1. The proceeding shall at all
times be conducted in a dignified and formal manner. Courtesy shall be exhibited
by everyone to everyone in the courtroom. At all times, communication in the
presence of clients and witnesses shall be conducted with respect and courtesy.
2. When addressing the court,
counsel is reminded as follows:
a. Ask permission to address the court by prefacing
remarks with the phrase "May it please the court."
b. Stand when addressing the court. It is recognized
that some judges may have different policies on this issue. To be certain, check
with the court's tip staff, law clerk or secretary to ascertain the particular
judge's policy.
c. At the beginning or each proceeding, the moving
party's counsel should identify themselves and opposing counsel, identify the
proceeding and state whom they represent.
d. Lawyers should directly address the court and
witnesses.
e. Extraneous comments are to be discussed outside the
presence of the court and the jury.
f. Lawyers are expected to stand when addressing and
conducting voir dire of a jury.
g. If making objections, stand and state a brief
reason for the objection. If it is necessary to expand the record after an
objection during a jury trial, lawyers should request they be permitted to
approach the bench and quietly, out of the hearing of the jury, state their
reasons. No argument should be presented in front of the jury.
h. Request permission to approach the bench before
doing so. While at side bar, lawyers must stand in a dignified manner,
recognizing they are in view of other participants in the proceeding.
i. Lawyers must make certain their voices are heard
and assure that witnesses can also be heard.
3. Lawyers must avoid
initiating conversation with jurors who have served on a jury in a case they
were trying.
4. All participants should
avoid admonishing anyone or making disparaging comments or actions to anyone in
the courtroom.
a. Participants shall not, by their facial
expressions, nodding, or other conduct, exhibit any opinion, adverse or
favorable, concerning any testimony or other behavior that is presented.
b. Both judges and lawyers must be cognizant of the
effect of gender specific terms when addressing others included in the judicial
process since such language tends to degrade the recipient in the eyes of all
participating.
c. In addressing a witness, opposing counsel, clients
or the court, their title should always be utilized. For example, use Mr., Mrs.,
Ms., Dr., Your Honor, Attorney, etc.
d. Counsel or the court may request that a side bar
conference may be held to discuss any inappropriate conduct of this nature.
5. Lawyers, even if they
disagree with an approach taken by the court, must always protect the dignity
and independence of the judiciary, particularly from unjust criticism and
attack.
6. All cell phones and beepers
shall he turned off while any person is in the courtroom or in chambers.
7. The court
staff is not permitted to assist any attorney or attorney's assistant without
permission of the court. Copying of documents, faxing documents, use of
telephones, etc., should be done at the attorney's office. The attorney, and not
his or her staff, is responsible for seeking the court's permission.
8. The practice of
standing for the jury will no longer be used after January 1, 2004, and
participants shall only stand for the judge.
