Family Law Section

Commissioner MICHAEL S. EVANS

1. What Judicial Districts do you cover?

Third.

2. Do you have an office in each District?

Matheson Courthouse W318.

3. What days are you available in each District?

Monday through Friday.

4. What is the name of your scheduling clerk? How can s/he be reached?

Sheryl Leatherwood, 238-7121.

5. What is the name of your in-court clerk? How can s/he be reached?

Carolyn Weber 238-7133.

6. Do you have a set calendar for law and motion?

Yes- virtually every Monday, Tuesday, Thursday and Friday morning.

7. Do you have a set calendar for protective orders?

Yes, Wednesdays.

8. How do you conduct the call on a calendar? Do you take resolved cases first?

1. Call all cases calendared
2. Receive stipulations first
3. Return to contested matters in order as they appear on calendar

9. What if a client is late?

Wait a reasonable time if the court is advised he/she is coming, and then default.

10. What if the attorney is late?

Require the opposing side to call the office of the attorney and advise me of the response. Wait a reasonable time- If no appearance, continue and reserve the issue of attorney's fees if it is the first time. If the second time, default.

11. Do you have case managers? What do they do? What is the process when a case manager is involved?

No.

12. Do you use mediation?

Yes. Regularly require mediation.

13. Do you use Special Masters?

Yes.

14. Do you conduct evidentiary hearings?

No, although the definition of "evidentiary" appears to differ.

15. Do you handle matters through proffer?

Yes.

16. Does your clerk send out the notice for a pretrial?

Yes.

17. What do you require the parties to bring to a pretrial?

Prior to the pre-trial the parties should exchange and provide the court copies of the most recent tax return and pay stub, settlement proposal and completed financial declaration. All relevant exhibits should be provided.

18. How do you view your role in pre-trials?

Primarily to settle as many issues as possible and to identify specific issues/disputes which must be tried.

19. Do you guide settlement of the issues?

Yes.

20. Do you have a particular form that you use for financial declarations?

Yes. Click here for a copy.

21. What financial verification do you require?

Tax return, pay stub.

22. When is it appropriate to bring a child to court?

Never, unless I request an interview.
Never at the time of the hearing.

23. How do you handle allegations of abuse?

If child abuse is alleged and not previously reported to Child Protective Services, I will direct the party alleging the abuse to immediately report. I appoint a GAL when appropriate.

24. How long do you schedule for a law and motion matter?

5 matters per one hour calendar.

25. How long for a pre-trial?

15 minutes.

26. What if we anticipate that the matter will exceed that time?

Request a telephone conference to arrange a special setting or an alternative hearing time.

27. Is a minute entry signed by the Commissioner a final order?

No.

28. What expectation do you have regarding the dress of the parties?

Not "Sunday best" but appropriate- no shorts, hats, tank tops.

29. Can you appoint a guardian-ad-litem? What is the process?

Yes. At the hearing, I appoint the Office of GAL or private GAL. Parties are directed to complete the form and deliver to the GAL's Office on the day of the appointment.

30. What if there is a concurrent action in juvenile court?

Certification to juvenile court is mandatory if it is exercising jurisdiction. Otherwise, I may attempt communication with the juvenile court judge as appropriate.

31. What authority do you exercise with regard to contempt?

Find and sanction contempt committed in my presence. Certify for evidentiary hearing by assigned judge contempt for non-compliance with court orders.

32. What if the action is a violation of a recent order by the judge? Does the matter have to come before the Commissioner for certification before it can be taken to the judge?

Doesn't make a difference.

33. Do you hear Motions for Summary Judgment?

Yes.

34. What if the matter is taken under advisement and quite a bit of time has elapsed? Do we need to file a document, or is a call to the clerk sufficient?

I have no exceeded the 60-day aspirational limit. If there is a concern, a call to the clerk is sufficient.

35. What complaints or concerns do you see with the practitioners who appear before you?

Some practitioners refuse to negotiate, prefer to litigate at the financial/emotional expense of the parties. A few are not civil.

36. What should practitioners do to improve their representation?

Treat colleagues, parties and court as they wish to be treated.

37. Do you sanction attorneys for abuse of process?

Twice in 12 years.

38. Do you sanction attorneys for inappropriate courtroom behavior?

Haven't had to yet, but will if necessary.

39. What should attorneys do when a child emancipates and the child support is automatically adjusted?

Nothing should be required if the Order was properly drafted- if there is a real question, a Motion to Clarify may be appropriate.

1. What types of evidence do you expect to see in cases in which a non-guidelines support amount is requested (i.e. the incomes exceed the guideline table, the parties have more than 6 children, there is a disabled child for whom one party is requesting support beyond the age of graduation)?

Actual, historical expenditures summarized and supported with appropriate evidence.

2. What problems do you see in pleadings?

Attachments/exhibits not attached. Failure to make specific prayer for relief.

3. In Orders?

Not timely prepared/submitted.

4. Do you have any special concerns (pet peeves)?

Failure to report allegations of child abuse to CPS or police before including the allegation in pleadings or argument. Submitting own Order without and Objection to the Form of Order prepared by opposing counsel. If the other counsel was directed to prepare the Order, file specific objections to the form and wait for the ruling.

5. Do you have any concerns about ethical issues you see?

Lack of candor toward the tribunal. Inaccurate proffers of testimony.

6. Do you require an Order to Show Cause for contempt?

No.