Occasional Judge

But there are occasional cases where a “technically correct” ruling would seemingly result in a decision so wildly at odds with prevailing moral principles that a judge should feel compelled. A federal judge in Oklahoma has ordered the new owners of an Oklahoma zoo featured in Netflix's 'Tiger King' documentary to turn over all the lion and tiger cubs in their possession. Republicans knew they had a Marjorie Taylor Greene problem back in the summer of 2020 when she was running for Congress. House Minority Whip Steve Scalise (R-La.) called the QAnon supporter’s. Who the next county judge is remains unknown after members of the Cooke County Commissioners' Court decided to postpone the appointment Wednesday afternoon, Jan. “In order to make the best decision possible, we're going to sleep on it,” Cooke County Judge Jason Brinkley said after coming back into open session at 3:30 p.m. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based.

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2. Occasional Judgement
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Staff Information

ABRAHAM RIBICOFF FEDERAL BUILDING
United States Courthouse
450 Main Street - Room 217
Hartford, Connecticut 06103

Location: Courtroom 2

Judge Tabs

Criminal Cases

Judge Shea’s practice is to notify the defendant at a status conference that Judge Shea will grant the additional one-level reduction under Section 3E1.1(b) of the United States Sentencing Guidelines if: (1) the government makes the requisite motion; and (2) the defendant has assisted authorities in the investigation or prosecution of his or her own misconduct by timely notifying authorities of his or her intention to plead guilty, such that the government is able to avoid preparing for trial and the government and the court are able to allocate their resources efficiently. Generally, Judge Shea considers such a notification to be timely if it occurs more than 30 days before jury selection is scheduled. See Commentary to U.S.S.G. § 3E1.1(b) (“[T]o qualify under subsection (b), the defendant must have notified authorities of his [or her] intention to enter a plea of guilty at a sufficiently early point in the process so that the government may avoid preparing for trial and the court may schedule its calendar efficiently.”). Judge Shea will nonetheless consider the particular circumstances of each case in ruling on a motion by the government under Section 3E1.1(b).

Oral Arguments on Motions

Judge Shea will hear oral argument when, after a review of the papers, he is left with questions or concerns that counsel may be able to resolve through argument.

He does not have a motion day, but hears oral arguments as his schedule permits. When Judge Shea hears oral argument, he often rules from the bench after hearing from the parties.

Junior members of legal teams representing clients are invited to argue motions they have helped prepare. Opportunities to train young attorneys in oral advocacy are rare. Where junior lawyers are familiar with the matter under consideration, but have little experience arguing before a court, Judge Shea believes that they should be encouraged to speak. To facilitate this practice, Judge Shea is amenable to permitting a second, senior lawyer to argue as well for one party (if deemed necessary), if this will create an opportunity for a junior lawyer to participate. The ultimate decisions of who speaks on behalf of the client is for the lawyer in charge of the case, not the court.

Referral to Magistrate Judges/Special Masters

Judge Shea usually decides motions himself, although he may refer motions to a Magistrate Judge. Judge Shea will refer settlement conferences to a Magistrate Judge or to a parajudicial officer.

Rulings from the Bench

When Judge Shea hears oral argument, he often rules from the bench at the end of the hearing, even on dispositive motions.

26(f) Reports

Provided counsel are reasonable and efficient in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the 26(f) Report will usually serve as the basis for the initial scheduling order in the case. The report should provide the court with a meaningful overview of the case and should serve as a vehicle for the parties to consider the narrowing of claims and the possibility of settlement. Judge Shea independently determines whether a scheduling conference with the Court is necessary, but he will take into account whether the parties have requested a scheduling conference in their 26(f) Report.

Resolution by Conference Call

Counsel should not make ex parte telephone calls to chambers, except to request a settlement conference. Whenever a telephone call to chambers is necessary, counsel for all parties should be on the line.

Judge Shea will attempt to resolve discovery disputes through the submission of brief letters and/or by conference call, and does not permit the filing of discovery motions or briefs before the call. Please refer to Judge Shea’s Instructions on Discovery Disputes for further guidance.

Judge Shea also requires counsel to participate in conference calls, often on short notice, when he believes that a prompt communication will facilitate scheduling or otherwise advance the progress of a case.

Sur-reply Briefs

Judge Shea does not allow sur-reply briefs.

Letter Briefs

Judge Shea does not allow letter briefs. Formal motions should be filed. If a lawyer wants to call the court's attention to new authority, he or she should file a notice of supplemental authority with the clerk.

UrgentMatters

In circumstances where counsel has a legitimate need for immediate attention to a motion, the motion should be filed with the clerk, with a copy to chambers accompanied by a brief cover letter explaining the need for immediate attention.

Chambers’ Copies

NOTICE: Owing to the current COVID-19 public health emergency, Judge Shea has suspended the courtesy copy requirements set forth below. Counsel are not required to submit courtesy copies of any filing effective immediately and continuing until this notice is removed.

Unless otherwise ordered, on the business day following the day on which a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents, including all exhibits and attachments:

1. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits;
2. Dispositive motions, memoranda in support, briefs in opposition, and replies;
3. Proposed voir dire and jury instructions;
4. Joint Trial Memoranda;
5. Trial briefs, including proposed findings of fact and conclusions of law and all exhibits; and
6. Any other filing that is in excess of 15 pages;

Please ensure that chambers’ copies are properly bound and tabbed. Any chambers’ copy that cannot be secured by a staple or medium binder clip must be (1) placed in a three ring hole punch binder, (2) Velo bound, (3) GBC bound, or (4) bound with a two hole punch fastener/hinge. Chambers’ copies may be printed double-sided, as long as they are bound on the left side of the paper and not on the top.

Motions for Extension of Time

Motions to extend time should comply with Local Rule 7(b). If counsel requires an expedited decision on a motion to extend time, he or she must supply Judge Shea’s chambers with a courtesy copy of the motion and a cover letter explaining the need for an expedited decision.

Special Proceedings

Judge Shea will not grant ex parte relief on motions for temporary restraining orders unless the movant can demonstrate extraordinary circumstances. When a party seeks ex parte relief, Judge Shea will usually ask that party’s attorney to try to reach the opposing party or its counsel by telephone. Motions for preliminary injunctions are scheduled for a telephone conference at an early opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with a trial on the merits. Motions for preliminary injunctions and prejudgment remedies are often referred to a Magistrate Judge.

Joint Trial Memoranda

Please refer to Judge Shea’s Joint Trial Memorandum Instructions. The deadline for filing the Joint Trial Memorandum may be postponed if counsel file the joint statement described under “Settlement” below.

Lawyer Affidavits

Lawyer affidavits are not necessary to identify exhibits and deposition transcripts submitted in connection with dispositive motions. Lawyer affidavits are rarely accepted as evidence on disputed issues of fact other than attorneys’ fees issues.

Dispositive Motions

Other than to advise counsel that brevity in briefing is appreciated, Judge Shea currently has no individualized rules or procedures concerning dispositive motions. Pre-filing conferences are not required.

Discovery

In cases in which all parties are represented by counsel, Judge Shea will attempt to resolve discovery disputes by letter and/or conference call whenever possible. Please refer to Judge Shea’s Instructions on Discovery Disputes for further guidance. Judge Shea decides most discovery disputes himself, but may refer others to a Magistrate Judge.

Settlement

Judge Shea encourages the parties to discuss settlement as soon as possible. Nearly all civil cases settle, and in most cases, the Court will at some point refer the parties to mediation with a U.S. Magistrate Judge to explore the potential for settlement. The sooner that occurs, the less expensive the case will be for the parties. The Court understands that sometimes it is necessary to conduct some discovery before the parties can engage in a productive mediation. In those cases, the Court encourages the parties to discuss exchanging limited discovery, perhaps including one deposition by each party and the written discovery necessary to prepare for that deposition, before proceeding to mediation. But the parties may begin settlement discussions at any time, either by themselves or with the assistance of a U.S. Magistrate Judge. Should the parties wish at any time to be referred to a Magistrate Judge for mediation, they need only so indicate to the Court by filing a joint statement making such a request (which may be as short as a single sentence), by filing a statement by one party representing in good faith that counsel for all parties have conferred and agree that such a referral would be appropriate, or by telephoning chambers to make the same representations.

Motions for Reconsideration

Should a motion for reconsideration be filed, the opposing party may not file a response unless allowed to do so by order of the Court. Should the Court issue an order allowing or requiring a response, the party will typically be afforded the full 21 days allowed for opposing motions (L.R. 7(a)), but measured from the date of the Court’s order allowing or requiring the response.

Settlement Agreements

The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record and must provide reasons for the Court’s retention of jurisdiction. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.

Hours of Day for Trial

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Judge Shea’s typical trial day lasts from 9:00 a.m. to 3:00 p.m., with a forty-five-minute lunch break and a fifteen minute break in the morning. He may ask the lawyers to report at 8:30am or earlier, or to stay after 3pm, as necessary to deal with objections and procedural matters.

Days of Week for Trial

Judge Shea ordinarily conducts trial five days a week. In long trials there will be occasional days off.

Time Limitations for Trial

Judge Shea typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly.

Time Limitations for Individual Examinations of Witnesses

Judge Shea generally does not limit individual examinations of witnesses.

Opening Statements

Judge Shea allows opening statements in both civil and criminal cases.They may not be argumentative and must be limited to what the evidence will show. They are typically required to be very short, i.e., ten minutes or less.

Closing Arguments

Judge Shea generally allows closing arguments of thirty minutes, although additional time may be allowed for very complicated cases.

Demonstrative Exhibits

Judge Shea brings up the subject of demonstrative exhibits at the pretrial conference and encourages counsel to exchange demonstrative exhibits early so that any objections can be taken up well before counsel tries to use the exhibits at trial. Demonstrative evidence may not be used during closing argument unless it has been marked as an exhibit or has been shared with the other parties at least one day before closing.

Moving Exhibits into Evidence

Under Judge Shea’s Joint Trial Memorandum Instructions, proposed exhibits are to be pre-marked and exchanged at least seven days prior to submission of the Joint Trial Memorandum, with objections to be stated in the Joint Trial Memorandum. Motions in limine are not to be filed with the Joint Trial Memorandum. Please refer to Judge Shea’s Joint Trial Memorandum Instructions for further guidance on the timing of motions in limine. Exhibits not listed will not be admitted at trial, except for good cause shown and except for any exhibits admitted solely for impeachment purposes; and objections not made in this manner will likely be deemed waived absent a showing of excusable neglect or extreme prejudice.

Pre-marking of Exhibits

See 'Moving Exhibits into Evidence' section.

Occasional Judgement

Procedural Motions and Arguments

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Judge Shea’s Joint Trial Memorandum Instructions require in limine motions to be filed thirty days before the first pretrial conference, which will be scheduled after the parties file their Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Shea expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks. Judge Shea rarely permits sidebars and rarely excuses the jury to entertain motions or objections.

Objections

Counsel are to state their objections in as few words as possible, without argument, in the presence of the jury, unless Judge Shea asks for more detail.

Jury Profiles

Upon request, attorneys receive basic information about jurors the day before trial.

Jury Selection

Judge Shea uses the entire venire in civil cases, and uses a modified version of the “box method” in criminal cases. In civil cases, all prospective jurors answer all questions. In criminal cases, a group consisting of the number of jurors to be seated, plus the number of peremptory challenges, plus a few extra venirepersons, answer most of the questions, although the entire venire answers some preliminary questions. Judge Shea questions the panel himself, although he may permit counsel to follow up with those jurors summoned to sidebar. He asks general questions as well as some case-specific questions that have been requested by the attorneys. Each venireperson also announces his or her answers to a basic questionnaire. Judge Shea expects counsel to pay close attention to the answers from the venire and to develop their strategy for peremptory challenges while the questioning is proceeding. At the conclusion of the questioning, Judge Shea will afford counsel a short time – usually no more than 15 minutes – to confer with their clients and exercise their peremptory challenges.

Jurors in a Civil Case

The number of jurors selected in a civil case depends on the expected length of the case. At least seven will be selected, and usually eight.

Juror Notebooks

Judge Shea allows counsel to provide the jurors with binders containing exhibits that are in evidence.

Juror Notes

The court permits note taking by jurors and supplies notebooks for juror use.

Juror Charge

Judge Shea's Joint Trial Memorandum Instructions require proposed charges to be submitted. He prepares a draft of the charge, provides it to counsel during the trial, and holds a charge conference a day or two before giving the charge. Judge Shea charges the jury before closing arguments. He spends a few minutes after the closings to give the jurors some additional information about logistical matters so that there is a buffer between the arguments and deliberations.

Post-verdict Communications with Jurors

Judge Shea does not permit lawyers to communicate with jurors, but he sometimes speaks with jurors after the trial is over.

Motions in Limine

See Judge Shea’s Joint Trial Memorandum Instructions and the 'Procedural Motions and Arguments' section above.

Technology

The use of overhead projectors, transparencies, Elmo, etc., is routine.

Counsel Placement in Court

Judge Shea does not require counsel to request permission to approach a witness or hand up documents. Attorneys are typically required to stand at a podium while questioning witnesses, though they are permitted to approach the witness as necessary.

Miscellaneous

Judge Shea expects re-direct examination to be brief and limited to new issues arising out of cross examination. He does not allow re-cross examination.

Judge Shea prefers to deal with issues in advance of and outside the evidence presentation of the trial day. He encourages attorneys to raise issues requiring his attention as far in advance as possible so that they can be dealt with at the beginning or end of the trial day or during a break.