The Bench Bar Conference

By By Mary Wechsler

On November 11th, Veteran’s Day, approximately 100 judges and attorneys met at Plymouth Congregational Church to discuss ways to work together to propose solutions to court scheduling problems and litigation problems. After a brief introduction describing budgeting issues, the day was spent in panel discussions and workgroups divided by practice areas: civil, criminal, and family.

The conference was co-chaired by Judge Michael Trickey and Mary Wechsler. Presenters, panel members, and workgroup leaders included Judges Robert Alsdorf, Marlin Appelwick, Jeffrey Ramsdell, James Doerty, Commissioner Stephen Gaddis, Terence Lukens, Catherine Shaffer, Joan DuBuque, Ronald Kessler, and attorneys Mabry De Buys, Janet Rice, Ralph Maimon, Linda Roubik, Wayne Blair, Thomas Kelly, Anne Harper and Mark Larson.

Information was presented regarding recent changes in court procedure such as the loss of most judicial assistants due to budget cuts, new forms, and information regarding the current functioning of Unified Family Court.

Numerous recommendations were proposed by the workgroups, including the following:

1. Email should be used more frequently to reach bailiffs, but great care must be taken to prevent ex parte communication to judges.

2. The family law motions calendar procedures should be improved. Suggestions include having most motions without oral argument, assigning one commissioner to a case, and having the motions heard by the trial judge.

3. The participating judges were very encouraging of attorneys asking for conferences with the court, particularly early on in a case, to deal with litigation problems.

4. Many attorneys present requested that judges more consistently enforce compliance with rules and provide sanctions for perjury and attorney misconduct.

The conference was quite well received, with comments on the evaluation forms being almost universally positive and primarily focusing on the appreciation of the opportunity for communication and multiple problem solving between judges and attorneys. The couple of negative comments were expressions of concern that there would be insufficient follow-up on proposals coming from the conference. In an effort to facilitate action on the suggestions, copies of the notes and suggestions of the workgroups are being sent to all participants.

The Bench Bar Conference is now an annual event. Attorneys and judges who were not able to attend this year will have the opportunity next Veteran’s Day to attend the 2004 conference.