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In your judicial preferences questionnaire you mentioned that one mistake lawyers make is underestimating the jury's ability to discern the truth. Tell me more about that.
After observing and participating in jury trials for over twenty years now, I've come to the conclusion that our forefathers were very bright men for lots of reasons, not the least of which was their determination that jury trials were the proper way to determine the true facts about contested issues. I have learned that twelve citizens (or six) with their collective wisdom, can sort through some of the most complex fact situations and come up with a just verdict in just about any case, criminal or civil. Some lawyers haven't trusted that premise and have "over-lawyered" the case, which offends many jurors. I recommend just presenting the facts as clearly and concisely as you can.
What is the best part of being a judge?
The most fun being on the bench is doing adoptions; creating instant families! On or off the bench, the best part of being a judge is knowing that I'm taking an active role in the administration of justice; seeing that wrongs are made right, the innocent are freed and the guilty are punished. That may sound a little corny, but I am a firm believer in our American system of jurisprudence, which basically stands for protecting everyone's rights, from the greatest of us to the least of us.
I know your court handles mostly criminal matters; many young attorneys seem to be drawn to civil law because it seems a little more glamorous. Tell us what you see as the benefits/detriments of practicing in the criminal law area.
I guess no one told me civil law was more glamorous; it may have changed my whole outlook on the law! My court has handled mainly criminal matters only since June 2000. Prior to that, I tried many civil cases as well as criminal, family and juvenile. I think the main benefit of practicing in the criminal law area would be the trial experience. Unless you're in a big firm with a litigation section that's fairly busy, I don't think you would be able to get near the trial experience in civil cases as you would if you were handling criminal matters. I regard trial experience as extremely beneficial to young lawyers, whether it's in a criminal or civil case. Putting yourself in front of a jury is invaluable experience. I suppose a detriment of practicing in the criminal law area would be missing out on all that glamour over in the civil world! (Is glamour spelled with dollar signs?)
You have both new and very seasoned lawyers practicing in your court. How are the two groups different other than just experience level? I mean do young attorneys these days just practice law differently than the lawyers who may have been practicing for 15 or 20 years?
I think for the most part, older lawyers are more relaxed, which is both a good thing and a bad thing. A good thing is they know that making a lot of objections whether their case is getting hurt or not is not necessarily favorable to their side, especially in the eyes of the jury. I see a lot of younger lawyers making objections to leading questions at the beginning of their opponent's examination of their witness, before they get into the heart of the matter, and while the objections may be technically correct, it interrupts the jury's ability to follow the testimony, and in my opinion, makes the jury wonder why that young whippersnapper keeps popping up andobjecting so often. Now, keep in mind, if the testimony is about an important issue, and the leading questions are hurting your case, or are about to, by all means, object.
On the down side, the more relaxed the older lawyers are, the more they are apt to forget proper courtroom etiquette, such as standing when the jury is entering or leaving the courtroom, or forgetting to stand when making objections, etc. Also, older lawyers are more prone to make jury arguments during their objections, at least until the other side figures out what their doing!
I think one explanation for the older lawyers appearing more relaxed in their practice is that when they started out as young lawyers, at least this is true in Lubbock, they knew all the other lawyers in town, and a simple phone call to the other side resolved issues, or at least got the ball rolling. Now, with over 600 lawyers in Lubbock, it's impossible to know all of them, and you lose that familiarity that you once had. New lawyers coming into this framework today are at a distinct disadvantage because of this, which is a good reason to belong to organizations such as Young Lawyers.
What trends have you observed in the way law is practiced during your time as a judge?
As I mentioned above, I feel the practice of law today is much more impersonal than it was twenty years ago. It seems that there aren't as many "gentleman lawyers" today; everyone seems to look at the other side (criminal or civil) with a suspicious eye. My bailiff and I love discussing a just-completed trial where there were two very talented lawyers who presented their cases to the jury in the shortest period of time without a single objection between them. Those lawyers get the biggest compliments from the jurors afterwards. Sadly, those trials are few and far between these days.
What skills are young lawyers not being adequately trained on in law school?
Goodness, that's a tough question. I've seen many bright young lawyers coming out of all the law schools in Texas over the years. I guess if I had to pick something, it would be practical training. I think the mock trials and moot court training are excellent tools, but they just don't add up to real, on-the-job experience. I would recommend more practical training courses, with internships, etc.
What is the craziest/funniest thing that has ever happened in your courtroom?
Naturally, there have been many humorous moments, but one of the funniest was when a complete, life-sized replica of a toilet stall was brought into the courtroom as an exhibit in a personal injury case. (The plaintiff had been injured when the handrail had given way in the bathroom of a local retail store.) The exhibit brought many a curious on-looker by the back windows of the courtroom during the two-week trial, along with several comments such as, "that must be the judge's throne!"
Talk about your feelings with regard to lawyers/judges playing a leading role in the community and in charitable organizations?
I think historically lawyers and judges have always played a leading role in the community. Lawyers have been presidents, legislators, etc. from the beginnings of our great nation. I feel citizens have always and continue to expect lawyers to play a leading role in our communities and I firmly believe we should step up to the plate and fulfill those expectations.
In your experience what is the single most important factor in making someone a "great" lawyer?
I think a "great" lawyer is the lawyer who can use his/her intelligence to identify the issues involved, use his/her knowledge of the law to understand and apply the law to their client's fact situation, use his/her logical thinking to map out the best course of action for their client, and then use his/her persuasive abilities to convince others (the other side, a jury, a judge) that what's best for their client is actually the "right" thing to do, and to do all these things in the most gentlemanly or ladylike manner. I love watching these lawyers work their magic.
What words of wisdom from the bench would you like to share with our members?
Goodness! Words of wisdom from someone who's still waiting for the "real judge" to come tell him how to do things (to borrow a phrase from a couple of older, wiser judges).
I suppose I would like for your members to all read the "Lawyer's Creed", again. And then periodically, and then practice what you've read. And relax. Have fun in the practice of law. Seriously.
Talk some about how you think we as lawyers can change the public's perception of lawyers.
I don't think we need to change the public's perception of lawyers so much as we need to change how the news media portrays us to the public. In my opinion, any negative image of lawyers is created more by the spin the news media puts on our work than by what we've actually done. At the same time, we can take steps to minimize this negative perception, or spin. For instance, we can take an active role in policing ourselves. We can utilize the grievance process when it's appropriate to do so, not as a weapon of vengeance, but as a tool to bring errant lawyers back in line, or remove those that can't be reformed.
We can also take a more active role in community and charitable affairs; let the public (and the news media) see us in a non-lawyer role, yet still performing services to the community. We can be active in our bar associations, and our bar associations can be more active in community and charitable affairs as well as the individual lawyers.
I am proud to be a member of our great profession, and judging by the number of lawyers our law schools are turning out, and by the number of applications our law schools are receiving, I would say that the legal profession is still an honored, sought-after tradition.
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