Judge Sheila K. McCleve

1. Scheduling Conferences

Q: Are scheduling conferences needed or used in your court? If so, are they conducted in person or by telephone?

A: I like them, and will conduct them either way at attorney’s convenience.

Q: What are your preferences regarding Case Management Orders/Scheduling Orders? Do you require that specific things be included in such orders?

A: I like to have as much pinned down as possible.

2. Motions Practice

Q: Do you appreciate courtesy copies of briefs being delivered to your chambers prior to hearing on a motion? If so, how early do you want them?

A: I do if I get them earlier by several days than the file with the original already there. If it’s at the same time it’s a waste.

Q: Do you schedule hearings on motions automatically upon receiving notices to submit, or do you prefer or require that counsel call to schedule hearings?

A: Automatically, but if counsel haven’t heard from the Court they may feel free to call to find out why.

Q: Under what circumstances do you decline to grant a request for oral argument?

A: Not many.

Q: What is your policy on allowing overlength memoranda?

A: I like them to follow the Rule.

Q: What separates a useful brief from one that is unhelpful?

A: A concise argument with support factually and legally annotated so I can check the support and basis.

Q: Do you prefer that counsel provide copies of the relevant cases prior to a hearing?

A: Yes.

Q: What makes an effective motions argument?

A: A short outline or road map argument with supporting points for each assertion clearly applied to the facts.

Q: Is there anything about the way you handle requests for temporary restraining orders and preliminary injunctions that you think the bar should be aware of?

A: Just that because they are disfavored, in my view, the basis for the request should be rock solid.

3. Final Pretrial Conference

Q: In your view, what is the purpose of a final pretrial conference?

A: Last chance for settlement and/or streamlining the trial.

Q: What topics or issues should counsel come prepared to discuss?

A: Anything that will aid in settlement and/or anything that will narrow the trial and move it along.

Q: What steps do you take, if any, at a final pretrial conference to encourage settlement of the case?

A: Whatever is helpful and appropriate.

Q: Do you require clients to be present at final pretrial conferences?

A: So long as the attorney has phone contact and/or authority to settle, I usually do not require clients to be present. Sometimes if clients are present, there is a better chance of settlement and if that’s helpful to the case, I may require them to be present.

4. Jury Trial Practice

Jury Selection:

Q:. How is voir dire conducted in your courtroom?

A: I do it.

Q: Do you allow counsel to participate in voir dire? If so, to what extent?

A: Not much. I prefer counsel to request for me to put a particular question to the jury rather than to speak to the jury directly.

Q: What is your due date for requested voir dire questions?

A: Final pretrial.

Q: Do you allow or encourage the use of jury questionnaires?

A: I have allowed them, but it is not my preference to use them and I do not encourage them.

Requested Instructions:

Q: When do you require requested instructions to be submitted?

A: Final Pretrial.

Q: What form do you prefer requested instructions to take (e.g., do you prefer instructions accompanied by supporting cases, etc.)? Is a citation to MUJI sufficient legal authority?

A: Yes, I like supporting cases. MUJI is not preferred.

Q: Do you have a set of stock jury instructions that you use?

A: Yes.

Q: Do you prefer to receive an electronic copy of requested instructions?

A: No.

Trial Procedures:

Q: What is your preferred trial schedule (e.g., 9 to 5 with an hour for lunch, 8 to 2 with no lunch, etc.)?

A: I prefer to move it along. Start early, short lunches. Into evening sometimes if it saves a day. It depends on the case, accommodating jurors and witnesses. I like to discuss it with counsel beforehand.

Q: What are your preferences with respect to motions in limine and other trial related motions?

A: As long before the actual trial as possible. I do not like to keep jurors waiting with a last minute pretrial motion or with a mid-trial motion that could have been anticipated earlier. If we can run motions in advance of trial as much as possible, the trial runs more smoothly and is easier for the jury to follow and to endure.

Q: What are your preferences and/or procedures related to witness scheduling?

A: Rational order of presentation but accommodating to witnesses.

Q: What are your preferences with respect to trial exhibits?

A: Pre-marked.

5. Bench Trial Practice

Q: What are the major differences, in your courtroom, between bench trials and jury trials?

A: When it’s not jury, we’re more casual or relaxed and I’m able to be more accommodating to lawyers. Jury is always first to be accommodated.

Q: Do you appreciate or require proposed findings of fact and conclusions of law from counsel?

A: I do appreciate them.

Q: Do you appreciate or require trial briefs from counsel?

A: I do appreciate.

6. Thoughts on Effective Advocacy

Q: What makes an effective advocate in jury arguments?

A: A story teller.

Q: What are the most common mistakes made in argument?

A: Too long, too rambling, too detailed with no purpose. Failing to marshal the evidence presented into support of the conclusion in a clear, concise way.

Q: What are some techniques that do, or do not, work effectively in the examination of witnesses?

A: If every question has a purpose that builds the case, there are fewer questions asked but with more impact for the case. That works. Professionalism, courtesy, civility in approach also works. Arguing, condescending, not listening doesn’t work.

Q: Do you find the use of computer-assisted presentations (e.g., PowerPoint) effective and/or useful?

A: Useful at times, but less effective than believed, I think.

7. Criminal Matters

Q: How do you handle requests for continuance on pretrials, arraignments or roll calls?

A: I am conflicted between our district’s overgenerous continuance policy and my own preference to move the case. When it’s up to me I am reluctant to continue. When it’s at a stage that is still a general calendar, I follow our district approach.

Q: When may the issue of bail best be addressed in your courtroom?

A: When properly noticed and not already addressed.

Q: What information do you want from counsel at the time of sentencing?

A: I’ll hear anything that might be useful or serve to help those involved and/or the community. I consider only what is appropriate and useful.

Q: Are private pre-sentence evaluations useful or encouraged?

A: Not encouraged. Not as useful as I would like.

Q: Do you have any standard sentences the bar should be advised about, i.e., DUI sentencings, acceptance of alcohol-related reckless?

A: No. I’m sure there’s a pattern and I imagine I’m somewhat predictable. But other than following the statutes and trying to be sensitive to recommendations and stipulations, I wouldn’t outline standard sentences.

Q: How should counsel on busy law and motion calendar handle calling a case?

A: I allow counsel to address the Court and request that I call the case. This helps move the calendar. I have some reservations about this approach being too informal.

8. Special Issues for Domestic Cases

Q: What do you want to have on temporary order issues?

A: The more helpful information the better.

Q: Do you have a policy on child interviews with respect to custody?

A: I believe that bringing a child to court is a traumatic or at least very impactful event. I prefer to get information in other ways before I want to conduct interviews. That being said, it’s sometimes helpful to talk to a child and convey that what’s occurring is not his or her fault.

9. Discovery Practices

Q: What is your approach to resolving discovery disputes?

A: I do it face to face with the attorneys arguing their positions to me if they can’t resolve it themselves.

Q: What are your thoughts on imposing sanctions for discovery abuses?

A: It’s a good idea.

Q: Are you generally available to solve problems that arise during a deposition?

A: Because of my calendar that requires so much in-court time, generally not.

10. Thoughts on Courtroom Protocol

Q: Is lack of civility ever a problem in your courtroom? If so, do you take steps to improve civility in your courtroom?

A: I don’t believe so. I have posted some information at the attorney tables on it to read. And, I try to be in control of the courtroom, but also allow some informality by lawyers when juries are not present. Hopefully, if they are friendly and civil at informal times, they’ll have developed an approach that continues at more formal or high-conflict times.

Q: Do you impose any limitations on courtroom movement (approaching witnesses, podium, etc.)?

A: I like attorneys to be formal in their approach by requesting the Court for leave. I think it shows respect for the judicial system and the rule of law. When attorneys, by their example, show such respect other people of the community who attend court and observe the example learn to appreciate and respect the significance of our form of government.

11. Other Miscellaneous Issues

Q: What are your opinions regarding courtroom dress?

A: The more formal and businesslike the better (for the same reasons as in #10).

Q: Do you allow children in your courtroom?

A: Yes, unless they disturb it. And even though I don’t prefer it.

Q: Do you allow cell phones in your courtroom?

A: Yes, if they’re turned off.

Q: What, if anything, do you do to enforce promptness in your courtroom?

A: I let people know that I do like them there early, or on time, and that I’ll try to help them as quickly as I can if they’re there timely. Conversely, I let people know that I don’t like them delaying court proceedings and inconveniencing everyone who is there timely. I explain to them that they may have to wait to be heard and/or be sanctioned if they exhibit sufficient contempt for the Court in that way. I have also imposed sanctions Again, as expressed earlier, the reason this is important is because of the respect or disrespect it engenders for the judicial system and its significance in our society.

12. Clerk’s Comments

Q: The name and phone number of my clerk(s) is:

A: Nicole Luke, 238-7370; Jennifer Byrne, 238-7339

Q: My clerk wants you to please do these things:

A: If you file a motion, either have a stipulation with a proposed order attached at the time of filing or if there is no stipulation, then state that in the motion and file a proposed order with the motion.

Once you’ve called on a criminal case, be patient before you call again. The clerks are working on it. Sometimes the action is dependant on something other than the Court and it may take a little time.