Judge Kathleen A. Feeney was elected to the Michigan Court of Appeals on November 8, 2022, after serving for more than 22 years on the Kent County Circuit Court and most recently as the Court’s Chief Judge Pro Tem. In 2000, Judge Feeney was the first woman appointed or elected to the Kent County Circuit Court.
She graduated with high honors from Michigan State University’s Honors College and was the Outstanding Woman Law Graduate from the University of Illinois College of Law. Judge Feeney worked for Foster, Swift, Collins & Smith, and Mika, Meyers, Beckett & Jones. She received the State Bar of Michigan Outstanding Young Lawyer Award in 1995. After leaving private practice, Judge Feeney joined the Michigan Court of Appeals as a prehearing attorney and became Judge Jane E. Markey’s judicial counsel before being appointed to the Family Division of the Kent County Circuit Court where she served as the Family Division’s Presiding Judge during her tenure.
In 2016, Judge Feeney received the Justice Marilyn J. Kelly Award for Outstanding Judicial Service from the State Bar of Michigan Family Law Section and was recognized as a 2018 Leader in the Law from Michigan Lawyers Weekly. Judge Feeney has served on several community boards including the Wolverine World Wide Family YMCA Board of Directors and the West Michigan Therapy Dogs, Inc. Judge Feeney is a former President of the Michigan Judges Association. She helped create Kent County’s Truancy Court and establish the Kent County Courthouse Therapy Dog Program. She and her husband John are parents to four children and published a Benjamin Franklin Award-winning book entitled Anna’s Friends regarding their oldest child who died of a rare metabolic disease called Leigh syndrome.
Who makes up your judicial staff and what roles do they play?
Carrie Griffis is my judicial assistant (JA) and Carrie Buhmann is my law clerk. Ms. Griffis handles all case call preparations, reviews and circulates proposed opinions, files approved opinions, prepares and circulates proposed orders when we’re presiding judge during motion calls, and essentially keeps me organized as well as updated regarding any opinions we need to resolve from any past case call. Ms. Buhmann reviews all cases assigned to me each month so we can talk about the issues on appeal, how we’ll address them, and any challenges that each case presents. She then researches and writes opinions for my review and edits. I also research and write opinions, especially when they involve family law issues, neglect, delinquency, PPOs, adoption, and related topics (and when time allows). It sounds simple, but we are extremely busy and work hard at staying on top of everything without falling behind. Time is of the essence, and all these parties need a swift resolution to their issues.
What types of arguments are held via Zoom and which are held in person?
Litigants and attorneys can file remote argument requests for any number of reasons; we just granted a request for oral argument when the lawyer tested positive for Covid-19 the day before oral argument. We did, however, require a court reporter to appear in person for multiple show cause hearings after the reporter failed to produce the transcripts in a child protective appeal.
What are some components of an argument (either in a brief or oral argument) that you find compelling or persuasive?
In briefs, please start with your strongest argument, be sure to provide jump cites, and admit any weaknesses in your position. Make it clear when you are arguing in the alternative. And regarding attachments, make them easy to access and feel free to include maps, diagrams, and other visual aids in your briefs if it will help the court to understand the setting and the dispute. During oral arguments, please focus on the salient points you wish to emphasize and understand that we’ve read everything and are well-appraised of the facts and arguments; there is no need to start your presentation at the beginning of time.
What are some common mistakes lawyers make during oral argument?
The “mistaken” attorneys do not believe that we have read the briefs and are well-versed in the arguments. Believe us when we say we’ve read everything! Also listen to our questions; those will reveal the biggest problems we are having with your arguments. And recognize when it’s best to rest on your brief.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
That’s hard to say. At this level, I think that the attorneys and litigants know the rules, but the trickiest thing for many of them is knowing and arguing the appropriate standard of review. It determines so much, and it’s interesting when the parties don’t agree on that standard.
What is an example of a time a lawyer impressed you?
One young attorney engaged in a very compelling Q and A with me regarding some fairly obscure concepts involving child protective proceedings. She provided cogent responses, was obviously a quick thinker, and was able to provide me with perspectives I had not previously considered. It was an illuminating and enjoyable experience for me—I hope it was for counsel, as well.
What is the best advice you got from a mentor?
Always be prepared, don’t get behind, and make sure the cases that your authority relies on actually say what the authority says they say!
Are there particular practice resources you think lawyers should consult?
Bryan Garner’s The Winning Brief.
What is something interesting you do off the bench?
I work with my Bernese Mountain Dog, Tilly, to perform therapy dog work through West Michigan Therapy Dogs, Inc. We visit hospitals, libraries, veteran’s homes, and residential facilities with our canines. I also helped to establish the Courthouse Therapy Dog Program in Kent County so children and vulnerable adults are able to have therapy dogs accompany them when speaking with prosecutors or testifying in court. Having a therapy dog to pet helps to keep them calm, it lowers their blood pressure, and it keeps them out of their amygdala so they can listen carefully and testify accurately. And I competed with our first two “Berners” in AKC Agility trials; both were nationally ranked for our breed. It really is as much fun for the handlers and the dogs as it seems!
Is there anything else you would like Michigan lawyers to know?
Please remember that when you’re creating your record in the trial court, you need to be clear with your words regarding everything that is happening. Identify what the witness is doing with their hands on the witness stand, be specific with distances when the witness says that the defendant was standing “this” far away from them, and do not talk over each other. You can sing together, you can dance together, but you cannot talk together—it creates gaps in the record, and we get tired of reading the word “unintelligible” in the transcripts. Finally, please make sure we receive all the exhibits and evidence presented to the trial court. It slows things down remarkably when we discover exhibits are missing and have to hunt them down. Many thanks!