Judge Ben H. Hadfield

First District Court

Brigham City

1. Thoughts on courtroom protocol:

• Lawyers may examine witnesses from counsel table or from behind the podium. Please ask the court's permission to approach the bench or a witness.
• Dress should be appropriate for counsel and their clients. Advise clients: no sandals, tanktops, cutoffs, etc. Also, please ask clients to leave small children at home.
• Counsel should address all remarks to the court and not to each other.
• Non-lawyers will not be permitted to sit in front of the bar, except for clients.
• The court strives to be on time for hearings and counsel are expected to do likewise.

2. Things lawyers do that are particularly helpful:

• Come to court well-prepared. Never underestimate the importance of preparation. Impressive credentials and reputation are not visible in a courtroom, preparation is. The fact you have taken time to review this web site suggests you are the type of conscientious attorney with whom I enjoy working.
• I appreciate, but do not require, courtesy copies of memoranda. These should be delivered to my clerk at least forty-eight hours before a scheduled hearing. You may include copies of the most important decisions referenced in your memoranda. Please highlight the language in the decision that is pertinent.
• A lawyer who behaves as a professional and is courteous is always appreciated.

3. Things lawyers do that are not helpful.

• Please avoid over-length memoranda. Permission to file over-length memoranda is usually granted, but never granted with pleasure.
• Do not allow the dispute to degenerate to personal animosity between counsel. I try very hard to make decisions on the merits. However, I have never consciously rewarded an attorney for reducing a dispute to a personal level. Be professional.
• Do not "grandstand" for the client. Occasionally, an attorney presents a case to his or her own client, rather than to the court. While the client may enjoy the performance, they often do not like the results.
• Please do not approach or attempt to talk with the clerk while court is in session. She is busy operating video recording equipment, tracking exhibits and preparing a minute entry.

4. What lawyers should know about motions practice in my court:

• I usually have no knowledge that a motion is pending until such time as counsel file a notice to submit. This document is the triggering device for placing the motion and memoranda on my desk. Please follow CJA 4-501.
• Oral arguments should be a supplement to the memoranda. Please do not restate the entire memo in your argument. Focus instead on what you perceive are the key issues.

5. My impression of an effective advocate on motions practice is one who:

• Is well-prepared and is willing to concede those areas where counsel's case or argument is weak.

6. What lawyers should know about jury trial practice in my court:

• Motions in limine should be filed prior to the beginning day of the trial. Only in exceptional circumstances will I consider a motion filed on the morning of trial.
• Please arrive early on the first day of trial. I like to meet with counsel for a few minutes prior to the 9:00 start of trial.
• A seating chart for the purpose of preparing a jury chart will be provided at counsel table. A list of the jury panel is always available twenty-four hours prior to trial.
• I conduct the majority of voir dire, but I allow some follow-up questions by counsel. The purpose of voir dire is to assist in selecting a jury which is fair and impartial. Counsel should avoid attempting to use this phase of the trial to engage in advocacy
• Proposed jury instructions should be submitted well in advance of trial. Standard instructions from the Model Utah Jury Instructions for Civil Cases may be requested simply by number.
• Exhibits should always be premarked by the clerk. Make arrangements ahead of time with the clerk if you have an unusual number of exhibits to be marked. If new exhibits arise during trial, please try to have them marked at the break and always give a copy to opposing counsel.
• We start each morning at 9:00 a.m. We will break for approximately fifteen minutes at midmorning, take a lunch recess from noon until 1:30 p.m. and a fifteen minute recess approximately midafternoon. If a case is close to completion, I will provide the jury with dinner and continue the case into the evening.
• I expect counsel to make reasonable accommodations concerning scheduling of witnesses, especially expert witnesses. However, "down time," when the jury is simply cooling its heels, will not be allowed.

7. What lawyers should know about bench trial practice in my court:

• The quality of exhibits and summaries is much more important that the quantity. I have a preference for courtesy copies of both exhibits and memoranda. If provided, these are the documents which I read and work from. I scribble notes in the margin, highlight or underline certain things, and refer to these copies at the time I formulate a decision.
• Use cross examination appropriately. Cross examination is not a substitute for discovery. Counsel should be realistic about what they hope to accomplish through cross examination.

8. My clerk wants you to keep these things in mind:

• If counsel reach a settlement, a hearing or trial will not be canceled until the settlement papers have been received at the court and signed by the judge. This means if counsel settle the case the night before trial, they must appear in court on the day of trial with clients, and make a record of the settlement. In criminal matters, I do not accept a plea bargain which is presented after the final pretrial conference.
• Counsel may appear by telephone for scheduling or status hearings, unless specifically requested to appear. Counsel should connect the call with opposing counsel and then contact the court at the scheduled time. You may wait on hold for a few minutes, but this is at most only a fraction of the drive time being saved.
• Trial settings are usually confirmed with counsel in open court. Once this has occurred, a stipulation of counsel is not sufficient to continue a trial. An Order granting continuance must be submitted and signed by the court.

9. Clerk's name and phone number:

• Chris Jeppesen: (435) 734-4617

10. Other comments or suggestions:

• Thank you for taking time to review these materials!

 

Biographies of 1st District Judges