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Q & A with Judge Kirsten Holz, 63rd District Court (Kent County)

By Nicole S. McNair posted 8 days ago

  

Judge Kirsten Holz earned bachelors of arts degrees in government and in Spanish language from Cornell University. In 2007, she earned her juris doctorate degree from the Washington College of Law at American University. She was appointed to the bench by Governor Gretchen Whitmer in 2024.

For attorneys who have never been to your court, what is your check-in process? 

After clearing security, attorneys will head to the clerk’s windows, which are situated to the left of the main entry. Once you check in with the clerks, you can head upstairs to whichever courtroom you’re directed. We have three primary courtrooms here at the 63rd District Court, all upstairs, and one magistrate’s courtroom downstairs.

When is your motion call? Are there a maximum number of motions heard during motion call?

We do not have a traditional motion call. Motions are scheduled on an as-needed basis.

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? 

Yes, please! Orders should accompany all motions. There are not computers for drafting here in the 63rd District Court, so they should be submitted with the filed motions or prior to argument.

How should stipulated orders be submitted? 

Via email to my clerk with signatures of both parties. 

Who makes up your judicial staff and what roles do they play?

I have one senior administrative specialist who also serves as my court recorder. They schedule hearings, help organize files (we are not yet paperless), prepare bench notes, and basically keep everything orderly and efficient.

What types of pretrial conferences do you hold and what happens at them? 

In criminal matters, pretrial conferences are held in an office just outside of the courtroom between counsel (or an unrepresented defendant) and the prosecutor. They are an opportunity for both sides to discuss issues and try to resolve the case. Parties only come into the actual courtroom if they want to enter a plea or need to place something onto the record. Pretrial conferences in civil matters are scheduled as necessary and are heard in court.

What types of matters/motions are held via Zoom and which are held in person?

Landlord-tenant cases, small claims, and general civil cases are all typically held via Zoom, but the parties are always welcome to come into court. Criminal matters are typically held in person, but I very frequently grant requests for Zoom hearings on a case-by-case basis.

What are some components of an arguments (either in a brief or oral argument) that you find compelling or persuasive? 

While not persuasive, including cited caselaw as attachments or appendices to your motions is greatly appreciated.

Particularly in criminal sentencing, I want to hear about your client—are they working? Why not? What obstacles exist in their lives that I can try to address?

With all defendants, but especially younger people, knowing how they spend their free time is also very compelling.

I also always prefer to hear from the defendants themselves—which obviously requires a bit of preparation on the attorney’s part beforehand.

What procedural issues/disputes should be worked out between the parties before involving you? 

As much as is reasonably possible to resolve. I am always happy to entertain arguments, but I do expect that both sides have, at a minimum, picked up the phone to call each other to attempt a resolution. I’ve found that emailing back and forth isn’t going to get the issue resolved—the parties need to speak to each other.

What are some common mistakes lawyers make in your courtroom, either while appearing in person or remotely? 

Speaking objections! Please, state your objection concisely and without a narrative background, especially in front of juries. Also, arguing to the opposing party as opposed to the judge is a common mistake that attorneys make, especially when it’s something they feel strongly about.

What do you think is the most commonly misinterpreted court rule or rule of evidence?  

Hearsay is really a minefield for many attorneys. I also find that many attorneys struggle to efficiently and effectively impeach. When I first started practicing in Florida, I brought a thin manila folder that had step-by-step instructions on how to impeach by prior inconsistent statement, impeach by omission, how to introduce evidence, and other more technical procedures up to the lectern with me for every trial or contested hearing. After a year or two, it became a security blanket, and I knew that if I ever became flustered during cross or lost my train of thought, I could simply refer to my cheat sheet. I also had a few common responses to objections with a caselaw cite that I could throw out if needed.

What is an example of a time a lawyer impressed you?

I have not been on the bench very long, but I do find myself impressed by attorneys multiple times a week for a variety of reasons. Being exceptionally well-prepared and kind to your clients will always impress me. Novel legal arguments and any argument accompanied by caselaw impress me. I also appreciate heartfelt advocacy that aligns directly to legal factors I must consider.

What is something interesting you do off the bench?

I am a former Division I collegiate swimmer, and I enjoy open water swimming. This year, I’m trying to psych myself up to swim around Mackinac Island. I am also a huge dog lover and have two moderately well-trained German Shepherds.

Is there anything else you would like Michigan lawyers to know?

I look forward to seeing you at the 63rd District Court! My door (or my email!) is always open.

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