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Judge Cara Lee Neville
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| Education: |
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1975 JD William Mitchell College of Law |
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| Recent Career: |
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1986 Judge, Hennepin County District Court
1983 Judge, Hennepin County Municipal Court
1978 Assistant Public Defender, Hennepin County
1972 Hennepin County Attorney’s Office (Felony Division) |
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| Elevated to Bench: |
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Appointed by Governor Rudy Perpich to Municipal Court in 1983.
Appointed to District Court in 1986.
Elected in 1988, 1994, 2000 and 2006. |
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| Previous Assignments: |
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9/1983 to 1/1986
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Criminal
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2/1986 to 12/1992
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Civil Block and Criminal
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1/1993 to 12/1995
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Probate/Mental Health Presiding Judge
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1/1996 to Present
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Civil Block and Criminal
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Current Assignments:
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Civil Block and Criminal |
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More information on this Judge is available from the District Court Website
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| The Judge's Civil Courtroom Procedures and Advice |
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1. What are your preferred procedures regarding motion practice?
Motions are heard weekdays at 8:45 a.m., 9 a.m., 1:15 p.m., and 1:30 p.m. Exceptions are made for earlier times in the a.m. and during the noon hour if needed. [The judge's weekly assignment varies. While assigned to the suburbs, only short motions (15 min. or less) may be heard at those locations.] Motions to compel may be heard via telephone conference if the issues are relatively simple and can be resolved within 10 minutes or less and the parties agree. Otherwise, counsel shall set up a formal hearing, giving required notice to opposing side. Send one courtesy copy of all motion papers directly to judge's chambers and file the original with the Clerk of District Court.
2. What are your preferred procedures regarding hearings?
Motions are held in the courtroom with a court reporter present. Occasionally, the court may hold a hearing in chambers via speakerphone or conference call when parties agree, generally with a court reporter present. Arguments are generally limited to 10-15 minutes per side. Pretrial settlement conferences are held in chambers, and only recorded if a settlement is reached.
3. What do you expect the attorneys to have ready at the pretrial conference?
Clients, claims adjusters and the attorney who will actually try the case are to attend. Counsel should come with clients prepared to attempt to resolve the case. Counsel should make clients aware of the likelihood of success on the merits if tried, balanced against settlement demand and offers. Counsel should have calendars to set a trial date if needed.
4. At what point to you expect the parties to undertake ADR, if at all?
All cases, with minor exception, are referred to ADR prior to a settlement conference or trial. Generally, parties either agree to submit the case to mediation, or the court will select arbitration. Parties may mutually agree upon a mediator.
5. At what point, if any, do you encourage the parties to settle or to exchange settlement offers/demands? Does that vary by type of case (personal injury, family, criminal, etc.?)
Settlement is always encouraged by the court--the sooner the better. The court believes expenses of discovery and preparation should be kept to a minimum. If the parties can attempt to resolve the case early on, it is best for everyone.
6. Do you require that a person with ultimate authority to settle be present at settlement negotiations?
Yes, as mentioned above--trial counsel, parties and claims adjusters must be present.
7. How do you expect the parties to handle discovery disputes (including calling you for a ruling during a deposition)?
The court believes counsel should be able to resolve most discovery disputes on their own. The court may hear the matter informally by phone first to see if it can be resolved. (A brief letter outlining the dispute is requested by the court prior to the call.) If a formal motion is required, a courtesy copy should be sent to the judge. It is often obvious that one side is not complying with discovery, or attempting to be difficult. These types of matters should be resolved by counsel. The occasional call during a deposition is handled ASAP by the court depending on availability.
8. Do you conduct hearings and motions by phone? If so, please describe the procedure you would like attorneys to use to do so, including how testimony is to be transcribed and who puts the teleconference together.
(See 1 and 2 above) Yes. The attorney requesting the phone conference is asked to arrange the conference. Sworn testimony is not usually taken by phone.
9. Do you have any preferences for courtroom decorum (including but not limited to cell phones, pagers, passing notes, communicating with others at counsel table, water/beverages at counsel table, approaching the witness, courtroom attire)?
All cell phones, pagers, and electronic devices should be deactivated before entering the courtroom. Court follows courtroom decorum. Water is available to counsel at table. Clients should be informed by counsel of proper etiquette, including comments, gestures, etc. Please stand when addressing the court and ask to approach either the court or a witness, before doing so.
10. When, if ever, would you consider issuing sanctions, formal reprimands, holding an attorney in contempt, or reporting an attorney for unethical behavior?
If the case warrants, the court will award attorneys' fees to a prevailing party for a frivolous motion or cause of action. Additionally I have, albeit rarely, referred a case to the Board of Professional Responsibility for review upon circumstances where I felt it my ethical obligation to do. As each unique situation arises, the court must decide within its discretion what is the proper route to take. These types of occurrences are fortunately the exceptions and are very, very rare.
11. Under what circumstances do you accept ex parte communications from counsel? Do you consider an attorney's communication with your clerk a potential ex parte communication?
Parties may contact my clerk to schedule hearings, check the trial status of a case, and for general procedural and housekeeping matters. Ex parte communication with the court is not allowed.
12. What is your practice with granting continuances and under what circumstances would you consider granting one?
Continuances for trial are not usually granted, but the court may allow a continuance if counsel agree, and the case falls within 1 to 1.5 years old from time of filing. trial date. If there are extenuating medical issues, the court will also extend the time needed, to accommodate parties for trial. Family emergencies, medical issues, are reasonable requests
13. With respect to oral argument, do you prefer an attorney to assume you have read the supporting memorandum and exhibits and not reiterate written material?
I prefer counsel to highlight and emphasize main points of their argument and not just read their already read briefs. The court will usually have read all of the briefs, but let you know if it hasn't. The court may request special direction to a particular issue, for clarification. It is best to keep arguments brief. (The court has a daily assignment to handle, aside from motions.)
14. What do you consider to be the basic requirements of good oral argument (including the amount of time appropriate for oral argument)?
See 13.) Each side should be limited to 15 minutes (2 parties). The court tries to limit discovery hearings to 15 minutes; summary judgment motions to 30 minutes (total); misc. approvals, etc. to 15 minutes. A daily assignment is usually waiting for the court to start, so times may vary. Please submit copies of important cases cited to the court. Good oral argument is concise, to the point and speaks to the logic and reasoning of the case, rather than by hyperbole and string cites.
15. What preferences do you have for jury trials? How do you prefer voir dire to be conducted?
Counsel should "agree" on a paragraph to read to the jury at the start of trial. Exhibits should be pre-marked (and reviewed by all counsel) before trial begins. 1 week before trial, the witness list, exhibit list, jury instructions and motions in limine should be submitted to the court. The court commences preliminary questioning of the jury panel, then turns it over to trial counsel for questioning usually upon agreement of counsel. Use both civil and criminal methods. No wandering or speaking objections. Simply "objection" and the grounds in the rules is sufficient. If court tells the jury to return at 1:30, the court will try to be available at 1:15 for any loose ends that need to be covered.
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| The Judge's Criminal Courtroom Procedures and Advice |
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1. What are your expectations of attorneys (both defense and state) at arraignment?
Be efficient. Try to have talked to your client ahead of time if possible. Have your calendar to set dates.
2. What do you see as the bench’s role in settlement at the pretrial stage?
To facilitate a fair disposition rather than to just churn out cases or set for trial.
3. If so, what limitations do you place on ex parte contacts with your staff?
May contact staff to set dates, request modifications or clarification of sentences.
4. When a matter is assigned to you for trial, do you attempt to facilitate settlement before beginning trial?
Yes.
5. When in trial, what hours do you normally use for the trial itself (including breaks and lunch recesses)?
Court generally starts at 9:00 or 9:30 (depending on motions scheduled) and goes until 12:00 or 12:15 p.m., with a mid-morning break. In the afternoon, it starts at 1:30 or 1:45 p.m. and goes until 4:30 or 5:00 p.m., with a break midway.
6. What policies do you have concerning weapons, firearms and ammunition exhibits in the courtroom?
Notify court and staff before bringing into courtroom. Bring in boxes and have trigger locks, wrapped blades, etc. Ammunition is to be kept separately from firearms. Ask staff to request glass box casing for weapons if appropriate. Always have weapons pointed down and away from jury. Have expert or other witness ensure firearms are unloaded before they are presented.
7. What policies do you have concerning drugs and other sensitive exhibits in the courtroom?
Latex gloves are to be used if handling bloody items. All clothing is to be bagged if possible. Exhibits are kept in the custody of the clerk, and locked up when court is not in session.
8. Do you have any other specific policies concerning exhibits?
(See above.) Weapons are often enclosed in a locked case.
9. When do you discuss proposed jury instructions with attorneys?
Second day of trial.
10. What are your policies concerning jury sequestration?
Rarely sequester the jury panel.
11. Do you have any specific policies or practices concerning pre-sentence investigations or sentencing?
Not really--all attorneys should have their own copies and should read prior to any sentencing or chambers conference that precedes the sentencing.
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| Judicial Profile from The Hennepin Lawyer (61:3:12) |
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Cara Lee Neville
Originally published in the January/February 1992 issue.
Author: Michael L. Perlman
Intelligent. Involved. Indefatigable. If Hennepin County District Court Judge Cara Lee Neville were a candidate for a political office, these adjectives might deservedly appear on her campaign literature. While Judge Neville is not planning a career change, last October she assumed the prestigious office of President of the National Association of Women Judges, a 1,000-plus member organization of federal and state court judges, justices, and ALJs from all 50 states. Founded in 1979, the Association is heavily involved in developing curriculum and programs that can be used as teaching tools for members of the bench in areas of bioethics, reproductive technology, child support, women in prison, and violence in society. It has also spawned an international association of women judges.
As president of the NAWJ, Neville is in constant demand for appearances at national seminars, conferences, and even network television programs. In the first few months alone, she taught a one-week trial skills class at Harvard University, moderated a panel on bio-medical issues for the Minnesota District Judges Association, participated on a panel on legal ethics in Annapolis, Maryland, appeared on both a local TV show and a network news program in Chicago, and participated in a conference on violence in Kansas City. She lectures frequently at CLE programs nationwide, mostly for the American Bar Association.
Neville is refreshingly candid and outspoken about her views regarding legal and societal issues of the day. When asked about ways in which the legal system could improve its response to domestic violence and sexual abuse against women and children, she remarked that there is a considerable problem with the number of cases that end up dismissed without a trial on the merits. She commented that "women who are caught in the battered woman syndrome have a very difficult time getting out of it, and offenders often do not receive the treatment or education they need at an early age. We need to tak ie the issues of family violence more seriously. We need to better educate and sensitize the public and the professionals that work with victims and alleged offenders while zealously guarding the constitutional rights of each." On a national level, Neville feels that we need better support services for women and better treatment programs for offenders. The problem, says Neville, is that there is not enough money available to do the job. Referring to a newspaper article quote from the American Medical Association that, because of domestic violence, "the home has become more dangerous for women than city streets," Neville advocates for greater emphasis on counseling of children who are exposed to family violence in an effort to hold down the eruption of violent behavior in later years, manifested for example, in date rape, battering of girlfriends, and intrafamily violence, including elder abuse. Earlier intervention suggests Neville, might help foster healthier marriages, families, and child-rearing practices.
On the issue of sexual harassment, Neville believes that progress has been made. When asked her opinion about the Clarence Thomas confirmation hearings and the testimony of Anita Hill, Neville observed that "the positive that came out of it was that it gave the nation an opportunity to focus on the issue of sexual harassment and discuss it openly. The unfortunate part was that it occurred in the context of a United States Supreme Court appointment." Is there a balanced representation of women in the legal profession? "That depends on the area," noted Neville. "In the public sector, I would say yes, but in private practice, no." The NAWJ is continuing its work to eliminate gender bias in the courts through gender bias task forces, nationally, and Neville notes, with pride, that Minnesota lawyers serving on gender bias task forces are leading the way to better conditions throughout the country, not only in areas of bias against women, but against men as well.
While serving her one-year term as president of the NAWJ, Neville maintains her normal schedule as a trial judge in Hennepin County. Appointed to the municipal court in 1983 and the district court in 1986, Neville finds that the most enjoyable part of her work as a judge are trials, both civil and criminal. From a procedural point of view, the part of the job she dislikes most is civil case settlement conferences and inadequate chamber time to read or write. On a personal level, Neville cites isolation from lawyers as a difficult aspect of being a trial judge. "Lawyers act differently toward judges, and you feel the distance," she says. However, this comes with the territory because a judge must maintain impartiality in discharging her duties, she notes.
To stay in touch with lawyers and current issues, Neville has always been active in bar association activities and teaching. The list of her involvements is a lengthy one, to say the least, but a sampling would include the following: first woman president of the Student Bar Association at William Mitchell College of Law; executive director of the Minnesota Trial Lawyers Association, 1974-75; Outstanding Young Woman in Minnesota, 1977; president of MTLA prior to her appointment to the bench; MSBA delegate to the ABA House of Delegates; Fellow, American Bar Foundation; past director, Minnesota Bar Foundation; Board of Governors of the ABA; Criminal Justice Section, National Task Force on Drugs; International Criminal Law Committee (ABA); Board of Governors, Minnesota State Bar Association; Board of Directors, Women Judges’ Fund for Justice; and the HCBA. The list could go on. She also recently completed a term as chair of the Hennepin County District Bench Civil Law and Civil Case Flow Management Committees.
Neville is the mother of two sons—Michael, 14, who is in 8th grade, and Joshua, 11, a 4th grader. An avid equestrienne in her "leisure" time, the judge and her sons raise, buy and sell show horses.
When asked if she had any special message that she would like to share with the Hennepin County bar, Neville did not hesitate—"Civility among attorneys. I am concerned about the lack of courtesy between counsel, agreements that are not kept, and accusations of unethical conduct by attorneys against their colleagues. It would also be nice to see some support for the bench. The judiciary is trying very hard to make the system work. We really are working hard."
Working hard comes naturally to Judge Cara Lee Neville.
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