IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2007-006 PA/PI-CIR
RE: STANDARDS
OF PROFESSIONAL COURTESY
On or about January 9, 1998, Chief Justice Gerald Kogan requested the Chief Judge of each judicial circuit to appoint a Circuit Committee on Professionalism charged with the overall responsibility of initiating and coordinating professionalism activities within the circuit and to assist the Commission on Professionalism.
On or about January 14, 1998, the Sixth Judicial Circuit Professionalism Committee was established.
The Sixth
Judicial Circuit Professionalism Committee recognizes that the Bench and Bar of
the Sixth Judicial Circuit have historically maintained a high level of professionalism.
The Sixth
Judicial Circuit Professionalism Committee, desiring to maintain, protect, and
preserve such high level of professionalism and civility, recommended that the
attached Standards of Professional Courtesy and Implementation Procedures be
adopted.
The
Standards of Professional Courtesy and Implementation Procedures were adopted
by Administrative Order PA/PI-CIR-99-46.
In
order to reaffirm that the Standards of Professional Courtesy still apply in
the Sixth Judicial Circuit and to emphasize the importance of these standards,
IT
IS ORDERED:
The attached Standards of Professional Courtesy for the Sixth Judicial Circuit and Implementation Procedures are reaffirmed as the Standards of Professional Courtesy for the Sixth Judicial Circuit. These Standards apply to all attorneys practicing law in the Sixth Judicial Circuit, and to all Judges sitting in the Sixth Judicial Circuit.
Administrative Order PA/PI-CIR-99-46 is hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg,
_____________________________
David A. Demers, Chief Judge
cc: All
Judges
The
Honorable Bernie McCabe, State Attorney
The
Honorable
The
Honorable
The
Honorable
Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Gay L. Inskeep, Trial Courts Administrator
Kerry L. Rice,
Senior Deputy Courts Administrator,
Bar Associations,
Law Libraries,
STANDARDS OF PROFESSIONAL
COURTESY
FOR THE SIXTH JUDICIAL CIRCUIT
Although not
every lawyer will agree with every standard, these standards reflect an effort
to continue decency and courtesy in our professional lives without intruding
unreasonably on each lawyer’s choice of style or tactic. Some of the guidelines
may not apply in criminal proceedings, or where a specific judge has a
different rule.
A. GENERAL
1. We will treat parties, counsel,
witnesses, jurors and prospective jurors, court personnel and judges with
courtesy, in writing and orally. We will avoid undignified or discourteous
conduct. We will avoid disparaging personal remarks or acrimony toward opposing
counsel.
2. We will not show marked attention or
unusual informality to any judge, except if outside of court and supported by a
personal relationship. We will avoid anything calculated to gain, or having the
appearance of gaining, special consideration or favor from a judge.
3. We will adhere strictly to all express
promises to and agreements with opposing counsel, whether oral or in writing.
We will adhere in good faith to all agreements implied by the circumstance or
by local custom.
4. We will not knowingly misstate,
misrepresent, distort, or exaggerate any fact, opinion, or legal authority to
anyone. We will not mislead by inaction or silence. Further, if it occurs
unintentionally and is later discovered, we will disclose or otherwise correct
it.
5. We will not demean opposing counsel in
the course of litigation unless relevant to the issues of the case.
B. SCHEDULING,
CONTINUANCES, AND EXTENSIONS OF TIME
1. We will communicate with opposing
counsel to schedule depositions, hearings, and other proceedings, at times
mutually convenient for all interested persons.
2. We will provide opposing counsel and
other affected persons reasonable notice of all proceedings except upon
agreement of counsel when expedited scheduling is necessary. We will
immediately notify opposing counsel of any hearing time reserved.
3. We will request enough time for
hearings and adjudicative proceedings to permit full and fair presentation of
the matter and to permit response by opposing counsel. When scheduling
depositions, we will schedule enough time to permit the conclusion of the
deposition, including examination by all parties, without adjournment.
4. We will call potential scheduling
problems to the attention of those affected, including the court, as soon as
they become apparent. We will avoid last minute cancellations.
5. We will make request for changes only
when necessary. We will not request rescheduling, cancellations, extension or
postponements solely for the purpose of delay or obtaining unfair advantage.
6. We will cooperate with opposing counsel
when conflicts and calendar changes are necessary and requested.
7. We will grant reasonable requests for
scheduling, rescheduling, cancellations, extensions, and postponements that do
not prejudice our client’s opportunity for full, fair and prompt consideration
and adjudication of the client’s claim or defense.
8. First requests for reasonable
extensions of time to respond to litigation deadlines relating to pleadings,
discovery, or motions, should be granted as a matter of courtesy unless time is
of the essence or other circumstances require otherwise.
9. We will resolve subsequent requests by
balancing the need for expedition against the deference we should give to
opposing counsel’s schedule of professional and personal engagements, the
reasonableness of the length of extension requested, opposing counsel’s
willingness to grant reciprocal extensions, the time needed for the task, and
whether it is likely a court would grant the extension.
10. We will not attach unfair or
extraneous conditions to extensions. We will impose conditions required to
preserve rights that an extension might jeopardize. We may seek reciprocal
scheduling concessions. When granting an extension, we will not try to preclude
an opponent’s substantive rights.
C. SERVICE
OF PAPERS
1. The timing and manner of service should
not be used to the disadvantage of the party receiving the papers. This
includes the use of facsimile transmissions and any additional expedited means
of communication approved by the court.
2. We will not serve papers to take
advantage of opposing counsel’s known absence from the office or at a time or
in a manner designed to inconvenience an opponent, such as late on Friday
afternoon or the day preceding a secular or religious holiday.
3. We will not serve papers, including
briefs and memoranda, so close to a court appearance that the ability of
opposing counsel to prepare for that appearance or, where permitted, to
respond, is inhibited.
4. Service should be made personally or by
facsimile transmission when it is likely that service by mail, even when
allowed, will prejudice the opposing party.
D. WRITTEN SUBMISSIONS TO
1. In written briefs or memoranda, we will
not rely on facts that are not properly part of the record. We may, however,
present historical, economic or sociological data if the data appears in or is
derived from generally available sources.
E. COMMUNICATIONS
WITH ADVERSARIES
1. We will not write letters to ascribe to
our opponent a position he or she has not taken or to create "a
record" of events that have not occurred.
2. We will use letters intended only to
make a record sparingly and only when necessary under all the circumstances.
3. We will not send letters between
counsel to judges unless specifically permitted or invited by the court.
F. DISCOVERY
1. We will use discovery only when
necessary to ascertain information, to perpetuate testimony, or to obtain
documents or things necessary for the prosecution or defense of an action. We
will never use discovery as a means of harassment or to impose an inordinate
burden or expense.
2. We will file motions for protective
orders as soon as possible and notice them for hearing as soon as practicable.
Absent an agreement or court order a deposition may not be properly canceled
due to a pending motion.
3. Prior to filing a motion to compel or for
protective order, we will confer with opposing counsel in a good faith effort
to resolve the issues raised. We will file with the motion a statement
certifying that we have complied and been unable to resolve the dispute.
4. Motions to compel shall quote in full
each interrogatory, question on deposition, request for admission or request
for production to which the motion is addressed and the objection and grounds
stated by opposing counsel.
DEPOSITIONS
5. In scheduling depositions, we will make
reasonable attempts to accommodate the schedule of the deponent, but not at the
expense of our client’s rights.
6. We will not inquire into a deponent’s
personal affairs or question a deponent’s integrity unless the inquiry is
relevant to the subject matter of the deposition.
7. We will refrain from repetitive and
argumentative questions and those asked solely for purposes of harassment.
8. We will limit objections to those that
are well founded and necessary to protect a client’s interest. Most objections
are preserved and must be interposed only when the form of a question is
defective or privileged information is sought.
9. While a question is pending, we will
not, through objections or otherwise, coach the deponent or suggest answers.
10. We will not direct a deponent to
refuse to answer questions unless they seek privileged information, are
manifestly irrelevant, are calculated to harass, or are not calculated to lead
to admissible evidence.
11. We will not make self-serving speeches
during depositions.
12. We will not engage in any conduct
during a deposition that would not be allowed in the presence of a judicial
officer.
DOCUMENT DEMANDS
13. In responding to document demands, we
will not strain to interpret the request in an artificially restrictive manner
in order to avoid disclosure.
14. We will withhold documents on the
grounds of privilege only where appropriate.
15. We will not produce documents in a
disorganized or unintelligible fashion, or in a way calculated to hide or
obscure the existence of particular documents.
16. We will not delay document production
to prevent opposing counsel from inspecting documents prior to depositions or
for any other tactical reason.
INTERROGATORIES
17. We will avoid "gamesmanship"
in answering interrogatories.
18. Objections must be based on good faith
belief in their merit. We will not make objections in order to withhold
relevant information. If an interrogatory is objectionable only in part, we
will answer the unobjectionable portion.
G. MOTION
PRACTICE
1. We will make every reasonable effort to
resolve the issue before setting a motion for hearing.
2. We will not force opposing counsel to
make motions we do not intend to oppose unless circumstances require or the
client requires.
3. After a hearing, we will make a good
faith effort to quickly agree or disagree upon a proposed order and submit the
result to the court. Unless otherwise instructed by the court, or agreed to by
counsel, all proposed orders shall be provided to other counsel for approval or
comment prior to submission to the court. We will not submit controverted
orders to the court with a copy to opposing counsel for "objections within
___ days". Courts prefer to know that the order is either agreed upon or
opposed.
4. We will not use post-hearing submissions
of proposed orders as a guise to reargue the merits of the matter.
H. EX
PARTE COMMUNICATIONS WITH THE COURT AND OTHERS
1. We will avoid ex parte communications
on the substance of a pending case with a judge before whom the case is
pending.
2. If an ex parte application or
communication is permitted, we will make diligent efforts to notify the
opposing party or a lawyer known or likely to represent the opposing party
before making the application or communication. We will make reasonable efforts
to accommodate the schedule of the lawyer so that the opposing party will be
represented. We will make the application or communication only if there is a
bona fide emergency whereby the client will be seriously prejudiced by a
failure to make the application or communication on regular notice.
3. We will notify opposing counsel of all
oral or written communications with the court or other tribunal, except those
involving only scheduling. We will provide simultaneously to opposing counsel
copies of all submissions to the court by substantially the same method of
delivery by which they are provided to the court.
I. SETTLEMENT
AND ALTERNATE DISPUTE RESOLUTION
1. Unless there are strong and overriding
issues of principle, we will raise and explore the issue of settlement as soon
as enough is known to make settlement discussions meaningful.
2. We will not falsely hold out the
possibility of settlement to adjourn discovery or delay trial.
3. We will consider whether the client’s
interest could be adequately served and the controversy more expeditiously and
economically disposed of by arbitration, mediation or other forms of
alternative dispute resolution.
J. TRIAL
CONDUCT AND COURTROOM DECORUM
1. When a matter is noted for trial on a
court calendar, it may be removed only with the permission of the judge.
2. We will conduct examination of jurors
and witnesses from a suitable distance. We will not crowd or lean over the
witness or jury. We will avoid blocking opposing counsel’s view of the witness
during interrogation.
3. We will address all public remarks to
the court, not to opposing counsel. We will address objections, requests and
observations to the court.
4. We will request permission before
approaching the bench. We will submit all documents to opposing counsel for
examination prior to submission to the court.
5. We will have the clerk pre-mark
potential exhibits.
6. We will admonish all persons at counsel
table that gestures, facial expressions, audible comments, or the like, as
manifestations of approval or disapproval during the testimony of witnesses, or
at any other time, are absolutely prohibited.
7. During trials and evidentiary hearings,
we will notify the court and opposing counsel of the number of witnesses and
duration of testimony anticipated to be called that day and the following day
(include depositions to be read). We will cooperate in sharing with opposing
counsel all visual-aid equipment.
8. We will not mark on or alter exhibits,
charges, graphs, and diagrams without opposing counsel’s permission or leave of
court.
9. We will accede to reasonable requests
for waivers of potential formalities if the client’s interests are not
adversely affected.
10. In civil cases, we will stipulate all
facts and principles of law which are not in dispute.
K. TRANSACTIONAL
PRACTICE
1. We will draft letters of intent,
memorializations of oral agreements, and written contracts reflecting
agreements in concept, so that they fairly reflect the agreement of the
parties.
2. We will point out to opposing counsel
that changes have been made from one draft to another. If requested, we will
identify those changes.
PROFESSIONALISM
IMPLEMENTATION PROCEDURES
A. TERMINOLOGY
1. Initiator: The complaining party
2. Contact Attorney: The person who
accepts referrals from various organizations, practitioners or the Initiator
3. Intermediary: The member of the PIP who
the Contact Attorney calls to handle the complaint
4. Concerned Party: The attorney or judge
whose behavior is the subject of the complaint
B. PROFESSIONALISM
IMPLEMENTATION PANEL
The goal of the Professionalism
Implementation Panel (PIP) is to handle complaints about professionalism
problems in an informal and confidential manner, functioning almost as a
mediation process without the formality of actually bringing the parties into
contact with each other. These procedures are not meant to address violations
of the Rules of Professional Conduct or the Code of Judicial Conduct.
The PIP will handle complaints of alleged
violations of the Standards of Professional Courtesy or other professionalism
problems in a confidential and informal manner on two levels, which will be
through a Contact Attorney and an Intermediary. The PIP will initially consist
of all members of the Professionalism Committee, who will also function as Intermediaries.
Initially, four members of the PIP shall function as Contact Attorneys, one for
South Pinellas County, one for North Pinellas County, one for East Pasco County
and one for West Pasco County. The number of Contact Attorneys and the
membership of the PIP may be changed from time to time as deemed necessary by
the Chief Judge. Recommendations for appointment to the PIP may be received
from local bar associations, other professional organizations, judges, and
practitioners. The Chair of the PIP shall be appointed by the Chief Judge.
C. PROCEDURES
1. The Initiator is referred from various
organizations, practitioners, or makes contact on his or her own with one of
the Contact Attorneys.
2. The Contact Attorney, without making
any judgments concerning the complaint, shall contact an Intermediary and
describe the complaint. When contacting an Intermediary the Contact Attorney
shall take into account the geographic location, area of practice and the
position (Judge or Attorney) of the Concerned Party.
3. The Intermediary has the discretion to:
i. Contact the
Concerned Party and discuss the complaint and secure a resolution.
ii. Consult with
any other Intermediary on how to handle the complaint.
iii. Decide there
is no violation of the Standards of Professional Courtesy, or there is no other
professionalism problem.
iv. Go outside the
PIP to request that a Senior Judge, a sitting Judge, or a respected attorney
contact the Concerned Party to secure a resolution.
4. Once the matter has been informally
resolved or a determination made that there is no violation, the Intermediary
shall contact the Initiator to explain the resolution.
5. Confidentiality shall be required
throughout the process. Except as provided herein, there shall be no
discussions of the matter beyond the Initiator, Contact Attorney, Intermediary,
the Concerned Party, or any person used pursuant to paragraph 3.iv above.
D. PIP
MEETINGS AND REPORTS
The PIP shall meet from time to time to
discuss the types of situations that have arisen and their resolutions, to
discuss possible modifications in procedure or structure of the process.