HCBA Lawyer Magazine Vol. 30, No. 3 | Page 25

S P E C I A L F E A T U R E by Mike Hooker - Phelps Dunbar LLP Continued from page 22 one thing, and we’re doing something totally different. The day-to-day job of a District Judge involves hardly any of the political concerns that they have. Q: You received your Federal Judicial Commission in 2019 and have been on the federal bench now for several months. What would you say is the biggest difference between serving as a State Court Judge and a Federal District Court Judge? A: The volume of cases is much, much higher in state court. I was literally in court every day in State Court ... not so in Federal Court. And the other thing is as a State Judge, you’re really almost totally on your own. You don’t have any staff other than your judicial assistant. With Federal Court, you have three law clerks, plus other staff attorneys that all help you. So as a Federal Judge, you’re almost managing a staff; as a State Court Judge, you are usually the only person on the front line. Q: Everyone knows that federal practice is much more paper-driven than State Court practice. What would you say are the pluses and maybe even the minuses of the federal approach? A: The pluses are that the issues are thoroughly researched and explained in detail. I’d say the minus is sometimes over-kill — it’s a simple issue, but the lawyers make it much more complicated than it really is. Q: You’ve already mentioned that you will oftentimes entertain oral argument even though usually in federal court, motions are decided solely on the papers. What determines whether you will hear argument on a motion? A: Well, so far, my practice has been to pretty much hold hearings on almost all motions that involve any kind of a legal issue or anything other than a “no-brainer,” like a simple motion for extension of time, or something like that. And I found that holding hearings actually saves me time because I’m able to talk with the lawyers about what’s really going on in the case and focus on the issues that they need to have answered so that they can move forward with the case. Q: Are there issues that are brought before you on a regular basis that you wished the lawyers would resolve on their own without judicial assistance? A: Yes, nobody likes discovery disputes. The Magistrates handle those. If I had to handle those, I would say that I would be frustrated with that. I think law can be practiced with a minimal amount of discovery disputes, and that’s always the struggle. Q: You’ve been on the state and federal bench for a combined total of about fifteen years now. How does a judge maintain good judicial temperament — what keeps you grounded? A: I think if you enjoy the job and you enjoy what you are doing, that’s not a problem — it’s not hard to stay grounded because you look forward to going to work every day. Q: I assume most judges don’t want to get reversed on appeal. Do you follow closely appeals of your rulings? A: I just assume everybody is going to appeal everything, and the only time I really pay attention to it is if it’s a reversal. And then I read it and find out what it was that I did wrong. What always surprises me about those cases though is the issue or issues that the Court of Appeals drills into is frequently something that we may only have spent a minute or two on. That’s what ends up being the main issue on appeal, but things that we may have fought at length about are not usually the issues that come back on appeal. Q: What advice would you give to a lawyer who might be thinking about pursuing a judicial career? A: I think it’s important to get experience in as many different areas of law as possible. It would be great to have civil and criminal, but if you can’t do that, at least whatever area you are in, to get as broad of an experience as you can. Because when you are a judge, you might be asked to do things you’ve never even heard of. Q: I noticed on your bio that you’ve been involved in the Cheatwood Inn of Court, the Smith Inn of Court, and also the Herbert Goldberg Criminal Inn. Do you think young lawyers should consider becoming involved in an Inn of Court? A: I think it’s a great idea ... not necessarily for the substantive programs, but just to meet people and see examples of older lawyers as good role models. Q: Judge, how have you been able to balance the demands of your career with your personal life? A: As a judge, you don’t have to be constantly worried about deadlines and client demands so it’s a lot easier to balance your personal life frankly as a judge than it was as a practicing lawyer. That’s being honest. Continued on page 24 Don’t Forget to Vote in Our 30th Anniversary Cover Art Contest! JAN - FEB 2020 | HCBA LAWYER 23