For attorneys who have never been to your court, what is your check-in process?
For both probate and family court matters, folks should check in at the probate court window on the first floor.
I start from the position that the best case scenario is for cases to be heard live. Cases get delayed when we are trying to connect people, and, in our rural area, a good connection is often a problem. Also, having everyone in the room together enhances prospects for truthfulness and lends to the formality of the proceedings. From the attorney perspective, I expect that if you file an appearance in our court that you should expect to appear live when required. If that is not possible, then you should not appear in this county. That said, I have been pretty flexible in allowing Zoom attendance. However, I always require that evidentiary hearings be held live.
When is your motion call? Are there a maximum number of motions heard during motion call?
I do not conduct a formal motion call day. On the days that we hold hearings for specified cases, I just hear motions as they come, for example:
· Monday—Family, (divorce, custody, support with and without minor children, PPOs)
· Tuesday—Probate
· Wednesday morning—Probate
· Wednesday afternoon—Juvenile Delinquency
· Thursday—Abuse and neglect
· Friday—Trials
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?
Proposed orders should always be submitted ahead of the hearing. However, I do not expect orders to be prepared during the hearing. We do not supply computers for drafting.
How should stipulated orders be submitted?
Stipulated orders are submitted to the clerk’s office in family cases and to the probate office in all other matters.
Who makes up your judicial staff and what roles do they play?
My staff includes a probate register, deputy register, juvenile register, family court specialist, and a court administrator/juvenile court referee. I have very hardworking staff members who have multiple responsibilities and wear several hats.
What kinds of things does your staff handle?
My probate register handles the estates and mental health hearings. My deputy register handles guardianships, name changes, and adoptions; she also is a reporter. My juvenile register is also a reporter, and she schedules juvenile hearings and prepares orders. She also handles financial reporting matters, including issues with the Child Care Fund. My family court specialist schedules and works all of the family court cases, and she also assists the juvenile register with delinquency matters—and she mans the front window.
I have a court administrator who also is a juvenile court referee. Additionally, he handles budget issues and supervises the juvenile probation staff. We have two juvenile probation agents who work very closely with families and children to respond to their needs, ensure accountability, drug test, do home visits, and screen juveniles for possible detention time and other services. We also have a friend of the court staff, consisting of a director, who also manages cases and two other case managers.
As Chief Judge, (of both the Mason and Oceana County Courts), I oversee judicial operations, court security, and relations with the county administrators and board of commissioners. That, of course, does not include the work I do on all of my cases.
What types of pretrial conferences do you hold and what happens at them?
I hold pretrial conferences on most cases. We determine what issues are contested and which are agreed to. I also try to find out what motions need to be heard. I set witness/exhibit disclosure dates, and I order appropriate cases to mediation. My staff then sets settlement conference and trial dates. I also take the opportunity to discuss settlement when appropriate.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
When it comes to persuasion, it is simple. Cite the applicable law and explain to the court how the facts, as applied to the law, lead to a result in your client’s favor. Read the statutes, court rules, and caselaw that you cite. Credibility is key. Acknowledge shortcomings in your case.
What procedural issues/disputes should be worked out between the parties before involving you?
For me, my biggest complaint is that attorneys do not spend enough time talking to their clients and talking to opposing counsel outside of court. Many times, I have been able to resolve matters once we have everyone present in the same room. Attorneys sometimes forget that time on the record is a finite resource. There are only so many hours available each week. When cases are properly prepared ahead of time, this frees up more time for the court to deal with the most serious matters. When this doesn’t happen, you end up with delays and court docket congestion.
Any other common mistakes lawyers make in your courtroom?
The hearsay rule is very misunderstood.
What is an example of a time a lawyer impressed you?
I have seen many examples of good lawyering here in Mason County. Without mentioning a specific situation, I am impressed by attorneys who know when it is appropriate to fight tooth and nail and when to concede an issue when the answer is obvious. Again, that goes to the issue of credibility, which is a common trait of the most effective litigators.
What is something interesting you do off the bench?
Off the bench, I am the head middle school tennis coach here in Ludington. This is my 16th year of coaching this co-ed group of athletes. It is great stress relief, and a good complement to the work I do with kids in court. I also play French horn in the West Shore Wind Symphony, and I am a member of the University of Michigan Alumni Band.