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:
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!