Judicial Profile

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

General Rules of Practice in this Division:  
 
1. Live by the Golden Rule - treat others as you would want to be treated. 2. Be respectful to everyone - particularly court staff. The morning calendar can be hectic, and the courtroom assistant needs to multitask. Be mindful of that.  
3. Be professional.  
4. Be prepared.  
 
I will have read everything that has been filed before the scheduled hearing date and time. If you file something within a week of a hearing, please e-mail a copy of your filing to my judicial assistant, Stephanie Pham (stephanie.pham@jbazmc.maricopa.gov) in advance of the hearing so that I may read it.  
 
The courtroom belongs to the public. Therefore, all are welcome. Please note that we are in the courtroom to conduct business related to the cases. We are not there to visit with any in-custody defendant or otherwise act in a way that interfered with the Court's ability to conduct business. I want everyone to be able to observe everything that happens in the courtroom. Please don't do anything that would cause the Judge or court staff to ask you to leave.  
 
PLEASE NOTE that when we are in trial, we must conclude all matters involving in-custody defendants by 9:45 a.m., and all other matters by 10:15 a.m. If your matter isn't called by those times, it will be vacated and reset to another day.

Pre-Trial Practice and Management Issues

Motion Practice

I prefer that all motions, responses, replies, and other filings in this be submitted individually. Do not combine any motion with your response to the other part's motion. All motions are to be filed separately.  
 
Please begin and end your motion by telling me exactly what you are requesting.  
 
ALL motions or stipulations shall be filed with proposed orders. If a proposed order is applicable to the motion, and it is not submitted with the motion, the Court reserves the right to reject your motion until it is accompanied by a proposed form of order.  
 
Motions to Continue/Vacate: The Court requires a written motion or stipulation to schedule, reschedule, continue, or vacate hearings. If you want a Motion to Continue to be addressed expeditiously, please reach out to the opposing party before filing the motion, and state the opposing party's position to your motion in the body of your motion. I cannot grant a Motion to Continue before knowing the other party's position.  
 
Oral Arguments: I will have read everything that was filed before any scheduled oral argument. Therefore, there is no need to simply repeat everything contained in your filing. I run oral arguments more akin to an appellate argument, but I will often bounce back and forth between the parties concerning a particular question. Each side will be given an opportunity to perfect the record.

Discovery or Disclosure Disputes and/or Sanctions

Meet and Confer: Counsel must try in good faith to resolve discovery disputes before bringing it to the Court. It is not enough to say you tried; the Court takes very seriously your duty to meet and confer and will expect you to demonstrate that you have done so.  
 
Dispute Resolution: If the parties want to expedite the discovery dispute, they may file a Joint Statement of Discovery Dispute similar to what is required by Rule 26(d) of the Arizona Rules of Civil Procedure. The Court strongly encourages the parties to follow this procedure, even in criminal matters. Otherwise, the dispute must commence with a Motion to Compel, or other appropriate discovery or disclosure motion. The Court will not set a discovery dispute hearing based on a telephonic or email request.  

Other Pre-trial Practice Guidelines or Comments

I am available to conduct settlement conferences in any case, be it one assigned to me or a different judicial officer.  
 
To schedule these, please contact my judicial assistant, Stephanie Pham: stephanie.pham@jbazmc.maricopa.gov; 602-372-2048.  
 
I typically set settlement conferences Monday through Thursday at 10:30a, 1:30p, and 3:00p. On Fridays, settlement conferences can be set at any time before noon.  
 
Please e-mail a settlement conference memorandum or anything else you want me to review prior to the settlement conference.

Trial Practice and Protocol

Trial Schedule

I rely upon the attorneys to tell me the estimate for the trial schedule. Therefore, I expect trials will conclude within your estimated trial schedule.  
 
We all need to be mindful of the juror's time. We ask them to spend time away from their family, job, and life, so we need to do our best to minimize any delays and maximize the use of their time. I expect that the parties are ready to begin at the scheduled time and have enough witnesses available to fill an entire trial day.  
 
I expect attorneys to use Case Center to manage trial exhibits. To register for an account, please visit: https://digitalevidence.azcourts.gov/Account/Register  
For any registration questions, please contact the AOC Support Center at (602) 452-3519 or (800) 702-7743 or email at pasupport@courts.az.gov.  
 
Training opportunities and training material are available. To view a complete listing of training options, visit:  
https://outlook.office365.com/owa/calendar/eCourtsTrainings@AZCourts.onmicrosoft.com/bookings/  
 
For additional information and training material, please visit:  
https://www.azcourts.gov/digitalevidence  
 
If an attorney, party, or witness require any accommodations (e.g., an interpreter), please advise the Court with as much advanced notice as possible prior to the scheduled trial or evidentiary hearing.

Jury Selection

I will use a jury questionnaire that will be distributed to potential jurors prior to our first scheduled day of trial. Therefore, once your trial is assigned to me, please provide me with your proposed jury questionnaire.  
 
If issues develop during trial that require the Court's attention, please advise the Court of same as soon as possible. The Court will then schedule the parties to meet with the Court prior to the start of trial so we do not unnecessarily keep the jurors waiting.  
 
The Court prefers to receive proposed jury instructions and verdict forms in Word format. These may be directly e-mailed to the Court. In this way, the Court is more easily and quickly able to make modifications prior to printing same for the jurors.

Trial Practice and Procedure

Please make sure that you set-up and test any technology you wish to use during trial. The Court encourages parties to schedule a time to meet with Court staff in the courtroom in advance of the trial in order to test your electronic equipment.  
 
Objections to questions should simply include the legal basis for the objection, e.g. "Objection, foundation." The Court will then, if necessary, ask for further clarification or argument. Kindly avoid speaking objections. Also, please do not respond to an objection before the Court rules on same or requests a response. Cross-talk between the parties is not permitted. If we need to have discussion concerning an objection or issue, we will do so at the bench, if it will be brief, or we will do so outside the presence of the jury if more time is needed.  
 
 
Admission of Exhibits: The Court will not grant blanket admission of all exhibits, even if you stipulate to their admission. You will need to separately offer any exhibits that are relevant to your case. This is important to remember, so you can include this factor when you are budgeting your time.  
 
Redirect Examination of a Witness: Pursuant to Rule 611(a) of the Rules of Evidence, the Court limits redirect examination of a witness to issues that were raised during cross-examination of that witness.

Courtroom Etiquette

The Court will treat everyone that comes into the courtroom with dignity and respect. The Court expects the same from everyone who enters the courtroom.  
 
Therefore, please do not interrupt the other side (except for objections) when the other side is speaking. The Court will give you an opportunity to respond, if required, and provide the Court with your perspective. Also, please direct your comments to the Court. Do not respond directly to the other party or counsel - unless specifically directed to do so by the Court.  
 
In addition, gratuitous non-verbal communication is extremely disruptive, not appreciated by the Court, and may negatively reflect upon your demeanor and credibility.  
 
Cell phones should be silenced in the courtroom.  
 
Appropriate attire is expected.  
 
Litigants and attorneys may have covered beverages at counsel tables during hearings.  
 
Attorneys and litigants are expected to conduct themselves in a professional manner when dealing with all court staff, be it by phone, email, in person or otherwise. Neither conversations with judicial staff nor the courtroom are places for the parties and/or their attorneys to launch personal attacks on each other. Be courteous to one another. If there is something you really want the Court to hear, wait your turn. Don't talk over each other. I can only hear one person at a time. Please address all comments to me and not the opposing parties and attorneys.  
 
Attorneys are free to question witnesses from their table or from the podium, at your discretion. You are free to stand or sit during your examination of a witness, at your discretion. Please always ask for permission to approach the witness every time before you head over to the witness stand. This is mainly to provide the witness notice that you will be physically moving towards them.

Other Courtroom Policies and Recommendations

Once a trial is assigned to this Division, the attorneys are free to directly e-mail the Court with issues, jury instructions, verdict forms, trial memos, caselaw, etc. Any such e-mail shall also be simultaneously sent to all opposing counsel.  
 
On a related point, the parties or their lawyers should not copy the court on their email spats.  
 
If something has been pending and you have waited for a reasonable amount of time but have not heard from us, please reach out to my staff. Keep in mind, however, that we often have to allow time to pass before we act, to give the opposing party a chance to respond or for a variety of other reasons. My staff works very hard. Please be courteous to them.  
 
Each Court hearing is video and audio recorded by the Court. Parties, guests, witnesses, or other members of the public are prohibited from recording the Court hearings or from taking pictures in the courtroom - or courthouse. Exceptions are made, generally for the media, with advance notice and permission of the Court, in compliance with the Supreme Court Rules.  
 
Anyone who records or photographs court hearings without prior approval of the Court may be subject to involvement with Court security and contempt proceedings.  
 
VIDEO-CONFERENCE HEARINGS ARE STILL COURT HEARINGS. They are done for the convenience of the parties and to lower the costs and fees for the parties. HOWEVER, PLEASE NOTE THAT SUCH HEARINGS SHOULD BE TREATED LIKE ANY IN-PERSON COURT HEARING. THEREFORE, THE COURT EXPECTS ALL PARTIES AND COUNSEL TO COMPORT THEMSELVES BOTH IN BEHAVIOR AND IN MANNER OF DRESS AS THEY WOULD FOR ANY IN-PERSON COURT HEARING. ANY PARTY THAT VIOLATES THIS DIRECTIVE MAY RESULT IN A COURT MANDATE THAT ALL HEARINGS IN THEIR CASE SHALL BE IN-PERSON FROM THE DATE OF VIOLATION FORWARD. FURTHERMORE, THE COURT RESERVED THE RIGHT TO RESCHEDULE ANY HEARING OR TO REMOVE ANY PARTY FROM A VIDEO-CONFERENCE HEARING IS SUCH PERSON ENGAGES IN DISRUPTIVE AND OTHERWISE CONTEMPTUOUS BEHAVIOR.  
 
NOTE: THE RECORDING OF A REMOTE HEARING WITHOUT THE PRIOR ORDER OF THE COURT VIOLATES ARIZONA SUPREME COURT RULES 122, 122.1, AND 123. A VIOLATION OF THESE RULES MAY RESULT IN A FINDING OF CONTEMPT.