom. Evidentiary hearings, trials, and personal protection order hearings are in person. Also, any matter where a foreign language interpreter or ASL interpreter is requested is conducted in person.
What are some of the common mistakes/issues you see attorneys making when attending court via Zoom?
Most attorneys are very prepared and professional. The issues that I see are ones that most of us have encountered since having meetings of any kind via Zoom. Most notably, connectivity issues or distractions within the participant’s room. It is also somewhat remarkable how many people think it appropriate to Zoom while in a moving motor vehicle! In that situation, my clerks will instruct a participant to pull over safely and then return to the Zoom courtroom.
Do you have any advice for attorneys appearing remotely?
I suggest that attorneys prepare themselves and their clients for remote appearances just as they would an in-person appearance, focusing on content of any testimony and demeanor. I encourage attorneys to ensure connectivity in advance for their clients so that, to the degree possible, they can avoid issues that cause delay for their clients.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
I encourage attorneys to always work on persuasive writing and oral argument without unnecessary hyperbole. I believe brevity is an absolute skill and making your point concisely is an art. Paraphrasing the late Justice Ginsburg, words paint pictures and choosing the right words in the right order make an enormous difference.
What procedural issues/disputes should be worked out between the parties before involving you?
I encourage and require that attorneys seek concurrence and make a true, good-faith effort to resolve issues prior to filing a motion. I believe many things can be resolved through dialogue. Contacting opposing counsel, identifying your request, and articulating your reason for the request is time well spent. That said, I appreciate that there is often genuine disagreement that cannot be bridged and there may not be a meeting of minds. When that occurs, I am prepared to hear and decide issues that the parties need addressed.
Any other common mistakes lawyers make in your courtroom?
One common mistake is not identifying the court rule or caselaw on which the lawyer relies to seek the relief they request.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
The most misinterpreted or misunderstood rules of evidence are the hearsay rules. Practitioners should consider rereading MRE 801-806 each time before an evidentiary hearing or trial so as to refamiliarize themselves again with the hearsay rules and exceptions.
What is an example of a time a lawyer impressed you?
Preparedness is always obvious and impressive. It is evident when an attorney has spent the time necessary to be able to articulate concisely and thoughtfully their position in the most professional way. I am impressed when attorneys have considered the questions that may be asked of them at motion hearings; they are aware of the weakness in their own position and are prepared to address it honestly.
What is something interesting you do off the bench?
I enjoy live music. I was never gifted or patient enough to learn a musical instrument, but I enormously respect musical talent and enjoy attending concerts of all genres.
Is there anything else you would like Michigan lawyers to know?
Prior to taking the bench, I was a litigator in courtrooms throughout the state for 22 years. In practice, I was fortunate to have mentors, and one lesson among the thousand learned I will share here. The choices we make, how we choose to act in and outside a courtroom, tell people more about you than the words you speak. Eleanor Roosevelt said, “One’s philosophy is not best expressed in words; it is expressed in the choices one makes.” So, I encourage all attorneys to think carefully about their choices and be deliberate knowing that your actions and how you treat others are telling your clients, your colleagues, your boss, judges, who you are. I suggest that your choices and interactions with clients, colleagues, the court, at every opportunity, show your professionalism and integrity.