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Chamber Chat with Judge Frazee

By Michelle Fagan

 

 

New York Supreme Court Justice Evelyn Frazee started GRAWA's chamber chat by describing her path to becoming a judge. Before law school, she was a teacher for three years. She decided to pursue a J.D. instead of an M.B.A. She began the first two years of her legal career working for a small firm and was the only woman in the firm. She then clerked for Justice Andrew V. Siracuse for 12 years. She has been a Supreme Court Justice since 1992, making the day after this chamber chat her 25 th anniversary in the law.

After opening up some discussion regarding how to effectively obtain guardianships, Judge Frazee shared the following “dos and don'ts:”

First, know the judge's deadlines by calling chambers. Let the court know if you settle matters.

If you cannot get papers in on time, call and ask for an adjournment. In the event the opponent does not agree to an adjournment, call the judge and ask.

Print out the major cases that you rely on and include copies for the judge, as it is more of an assurance that the judge will read it.

Regarding motions for summary judgment: you must have your client's affidavit and must attach the pleadings. It is also helpful to have an attorney's affidavit giving the history of the case for such a motion.

Don't put law in the affidavit and don't put facts in the memo of law! Do just the opposite, because the memo of law will not be part of the appeal, the affidavit will be.

Reputation is very important in this profession. Thus, it is always better to give the judge warnings of things, especially motions in limne or if there is an issue during trial requiring an expert report.

Check pleadings!

With provisional remedies, read the cases and the CPLR and know the steps/criteria for what you are seeking.

For oral arguments, just argue the law, not the facts. Argue what is germaine to the issue and don't regurgitate the affidavit.

Look at the PJI before you even draft a complaint or answer. A lot of attorneys fluff over the charge which can be very important to his or her case.

As for etiquette:

  • You can never go wrong calling the judge “Judge” especially in the Hall of Justice.
  • When addressing the court: always stand!
  • When in conference or oral argument, do not interrupt the other attorney.
  • When the judge calls, no matter what put the call through even if you are in conference. Let your secretaries know!
  • At trial, when you make an objection don't go into a diatribe, be brief. Three or four words are enough.
  • Always school clients and witnesses before you put them on the stand.

Judge Frazee then explained her role as a judge in settlements, stating that that her role as a judge includes attempting to settle cases as well as trying them. She described her reasons as pragmatic, expounding that settling cases help decrease the case overload at both the trial and appellate level. Furthermore, she reasoned that settling also avoids expenses of litigation for the parties.

Finally, Judge Frazee was asked if she ever felt overwhelmed as a judge. She stated that she is very busy. She is involved in extra projects, including being appointed to the head of New York 's Parent Education Advisory Board. Yet she believes that effecting positive change through such projects is an important part of being a judge.

Furthermore, she stated about being a judge: A lot is accumulated knowledge and experience. A lot is common sense and being ethical!

 


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