Hon. Anthony J. McDowell is a circuit court judge for Genesee County. Before that, Judge McDowell was the director of the of the Genesee County Friend of the Court, serving as the administrator responsible for all Friend of the Court operations with a focus on improving access and education related to custody, parenting time, support, paternity, and other family law matters. Prior to his director role, Judge McDowell held the role of Deputy Friend of the Court, staff attorney, judicial advisory assistant, and lawyer in private practice. He is a member of the Family Law Section of the State Bar of Michigan, Genesee County Bar Association, and Friend of the Court Association. Judge McDowell is a member of the Michigan Child Support Formula committee and is a frequent speaker for the Michigan Family Support Council.
Where can lawyers find your courtroom protocols, and what is something that lawyers often miss about them?
Our Policies and Procedures are available on the 7th Circuit Court website. The most common question is usually that people will call to get a court date, but there is no need to call, unless there is a stipulated order, since Mondays are always our motion day.
For more information, visit: https://7thcircuitcourt.com/general_information/judges.php.
For lawyers who have never been in your courtroom, what is your check-in process?
It depends on the day of the week and staffing to some extent. Generally, on Monday we are in the courtroom most of the day, so checking in with staff in the courtroom is the best method. On the rest of the days of the week, it is best to check in with staff in the office. There really is no wrong place to check in though, as long as we know who is here and what case they are present for.
Is there anything unique about your motion call process that lawyers should know?
Our contested motions are held in person, so that parties can discuss the issues in person, and, if necessary, testimony can be taken on temporary relief issues. Uncontested motions or stipulated orders can almost always be via Zoom, and we are very flexible about dates and times for entering stipulated orders.
What are your preferences for how lawyers handle proposed and stipulated orders?
Having a proposed order dropped off at the office in advance of the hearing is always beneficial and appreciated. For stipulated orders, if they have been signed by all parties, attorneys can reach out to our office to find a time to place the agreement on the record, if required under the circumstances.
Are there particular members of your staff that lawyers should contact about certain things?
We try to be able to address any issue regardless of who you contact. If there is an issue regarding a Monday motion, it is generally best to direct those to our domestic court clerk. If it is regarding a domestic relations trial or mandatory settlement conference, then that is better suited for our judicial administrative secretary. Anything related to child protective proceedings or delinquency is best directed to our juvenile court clerk.
What types of pretrial conferences do you hold, and what information and forms do you require at them?
On prejudgment new filings, we will usually set an early scheduling conference first, before setting any future dates. The goal of the early scheduling conferences is to get a feel for where the parties and attorneys are at regarding any ADR, any major discovery issues (appraisals, businesses, etc.). At the end of the early scheduling conference, we should have a concept of whether another settlement conference will be valuable—it usually is—or whether the matter needs to be set for a final mandatory settlement conference and trial date.
On post-judgment filings, almost all cases start with a mandatory settlement conference. Some cases will have multiple mandatory settlement conferences in an effort to assist working toward resolution.
Cases that are set for a trial or evidentiary hearing will usually get a final mandatory settlement conference. Final mandatory settlement conferences are a last opportunity to see if the matter will resolve absent a trial and to set exactly the number of witnesses, exhibits, and expectations for the day of trial.
What should lawyers know about your expectations and approach to ADR?
If attorneys and parties want to go to mediation, it will almost always be ordered. Preferably this will be addressed at an early settlement conference or a first mandatory settlement conference, so a second mandatory settlement conference can be set to determine if mediation was successful.
What do you think makes a written motion or brief compelling or persuasive?
Every motion or brief will be read in its entirety. Knowing that the motion or brief fully captures the issues before the court is important. Often, if there is something that is not fully understood, there will be questions that will come out at the motion hearing.
What are some common mistakes lawyers make during oral argument?
Personal attacks against opposing counsel are not going to help anyone’s oral argument. As most attorneys know, many cases settle and don’t result in a trial. So, all that can be done to keep emotions in check for the benefit of the parties in family law cases is greatly appreciated.
Is there anything in particular lawyers should know about how you conduct trials?
When we set a trial, we expect that matter is going to actually require a hearing and will be prepared to proceed at the time it is set for trial.
What is the best advice you got from a mentor?
When people come into our courtrooms, it is often one of the most important days of their lives. We are in our courtrooms every day and handle lots of matters, it is important to remember that it is the most important day for the people who enter our courtrooms.
Are there particular practice resources you think lawyers should consult?
Use the resources that judges are using. If your judge is using a particular bench book or a particular resource, make sure you know that resource as well.
What is something interesting you do off the bench?
My time off the bench is mostly spent with my family, so depending on the interest of the day, I might be particularly well versed in the mobs in Minecraft, the hardest course on Mario Kart, or the hidden easter egg in the latest Taylor Swift album.
Is there anything else you would like Michigan lawyers to know?
My chosen area of the law is family law. It can be a challenge to help families through a difficult season in their life. When those of us who choose to do family law show up for families in a calm, empathetic, and respectful way, we can make a meaningful difference in the way that people navigate a challenging part of their life and how they feel about the court system as a whole.