JUDGE CONQUE'S JUDICIAL PHILOSOPHY
Pre-Trial | Jury Trials | Briefs
My general philosophy of judging is to let the attorneys set the pace for
their own cases. I normally stay out of the way unless I am asked to step in
and solve a problem. I encourage the attorneys to work out such things as
scheduling, discovery and settlement on their own. If they reach an impasse, I
am willing to assist with some judicial intervention. However, when it comes
time for a hearing or a trial, I expect the attorneys to be ready and all
pre-trial problems to be resolved.
I consider myself a "rule of law" judge and a moderate. I enjoy a
good debate over a fine point of law, and I often engage in dialog with the
attorneys in court. Debate is limited, however, to statutory law or
jurisprudence pertinent to the issues.
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PRE-TRIAL
Pre-trial or Status Conferences:
I typically leave pre-trial issues to the attorneys. As long as they are
proceeding with the case at a mutually agreeable pace, there is no need for the
judge to get involved. Sometimes, when a case is complex or involves multiple
parties, I will take the initiative and call the attorneys together early in
the case to discuss management of discovery and trial issues.
Normally, I do not schedule pre-trial or status conferences unless requested
by one of the parties. I am available on short notice for conferences, if a
problem arises that the attorneys cannot solve on their own. No formal written
request is required. A phone call to my law clerk will suffice. I encourage the
use of telephone conferences instead of personal appearances for the sake of
convenience and because these can often be scheduled for the same day they are
requested.
Standing Pre-trial Orders:
Division G follows the Uniform Rules of Court and appendices. The 15th JDC has provided
for standing order and schedules for pretrial litigation matters. If the
parties in a case are more comfortable with an order setting deadlines for
discovery and other pre-trial matters of their own design, they can request a
conference. Better yet, the parties can confer on their own and submit a joint
pre-trial order of their own liking. I will happily sign it. It can always be
assumed that, in the absence of a pre-trial order, the applicable court rules
and the Code of Civil Procedure will govern.
Pre-trial Determination of Evidentiary Issues:
All anticipated issues involving evidence should be resolved well before
trial. The attorneys should determine what issues exist and attempt to resolve
them without the court's involvement. Failing this, the attorneys should make
the court aware of the issues as soon as possible. I would much prefer to
resolve these issues in a pre-trial evidentiary hearing than to let a jury cool
its heels in the deliberation room during a trial. Often, these matters can be
resolved over the phone or in conference, but well in advance of the trial
date.
Settlement or Compromise:
I prefer to stay out of settlement discussions, even in a jury trial. I
never twist arms, and I try to never browbeat lawyers about settlement. On the
day of trial, I simply ask if all efforts to compromise have been exhausted. I
assume that the attorneys have done all they can to achieve the unique kind of
justice for their clients that can only come from a well-negotiated settlement.
I also assume that this has been done before entering the courtroom. When the
parties come into my courtroom, I am ready to begin the trial. They should be
too.
In rare instances, I have been asked by all parties to participate in
discussions about settlement. I will reluctantly comply with this request only
if all parties desire it, and only in cases to be tried before a jury. The
extent and manner of my participation is determined by the individual case.
Pre-trial Tactics to Avoid:
Whining, complaining, ambush, making excuses, delaying, being unprepared,
and bad-mouthing an opposing attorney or party should be avoided. (Bad-mouthing
the judge is ok if he deserves it and never hears about it.)
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JURY TRIALS
Jury Selection:
I generally use a "struck jury" method of jury selection. That is,
I conduct voir dire of (24) to (36) prospective jurors at a time. When the
parties have challenged, peremptorily or for cause, everyone whom they wish to
strike from this group, the first (12) called who remain unstriken become the
jury. The next (1) or (2) become alternates, if needed. I permit (1) additional
challenge per party for each alternate needed. If there are not (12) who remain
unstriken, then I call up a sufficient number to complete the jury. I do permit
"back striking" anytime before the jury is sworn.
Voir Dire:
I conduct fairly extensive voir dire myself, then I permit voir dire by each side in the case. Voir dire by the attorneys should be confined to pertinent issues not already covered by me.
Voir dire is not the proper place to make impassioned pleas, speeches or argument, but I will not usually intervene "sua sponte" in front of the jury. It is the duty of the opposing attorney to decide if an objection should be made during the voir dire. The court should not be expected to do the job of the advocates in the case. I do encourage the making of such objections at sidebar, and in any event, all discussion or debate on any objection is required to be at sidebar.
Challenges:
All challenges must be made at sidebar. If a record needs to be made regarding any challenge, I allow time when the jury is out of the courtroom for this purpose. At sidebar, I first ask for any challenges for cause. Once these are disposed of, I ask for peremptory challenges in rotation beginning with the plaintiff. If there is a second round, the rotation begins with the defendant. In turn, each side may challenge any prospective juror, regardless of the order in which the juror was called up. Again, "back striking" of any prospective juror is permitted until the jury is sworn.
Objections:
In a jury trial, I insist that no objections be argued before the jury. The
procedure that I require is as follows:
1.The objection is stated simply, i.e. " Objection, hearsay";
2.The opposing attorney is offered the opportunity to respond at sidebar;
3. If the attorneys wish to discuss or argue the objection, a sidebar is called.
One of my pet peeves is attorneys bickering over objections with each other in the courtroom rather than addressing the court. In my view, attorneys should never engage in verbal confrontations with each other before the bench. It is the judge's job to resolve disputes in the courtroom, and they should all be addressed to him. Bickering in court is unprofessional and not appreciated.
Jury Instructions:
I have standard jury charges that can be found elsewhere on this website. I am rather fond of these instructions, and rarely change them to suit the parties. Special requested jury instructions to address particular issues in a case that are not covered in my standard charges are welcomed. They should be submitted as soon as possible, but I will accept them right up to the end of a trial. I will review them and discuss them in a charge conference. Requested jury instructions should always be supported with citations to statutory law or recent and sound jurisprudence.
Verdict Forms:
I have a standard verdict form for personal injury cases. However, I like it
when the parties can agree on a verdict form to be submitted jointly to me. No
one knows the case like the attorneys involved, so the best verdict form is
often one that they have confected.
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BRIEFS
I read all briefs and memoranda submitted timely, and I often formulate questions from my reading of them that I ask at oral argument. I also formulate some initial impressions about the issues from briefs. I don't really care if one side or the other fails to file a brief, but the downside is that then my only impression of the case is from the briefs that I have received.
Another pet peeve that I have is attorneys filing briefs in the record, but not sending me a copy. I can't read what I don't have, and I don't roam the three parishes of the district looking for briefs. Mail me a copy or fax me a copy, otherwise I won't see it. But, please don't mail and fax. I don't need two copies.
Also, if your hearing has been continued or postponed, check with us when you are rescheduled to make sure that we still have your brief. We try to keep them, but sometimes they get misplaced. We might need another copy.