Protocol and Practice of Persons Appearing in the Court of Judge Mark H. Brain

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

It is useful to know your audience. In that regard, I spent 18 years as a civil litigator, handling both commercial and personal injury disputes. Upon joining the bench, I spent 4.5 years at juvenile court, handling delinquency and dependency cases. I then spent 4 years on a civil calendar, 4 years on a criminal calendar, and 3 years on a family calendar. I am comfortable with scientific and technical matters, having been awarded a B.S. in Physics.  
My courtroom operates under two rules which admittedly are not part of the Rules of Criminal Procedure, but are among the best rules ever written. First, Rule 6 of the Rules of Procedure for the Juvenile Court provides that proceedings "shall be conducted as informally as the requirements of due process and fairness permit..." Second, former Rule 80 of the Arizona Rules of Civil Procedure provided, "Trials shall be conducted in an orderly, courteous and dignified manner. Arguments and remarks shall be addressed to the court, except that by permission of the court counsel may make proper inquiries or ask questions of opposing counsel."