Editor’s column: 11 judicial peeves paint a vivid picture

On Sept. 21, I attended a Meet the Judges luncheon in the Historic Courthouse in San Bernardino, where family law bench officers told lawyers what they need to stop doing.

They shared their peeves with humor and tact. It was interesting and constructive.

Here is the list, but not all items are equal. It was clear to me that people being unprepared, filing late documents and talking over each other are chronic problems.

Judicial peeves

1. Lawyers’ not alerting judges when a case is settled.
   “We spend hours each day prepping our calendar. If you settle, call us as soon as possible.”
   “If you don’t tell us a case is settled, we can’t release that date.”
2. Lawyers who don’t file financial disclosures in divorces.
3. Lawyers’ not doing a meet and confer.
   “It’s required by law, and it’s part of the process.”
4. Lawyers’ not reading the trial rules.
   “If you haven’t, you aren’t ready for trial and I won’t give you a trial date.”
5. Lawyers’ not finishing on time.
   “Know what your trial estimate is and stick with it.”
6. Lawyers’ not being prepared.
   “If I give you a trial date and you aren’t ready, that date isn’t available for someone else.”
   “Be prepared with witness and exhibit lists, and declarations.”
   “You’re expected to share your witnesses, documents in advance. It’s fairness and due process.”
7. People talking over each other/speaking over each other and ratcheting up an already contentious family law case.
   “When you raise that level up, nobody’s hearing you anymore.”
8. Lawyers’ giving judges “courtesy copies” of files the day before or the morning of the trial.
   “We read everything you give us. We can’t read it if you don’t give it to us on time.”
   “That courtesy copy is not a courtesy. It tells me I won’t get a 20 minute break in the morning if I’m going to get your case on my calendar.” 
9. Not enough meaningful mandatory settlement conferences.
   “I’m available. File a simple brief. Let’s talk about what’s left over that you guys couldn’t settle.”
10. Lawyers’ not showing up at 11 a.m. (without calling to let the judge know) while the opposition is sitting there since 8 a.m.
11. Lawyers’ assuming continuances are allowed/lawyers’ stipulating to continue without checking with the judge.
    “I hate continuances.”
    “Five months from now I’m not going to be able to read my own notes. I’m not going to ask for a transcript. (When there’s a continuance,) the whole flow goes off.”

Though I’ve narrowed my reporting to the peeves, I’m impelled to iterate that the tone was light and the communication was welcome.

Joyce Holcomb facilitated the event, and she had each judicial officer begin by telling us about their backgrounds and a fun fact about themselves. These tidbits created connection and most evoked laughter. Who knew there were Star Wars and Tolkien superfans under those robes?

The event was presented by the San Bernardino County Bar Association and the East West Family Law Council, with lunch sponsored by the Reunited Visitation Facility.