Hon. Patrick J. McGraw has been a probate judge since 1999 and was previously a trial attorney for 19 years. Judge McGraw is currently a member of the American Bar Association, the Probate and Estate Planning Section of the State Bar of Michigan, the Saginaw County Bar Association, the Michigan Probate Judges Association (MPJA), and the National Council of Juvenile and Family Court Judges.
He is also a member of many community groups and has won several awards, such as Local Legislator of the Year by the Police Officers Association of Michigan in 1994 and the distinguished service award from the Michigan Defense Trial Counsel in 1999, and he was named an Everyday Hero by the Saginaw County Community Mental Health Authority in 2006.
Judge McGraw has presented at conferences for the MPJA, the Michigan Guardianship Association, and many others. He contributed to and helped develop the Saginaw County First Responder's Guide for Behavioral Interventions, which is used throughout the state as a model for first responders. In 2021, Judge McGraw also assisted in the production of a video for training judges, staff, and all community partners in handling a case under Chapter 4 of the Michigan Mental Health Code.
Q&A
Where can lawyers find your courtroom protocols, and what is something that lawyers often miss about them?
We do not publish protocols. My hope as a former trial lawyer of 19 years, and now a sitting judge for 26 years, is that lawyers actually go back to courtrooms to practice and be done with Zoom. The best way to learn "protocol" is actual experience. Sitting in court, observing other lawyers and judges, is an invaluable mentoring tool.
For lawyers who have never been in your courtroom, what is your check-in process?
When a litigant enters our courtroom, they are met by my bailiff, who inquires as to the reason they are present, makes sure they have all necessary paperwork completed, inquires as to who may be with them, and directs them where to sit. The bailiff hands me their documents at the beginning of the hearing, usually after staff has gone through them.
Is there anything unique about your motion call process that lawyers should know?
We do not do "cattle call." Every case is assigned a specific time, and attorneys are responsible for ensuring they have enough time on the docket.
What are your preferences for how lawyers handle proposed and stipulated orders?
My preference is for lawyers to call and indicate well before any hearing that they have a proposed stipulated order. It must be sent to staff prior to the hearing for my review. If I grant the order, the hearing will be adjourned.
Are there particular members of your staff that lawyers should contact about certain things?
My probate register and my judicial assistant.
What types of pretrial conferences do you hold, and what information and forms do you require at them?
I hold pretrial conferences on all contested matters. I do not require any forms but expect the lawyers to be prepared for future dates and be well aware of the facts of their case.
What are your expectations of and approach to ADR?
I am a strong believer in ADR. I encourage parties and lawyers to take a great interest in resolving their matters with ADR. I do not delay in making final decisions, and the lawyers who practice regularly in front of me know that and realize how important ADR is to them and their clients. Typically, ADR works well in resolving my cases.
What do you think makes a written motion or brief compelling or persuasive?
A good brief is succinct, factual, organized, and includes a specific ad damnum clause with relief requested. Multiple case citations on the same issue are not appreciated. The case on point should be highlighted!
What are some common mistake lawyers make during oral argument?
A lawyer who reads the brief during oral argument makes a big mistake. I want to hear additional arguments or support not contained in the brief. I read and research all matters presented, so I am well prepared to give my opinion and enter an order on the day of the hearing.
Is there anything in particular lawyers should know about how you conduct trials?
Trials are conducted efficiently, and counsel will be instructed at the last pretrial as to voir dire and how the trial will be conducted.
What do you think is the most commonly misinterpreted court rule or rule of evidence?
Primarily, I have issues with hearsay and admissibility of records without foundation.
What is the best advice you received from a mentor?
Attend court hearings to learn from other lawyers and to observe any judge you may appear in front of well before your first hearing with that judge.
Are there particular practice resources you think lawyers should consult?
ICLE is fantastic.
What is something interesting you do off the bench?
I try to remain very active and involved in my community. My passions are golf, hunting, and fishing, along with daily workouts.
Is there anything else you would like Michigan lawyers to know?
Married for 48 years, four children all married, and eight grandchildren that make me extremely happy!