Hon. K. Edward Black is the Chief Judge of the 26th Circuit Court (Alpena County).
Where can lawyers find your courtroom protocols, and what is something that lawyers often miss about them?
We do not have a list of courtroom protocols. However, judge’s copies of motions and briefs are appreciated. These should be filed with the office of the 26th Circuit Court in Alpena and not with the county clerk. Further, if judge’s copies are filed the day before the hearing, please alert my staff to ensure I have an opportunity to review them.
For lawyers who have never been in your courtroom, what is your check-in process?
There is no check-in process. However, sitting in front of the bar is helpful to getting your case called more quickly. If you are appearing via Zoom, please put the case number next to your name.
Is there anything unique about your motion call process that lawyers should know?
I try to take the cases with attorneys before in pro per cases and the less complex cases before those with extensive motions. Please be patient as we work through the docket if you are appearing on a motion for summary disposition or other complex issues.
What are your preferences for how lawyers handle proposed and stipulated orders?
I do not have a preference.
Are there particular members of your staff that lawyers should contact about certain things?
My staff will direct you to the appropriate person for whatever question you may have.
What types of pretrial conferences do you hold, and what information and forms do you require at them?
There are no forms required for pretrial conferences. Please let me know how the case is proceeding, when some manner of mediation will occur, and how many days trial you are anticipating if the matter is not resolved.
What should lawyers know about your expectations and approach to ADR?
I do not dictate what manner of ADR, but it is required unless a specific, justifiable reason can be stated.
What do you think makes a written motion or brief compelling or persuasive?
Correctly quoting or paraphrasing legal precedent is paramount. Failure to do so shows a lack of candor and an attempt to mislead. Both have an impact on the reputation of the author.
What are some common mistakes lawyers make during oral argument?
Speaking over each other does not aid a decision. Please, show each other respect, and give each other the opportunity to argue without interruption.
Is there anything lawyers should know about how you conduct trials?
We defer to the jury when deciding when to start and end each day. This is done to help minimize the impact on their ordinary lives. As a result, trials may start as early as 7:30 a.m. and run well into the evening.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
Hearsay.
What is the best advice you received from a mentor?
1) It is OK to take the time to collect your thoughts, and 2) rule from the bench whenever possible.
Are there particular practice resources you think lawyers should consult?
I appreciate the old Gillespie manuals.
What is something interesting you do off the bench?
I enjoy being outside or active in some way.
Is there anything else you would like Michigan lawyers to know?
We want you to feel welcome, and we try to be accommodating while also getting the job done as expeditiously as possible.