COMMISSIONER PATRICK K. CASEY
THIRD DISTRICT COURT

1. What Judicial Districts do you cover?

Third.

2. Do you have an office in each District?

Matheson Courthouse, W309.

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?

Daleen Garner 238-7126

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

Susan Purdy, 238-7101.

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

Yes. Monday, Wednesday and some Friday mornings.  Tuesday afternoon.

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

Yes. Thursdays.

8. How do you conduct the call on a calendar?  Do you take resolved cases first?  What if a client is late? What if the attorney is late?

I call through the calendar once to identify matters that can be summarily handled. Once those are handled, I return to the unresolved cases.  Counsel who are negotiating can request their matter be passed.

If a client or attorney is late I usually work around it.  I will request that counsel contact opposing counsel or the party as appropriate.

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

No.

2. Do you use mediation?

Yes.

3. Do you use Special Masters?

Occasionally.

4. Do you conduct evidentiary hearings?

No.

5. Do you handle matters through proffer?

Yes.

6. Does your clerk send out the notice for a pre-trial?

Yes.

7. What do you require the parties to bring to a pre-trial?

Completed financial declaration and settlement proposal, including prepared parenting plan, current and historical income verification. Any pertinent documents (such as pre-nuptial agreements, employment contracts, etc.)

8. How do you view your role in pre-trials?  Do you guide settlement of the issues?

To suggest possible resolutions.

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

Yes. Click here for a copy.

10. What financial verification do you require?

At least a pay stub or W-2.

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

Only when prearranged for an interview.

12. How do you handle allegations of abuse?

I appoint a Guardian ad litem routinely.

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

Up to 5 matters in an hour.

14. How long for a pre-trial?

15 minute intervals.

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

Argued matters usually exceed 15 minutes, but not all matters are argued.  In a rare and truly unusual case, counsel may jointly request a special setting.

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

No.

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

Appropriate casual attire is okay. Dirty, holey, overly revealing clothing is not. Shorts, tank tops, and halter-tops are inappropriate.

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

Yes. The Court makes the appointment in court or by minute entry upon becoming aware of abuse allegations.  Parties are given a form and instructed to file it with the GAL's office.

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

Juvenile court has exclusive jurisdiction.

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

I generally certify issues of contempt to the judge. Contempt in the Commissioner's presence is sanctioned directly by the Commissioner.

21. What if the action is a violation of a recent order by the judge?

It will be handled in the same manner.

22. Does the matter have to come before the Commissioner for certification before it can be taken to the judge?

Yes.

23. Do you hear Motions for Summary Judgment?

Yes.

24. 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?

Very rarely do I consciously allow a matter to sit under advisement for more than a week or two. There may be matters that, for some reason have not been ruled on for longer than that.  Often it is because a party has not supplied some additional information that was requested at hearing.

A reminder call is sufficient.

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

1. Failure to establish an address of record for the parties.
2. Failure to assure that out-of-state returns of service comply with Rule 4 (which is somewhat unique).
3. Failure by counsel to communicate and attempt to resolve issues, even simple ones, prior to filing a motion, failure by some counsel to return other counsel's telephone calls.
4. Sitting in the courtroom without speaking to opposing counsel and identifying witnesses, documents, etc., about which opposing counsel may be unaware.

26. What should practitioners do to improve their representation?

1. Get parties into mediation/negotiation early in the process.  Also make sure the parties attend the Divorce Education Class early on. Exchange income verifications and other significant financial documents at the outset. We expect counsel to comply with Rule 26.
2. Educate your clients. Don't be pressured into engaging in "tactics".
3. Make sure all relevant documents and affidavits are exchanged and courtesy copies are supplied PRIOR TO HEARING. If you only were able to obtain a document on the day of the hearing, discuss that fact and show it to opposing counsel before commencing argument.

27. Do you sanction attorneys for abuse of process?

Very rarely, but when appropriate.

28. Do you sanction attorneys for inappropriate courtroom behavior?

Never have been required to. A sharp word is usually enough.

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

Advise client and, if necessary, ORS of the recalculation. A court order is not required. However, I have often thought a notice filed by one party and served on the other and on ORS might be a good way to document the changes.

30. 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)?

Depends on the reason the guidelines don't or shouldn't apply. Generally any specific unusual expenses should be specifically documented.  General expenses can be considered (e.g. housing) but the Court needs a detailed calculation with the rationale.

31. What problems do you see in pleadings? In Orders?

Party's address not included on complaint or answer (where it is not a specifically protected address, this is required by Rule 10).

Do not take liberties in preparing orders. Be sure you know what the Court ordered and adhere to it.

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

Besides the things addressed above, what bothers me most is counsel being inconsiderate of other counsel and parties.  I am perfectly happy to listen to a lengthy argument, SO LONG AS it does not require other parties to wait for an unreasonable time to have their matters heard.  If you know your case is going to take a long time to argue, discuss that with opposing counsel and step aside so that briefer matters can be addressed first.  If there are several lengthy matters to be argued, counsel that is willing to be limited in time should be allowed to argue first. If at all possible, that should be worked out in advance of the calendar call.

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

Those are generally difficult to spot unless specifically brought to the Court's attention. Overall, I believe (and assume) that counsel is conducting himself or herself ethically.

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

Yes.