From the Bench, 1216 WYBJ, Vol. 39 No. 6. 10

• Author: Hon. Timothy C. Day, Ninth Judicial District Court Judge.

From the Bench

Vol. 39 No. 6 Pg. 10

Wyoming Bar Journal

December, 2016

Hon. Timothy C. Day, Ninth Judicial District Court Judge.

Six Suggestions to Help Your Judge, Your Client and Yourself

“As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough.”

~ Abraham Lincoln, Notes for a Law Lecture (July 1, 1850) from The Collected Works of Abraham Lincoln

In nearly fourteen years on the bench, my experience is that the vast majority of judges try very hard to do the right thing— to ascertain the facts, to determine the law correctly and apply it evenly, and to treat litigants fairly. But as dockets get jammed and caseloads burgeon, we need your help more than ever to accomplish our collective mission of seeking justice. For your consideration, I offer a smattering of suggestions.

Get the Benchbook

Well, not get it, but read it. You can find links to each court’s benchbook on the Wyoming Judicial Branch website. There is not always much uniformity in procedures and accepted practice among the various courts (you noticed?). Your review of the benchbook of a particular judge can assist you in efficient and effective practice before that court, and perhaps lead to insights as to what the judge thinks is important. Tat can only help you and your client, as well as the judge.

As a General Rule— U.R.D.C. 801

There is no more cogent statement of professional standards for adjudicatory proceedings than that found in Rule 801(a) of the Uniform Rules For District Courts. It is rarely necessary to use this Rule as a basis for sanctions due to the generally good conduct and practice of our Bar. However, following the Rule faithfully (e.g., per 801(a)(7) by consulting with opposing counsel meaningfully, not cursorily, before fling a motion) will capture the notice of your judge and lead to efficient outcomes and a more satisfying experience for all involved. I commend the Rule for your periodic review.

Elements Are Elementary

Prosecutors have to prove each element of an offense to gain a conviction. But you need not be a prosecutor to organize your case by the elements you need to establish in order to gain the relief you seek. Whether you are seeking to establish a guardianship, a conservatorship, a trust, or fling a probate action, or asking for a temporary restraining order or preliminary injunction, or seeking a divorce or child...