Judge J. Dennis Frederick

FJC: Judge, how do you handle the new scheduling conference and case management order procedure?

Judge Frederick: I follow Rule 4-103, Code of Judicial Administration, which provides the time frames for completion of discovery and certification. If the proposed management order time frames exceed those of the Rule, unless there is compelling reason to extend the times, I reject them.

FJC: The practice has essentially turned into this on the new case management orders the attorneys prepare them, there is no court conference, either telephone or in person, except with a few judges. But in general that is the procedure, no court intervention is necessary until presumably there is either a scheduling conference or some kind of motion that requires attention. Is that how you do it?

Judge Frederick: I don’t want to interfere with the lawyers’ handling of their lawsuits until they ask me to or by court procedure I must.

FJC: That is essentially the way it turned out. There was a proposal, as you remember, to make a scheduling conference mandatory.

Judge Frederick: By virtue of our caseload it is essentially impossible to meet with the lawyers on every case that is filed.

FJC: Well, it has turned out that way 98% are not having scheduling conferences unless asked for and if there is a good reason for it.

FJC: Let’s talk about your motions practice, do you want to get courtesy copies?

Judge Frederick: I appreciate courtesy copies of dispositive memoranda. There are times when the originals have not been physically placed in the file. For non-dispositive motions courtesy copies are not to be filed.

FJC: Now, the rule says that you get a hearing if it is dispositive, if it is non-dispositive, when do you get a hearing in your court?

Judge Frederick: Oral argument on non-dispositive motions will be scheduled when the issues involved are particularly complex.

FJC: So just because they ask for a hearing does not mean they will get in a non-dispositive motion?

Judge Frederick: Correct.

FJC: How do you go about scheduling a hearing in your court? Does the clerk do that, do the lawyers need to make the contact?

Judge Frederick: I advise the clerk to schedule the matter for hearing. Civil law and motion matters are heard on Monday mornings at 9:00 a.m.

FJC: What is your policy on overlength memoranda? There are in the local rules and the CJA limits on the length of memoranda. Are you strict or loose on that?

Judge Frederick: I am sensitive about over-length memoranda because I read what is filed. Unless there is persuasive reason to exceed the limitations provided in the Code of Judicial Administration, I decline the request.

FJC: What is a useful memorandum contrary wise, what is a memorandum that is less useful to you as the one making the decision?

Judge Frederick: The most effective memoranda are those that are brief and to the point. Limiting one’s arguments to the strongest few issues and concisely stating them works best.

FJC: And keep in mind that the State court judges, at least in this district, don’t have two full time law clerks.

Judge Frederick: Some of us don’t even have one. I have clerk capacity available to me but not on a full time basis.

FJC: Oral argument on motions: what is productive and what is not productive?

Judge Frederick: Getting to the point is productive. Simply repeating what is in the memoranda is unnecessary duplication. Sticking to allotted time frames is essential.

FJC: Mediation, what is the procedure here. Do you require people to go into mediation?

Judge Frederick: I favor alternative dispute resolution, but I don’t require it. So long as the mediation/conciliation efforts don’t interfere with the court deadlines, I support them.

FJC: Your final pretrial conference, as I recall, is a pretty straightforward matter.

Judge Frederick: My final pretrial conference is a settlement conference. The lawyers who are going to try the case along with their clients must be present. If the clients live out of state, they are to be available by phone. Lawyers are to have authority when they arrive.

FJC: So you actually want to talk to them about settlement, have your clients here, lean on them a little bit and see if you can get it done?

Judge Frederick: I try to avoid discussion of actual settlement amounts. I want to facilitate settlement discussions if possible. This conference is scheduled after discovery is complete so all attending should know the strengths and weaknesses of both sides of the dispute.

FJC: What else do you handle at the pretrial conference?

Judge Frederick: Usually all that is discussed is why the case is not settling and the unpredictable consequences of trial.

FJC: Motions in limine, when should they be filed?

Judge Frederick: Legitimate motions in limine should be filed a few days before trial so I can review them. If they are pressing, they are to be heard before the jury is called at 10:00 a.m.

FJC: Jury selection, you do your own voir dire?

Judge Frederick: Counsel and I do jury selection. Voir dire examination by counsel is done through the bench to give opposing counsel an opportunity to object.

FJC: Questionnaires, do you ever use those?

Judge Frederick: I have used them in cases where they are helpful such as capital homicide cases.

FJC: Tell me about your trial procedure; that is, your typical trial day in a civil case.

Judge Frederick: The first day of the trial the jury is called for 10:00 a.m. Thereafter, we will begin at 9:00 a.m. We take recess from noon to 1:30 p.m. and we end at 5:00 p.m. The biggest problem that I run into is that lawyers anticipate that the trial will move at a much slower pace that it does and consequently run out of witnesses. The jury does not appreciate running out of witness midday. Have witness lined up waiting to be heard. Better their time is wasted than that of the jury and the court.

FJC: Other points relevant to you jury trials, anything else that comes to mind?

Judge Frederick: Many lawyers tend to underestimate the understanding/intellect of the jury. The collective wisdom of the jury rarely arrives at a wrong result. Some lawyers tend to speak down to jurors which the jurors can sense. Jurors are citizens who are compelled to be present to resolve a dispute. If they sense that they are being patronized or that one of the parties is being unreasonable and wasting their time, they and their lawyers will suffer. All reasonable efforts should be exerted to settle.

FJC: Differences in a bench trial from a jury trial?

Judge Frederick: I prefer jury trials. Jurors are interesting to observe. Bench trials are quicker. Basically, the same procedures are followed with the exception that at times the rules of evidence are not as strictly enforced.

FJC: What do you think makes an effective advocate in jury arguments?

Judge Frederick: As we discussed earlier, don’t patronize jurors and get to the point. The last thing you want if for the jury to decide that you are either wasting their time or are being unreasonable.

FJC: Have you seen any computer assisted presentations in your court? Have they been effective? Have they been ineffective?

Judge Frederick: It depends on the type and how familiar with the operation the user is. Lawyers who fumble around with a lot of gadgets and gizmos bore jurors and judges. If the operation is realistic and efficiently presented the technology can be effective.

FJC: Special issues for domestic cases, are there any? Some judges have mentioned it.

Judge Frederick: Redouble your efforts to get the cases resolved. It is a service to no one to force a domestic case to trial. If there are children involved the parties have to deal with each other the rest of their lives.

FJC: I want to talk to you for a minute about courtroom protocol. Is civility ever a problem here?

Judge Frederick: Not really. I don’t have a problem controlling the courtroom. When lawyers come here they treat each other with respect and courtesy. If they don’t I will scold them.

FJC: Have any issues come up in your court recently with ex parte contacts? I understand from some of the other judges that is a constant issue as you might expect with pro se plaintiff but, with lawyers, do you see much of that anymore?

Judge Frederick: I don’t see it. An inexperienced lawyer might make the mistake once but it is not a problem.

FJC: Other miscellaneous issues, some judges wanted to mention we had kids in court, cell phones, promptness, anything like that occur to you?

Judge Frederick: It is the judge’s responsibility to maintain order in the courtroom. Simply admonishing misbehavior will generally suffice.

FJC: Your clerks’ names are?

Judge Frederick: Cindy and Rhonda.

FJC: Is there anything else that you would like to express to the Bar as a whole?

Judge Frederick: I don’t think so Frank. Thank you.