Meet the Magistrates: Judges Dish on Pet Peeves and the Consent Process at FBA Panel
Federal magistrate judges based in San Francisco and San Jose discussed their tips for practitioners at a panel Thursday night.
November 09, 2018 at 03:00 PM
3 minute read
Magistrate judges for the U.S. District Court for the Northern District of California gathered Thursday for a panel on their pet peeves, tips for lawyers and a behind-the-curtain look at consenting to their jurisdiction. The Northern District of California Chapter of the Federal Bar Association hosted the "Meet the Magistrate Judges" panel at the San Francisco courthouse. Five magistrate judges, including recently appointed San Francisco Judge Thomas Hixson, spoke as part of the event. Moderator Michelle Roberts, the president of the FBA's NDCA chapter and a partner at Kantor & Kantor, spoke with the judges about their perceived benefits of consenting to the jurisdiction of a magistrate judge. "We have more bandwidth and flexibility to help you out … you can get more access to us," Hixson said. Judge Jacqueline Scott Corley added that magistrate judges are invested in getting parties to agree because "that is how we spend a lot of our time." She and other panelists also addressed concerns lawyers may have when deciding whether or not to consent to the jurisdiction of a magistrate judge. Judge Elizabeth Laporte said that some lawyers are worried magistrate judges will take it personally if they don't consent, or hold it against them in the future. That isn't the case, she said. San Francisco-based Laporte said she does not pay close, if any, attention to who does or does not consent, because she's busy with the cases she does have. "Generally, I've got enough to do," she said. Others on the panel agreed, though San Jose Judge Nathanael Cousins noted that in his courthouse, even if a lawyer declines the jurisdiction of the magistrate judge, the magistrate keeps all the discovery in the case. Panelists also gave advice on what behavior goes over well in their court—and what doesn't. "A pet peeve is, I'm surprised by the number of lawyers who don't read the individual judge's [standing] orders," Hixson said. Judge Sallie Kim said she's often puzzled by discovery letter briefs that include attacks on the opposite side and provide a history of the dispute but "not requests about what people want." Corley added that she's also been left without a clear request about what parties want and why they want it. Her advice for lawyers, aside from being clear in their requests, was to concede when wrong. "Concession is super powerful," Corley said. Laporte agreed, recommending lawyers who "mess up, fess up," to maintain credibility. Other panelist tips included sticking to a few strong arguments rather than adding unneeded, weaker ones and informing judges when a dispute moves.
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