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• Author: Mark Thompson/Elizabeth Smith
• Pages: 932-938

Retired Judges

922Farrell California Judge Reviews

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FARRELL, Michael Joseph

Temperament/Demeanor

Interviewees said Judge Farrell is “very cordial and likes

to conduct informal case management conferences.” He also

is “very open,” “pleasant,” a “no nonsense judge,” with “good

temperament,” and “approachable, too. He’ll listen to your

argument without cutting you off or being mean-spirited if

he has a criticism of your performance.”

Intelligence/Knowledge

Interviewees agreed in their assessment of Judge Farrell’s

knowledge of law, calling him “smart,” a “smart guy,”

“bright,” and an “excellent judge with good knowledge of

the law.”

On Motions

Interviewees said that even when they have disagreed

with his rulings, they had the impression that Judge Farrell

was willing to listen to their arguments on motions and take

his time to make careful decisions. One plaintiffs attorney

who said Judge Farrell is rather conservative and leans

somewhat in favor of the defense said he liked him anyway.

“He read the stuff and gave us a considered ruling,” the

attorney said. Other interviewees said, “He lets you present

arguments. He won’t cut you off. And he’ll give careful con-

sideration to your arguments before he makes his ruling”;

“He’ll listen to your argument without cutting you off”; and

he’s “tireless.”

On Trial

Interviewees said that in trial, Judge Farrell is “excel-

lent” and “very good.” He is “accommodating” to attorneys,

he has “a great ability to run his courtroom,” and he “runs

a tight ship.” As one attorney summed it up, “When he was

presiding judge, I had several trials that were coming up

with him and I never felt that he was rushing or pushing. He

was courteous and fair the entire time. Lawyers should not

be afraid to go to trial in front of him. He expects you to be

prepared and he’s demanding, but not overly so. I would be

glad to try a case in front of him.” Another said, “I know he’s

a good trial judge both for plaintiffs and defense.” A third

lawyer added, “He was very good” as a trial judge; “fair to

both sides.”

Continuances

Interviewees agreed that Judge Farrell is fair about grant-

ing continuances for good cause. They noted, “If there’s

a good reason for continuing something, he will do it.

Otherwise he won’t. He’s fair”; “He can be tough, [but he

is] also compassionate when it comes to continuances and

things”; “I think he is open to continuances upon a showing

of good cause. I did not see that he was hardnosed about

giving continuances”; “He is fair on continuances. He would

accommodate legitimate problems”; and “If you need a con-

tinuance, you’ll get a continuance for good cause. But there

has to be good cause, within parameters. It can’t be, ‘I just

don’t feel like it now, judge.’”

Settlement

Interviewees said that while Judge Farrell isn’t one to

push for settlements, he welcomes them when the parties

reach an agreement. One attorney said, “I never remember

him pushing settlements. I’ve been in his chambers a couple

of times where we talked settlement. He certainly encourages

it. But I have never sat through a full-blown settlement con-

ference with him.” Another lawyer commented, “We settled

on our own. He didn’t have anything to do with it. But that’s

not a knock on him.” A third interviewee noted, “He was

open to a settlement if the parties agreed. But I never had an

extensive mandatory settlement conference with him.”

Proclivities

Judge Farrell is “probably on the conservative side, but

fair,” said one interviewee. Others agreed: “I think he’s con-

servative. My impression is that he is defense-oriented, but

not inordinately so. I would rather have a smart judge than

a liberal one. And he’s smart” and “He’s not a push over but

he’s fair.” One lawyer noted that the judicial district in which

he sits is conservative, but the judge himself doesn’t lean one

way or the other. “San Fernando has a reputation for being

defense-oriented,” the lawyer explained. “It’s a good place

for a defendant to try a case. You really have to sell a jury

in San Fernando. But I don’t think I would put that on any

particular judge there.” Judge Farrell is “fair.”

Summary

Judge Farrell has mastered the art of running a tight

courtroom in a cordial, pleasant way. All interviewees agreed

that he is a terrific judge. (01E)

FROM THE BENCH

Jury Selection

“I let attorneys ask questions. But I usually discuss it

with them shortly before the prospective jurors come in. I

usually give them some idea how long I think they should

take on the first 12, usually 20 or 25 minutes each, but it

depends on the type of case and the type of jurors.”

Trial

Judge Farrell requires trial briefs and renders tentative

opinions from the bench. He has occasionally allowed jurors

to ask questions and “wasn’t real happy with the way it

worked out. But if the attorneys want that, I’m open to it.”

Settlement

Judge Farrell says, “I try to settle cases if I can,” with

settlement conferences in chambers.

Likes/Dislikes

Judge Farrell says, “I like the attorneys to be professional

with each other, even if they don’t like each other and to

cooperate in getting the trial over so that jurors don’t have

to sit there longer than necessary. I think most lawyers do

that. If there’s a problem [with a lawyer’s conduct], I’ll tell the

lawyer that there’s a problem.”

FASEL, Frank F.

Temperament/Demeanor

One interviewee said Judge Fasel is “a person who I genu-

inely enjoy being in front of.” Some interviewees said Judge

Fasel is known for sometimes losing his temper, but that

hasn’t changed their estimation of him as a top-notch judge.

“He has very good demeanor. He has always been very cool

and under control when I’ve been in his court. I’ve never seen

him lose his temper,” said one. Another interviewee, who

“loves” Judge Fasel, said he has a “high boiling point, but

once he blows, watch out.” Another interviewee said, “I have

heard that he has a temper, but I have never seen it. He has

never lost his temper with me in his courtroom, but I am not

one to bait him.”

Intelligence/Knowledge

Judge Fasel “knows the Evidence Code and the law as

well as anybody,” a criminal defense attorney said. A pros-

ecutor added, “He was actually a prosecutor, so he actually

had some knowledge of criminal law. He is well learned on

the law.” Another attorney said Judge Fasel is “very thought-

ful, very smart and very experienced.” Another called him

“very solid” on the law. He also “makes an effort to stay up

on the law” and is “very much up to speed.”

On Motions

Judge Fasel is “fairly conservative on evidentiary rulings

and things of that nature,” and is “a bit more of a stickler”

for handling motions by the book than some other judges,

said a criminal defense lawyer, who nonetheless “likes Fasel

a lot.” Another defense attorney agreed that he “gives both

sides a fair hearing” and “definitely listens to both sides.” A

prosecutor who tried a capital case in Judge Fasel’s court

noted that his insistence on adhering to the rules of proce-

dure serves a purpose. “He did an excellent job of protecting

the record, and making a good record. In the death penalty

appeals that are still years in the making, when it is reviewed

by the California Supreme Court and other courts, they will

find an excellent record.”

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