Back to Top

TRIAL PROCEDURES
Respect the time, integrity and intelligence of the jurors.

• Be Punctual.  The schedule will be announced in court for the following day.  Tell the clerk, reporter or judge of any time conflicts.  Don’t be late, but if you are going to be late, please call.
   
• Be Respectful.  The clerk, court reporter, all parties, witnesses, counsel, and courtroom deputies will be treated with dignity and spoken to respectfully.
   
• Be Candid with the Court.  Whenever possible, inform the Court (and opposing counsel) of any evidentiary issues you expect may arise, as well as any scheduling or other concerns you have.
   
• Witness List and Witnesses.  Before trial, the parties shall exchange and provide to the Court and the court reporter a correctly spelled list of all witnesses who may be called.  Please inform your potential witnesses about the courtroom layout and the questioning process.  Do not, of course, tell them what to say (other than the truth).  Tell your witnesses that they may have their photo taken by court staff only for possible use by the jury during deliberation; the photos will be discarded after the jury has completed its service.  Ensure you have sufficient witnesses available to proceed should cross-examination not take as long as anticipated.
   
• Exhibit List and Exhibits.  Provide an exhibit list to the Court and opposing counsel before trial begins.  Also before trial, provide opposing counsel with copies of all documents to be offered as exhibits.  As exhibits are offered into evidence, provide a courtesy copy to the Court.  Please have exhibits pre-marked.
   
• Recordings.  No audio or video recording will be received into evidence unless the offering party has provided a transcript to the opposing party and the court reporter for inclusion with the record.  The court reporter will not interpret or transcribe the contents of any recording.  All objections to the transcript and the recording must be resolved before the exhibit is offered.  The offering party must arrange for playback equipment.
   
• Firearms.  If you believe a firearm may be introduced as evidence, inform the Court before trial begins.  There is a separate instruction sheet involving firearms in the courthouse.
   
• Jury Selection – General Process.  Voir dire will not be reported unless specifically requested by a party.  Twenty-one (felony) or fifteen (misdemeanor) prospective jurors will be called.  The Court will examine all the jurors.  (If either party wishes the Court to ask a particular question which the party believes would be best asked by the Court, the party should submit the question to the Court and opposing counsel prior to the jury being called.)  The defense will then examine all jurors, followed by the State.  If the defense wishes to exercise any for-cause strikes, it does so.  If not, it passes the jury panel for cause.  The State then exercises any for-cause strikes or passes the jury panel for cause. 
  
  If less than the above number of prospective jurors remain, additional jurors will be called.  Any new juror will go to the “end of the list” in the order called.  The newly called juror will be questioned in the same manner as before, with strikes for cause exercised as before.
  
  Peremptory challenges will be made by the parties exchanging the jury list.  The defense shall have five peremptory challenges, and the State shall have three peremptory challenges – with the defense beginning the process with two strikes and ending the process with one.  Each party shall mark their strike to indicate who is striking the prospective juror, and the order of the strike (e.g., D1, D2, P1, D3, P2, D4, P3, D5).
   
• Jury Selection - Questioning.  The purpose of voir dire is to discover possible bases for challenges for cause against individual jurors.  It is also intended to allow each party to make an informed choice with regard to peremptory challenges.  The right juror is both willing and able to be neutral, open-minded, and fair.  An ability to be impartial is the primary concern.  The test of an impartial juror is not that s/he shall be completely ignorant of the facts and the issues, but that s/he can lay aside her/his impressions or opinions and render a verdict based on the evidence presented in court.  The Court has the right and the duty to ensure that voir dire inquiries are reasonable.  The Court will restrict or prohibit questions that are repetitious, irrelevant, or otherwise improper.
  
  The Court will not permit jury selection to be a never-ending process.  The Court will ask general questions of the entire panel to try to identify any potential bases for strikes for cause.  The Court will limit questioning by counsel as appropriate.  Attorneys may ask only questions that directly and clearly relate to the purposes of voir dire (and must not do so in a manner that simply asks each juror, in order, the same repetitive questions – juror follow-up shows that jurors do not like this approach

Attorneys may not ask questions that:

• Examine jurors as to their understanding of the law. Are intended to predispose jurors to be in favor of or against a party, a witness or some aspect of the case.
• Ask jurors to put themselves in the place of the Defendant, party or victim.
• Ask the jurors to commit themselves to vote in a certain way or to take any position before they hear the evidence.
• Comment upon possible punishment.
• Attempt to present evidence.
• Repeat questions previously asked to which clear and complete answers were given.
• Concern plea/settlement efforts.
•  Violate the privacy of the jury panel.
•  Violate a juror’s equal protection rights (e.g., race, gender, age, religion).

• Standing and Use of Podium.  Parties, including the Defendant, shall stand whenever the jury or the judge enters or leaves the courtroom.  Additionally, counsel shall stand at the podium when addressing the jury during Opening Statement and Closing Argument.  Counsel may stand at the podium when addressing the jury panel during voir dire.  While the Court would prefer questioning of witnesses to be from the podium, that is in counsel’s discretion.  Counsel shall stand at the podium or counsel table when addressing the Court – counsel may remain seated when making an initial objection, but stand if asked by the Court to address the objection in more detail.
   
• Opening Statements.  Obtain prior Court approval of any exhibits to be used.  Do not argue your case.
   
• Objections.  Do not use speaking objections.  State the objection, the legal basis for it and wait for a ruling.  Do not immediately respond to an opponent’s objection – let the Court consider the objection and invite your input.  Do not argue with the Court or opposing counsel.  If requested, approach the bench for further discussion – bench conferences will be kept to a minimum and will not be recorded (any argument or preservation of items for the record will be made at times the jury is not in the courtroom).

Common objections appropriately stated (with the preferred objection in bold):

Foundation Leading Argumentative Relevance (Rule 402) Hearsay (Rule 801)	Undue prejudice (Rule 403) Character (Rule 404) Lack of personal knowledge (Rule 602) Beyond the scope (Rule 611)

• Questioning Witnesses.  Do not testify.  Do not instruct a witness how to answer the question.  Do not editorialize about or repeat the answers.  If a witness provides inappropriate racial comments or editorials, immediately interrupt your witness to correct inappropriate testimony – the Court will do so, if you do not.  (If you believe such testimony is relevant for some reason, please raise this with the Court before the witness testifies.)
   
• Approaching Witnesses.  One request to approach per witness is generally sufficient.  Do not loiter by the witness.
   
• Jury Instructions.  Any requested instructions should be submitted to the Court as early as possible, with a copy going to opposing counsel.  The charging conference and preparation of instructions will take place when the jury is not scheduled to be present.  The jury will be instructed on charges and defenses after both parties rest and before final arguments of counsel.  The jury will be instructed on jury procedures and verdict forms after final arguments of counsel.
   
• Closing Arguments.  Be professional.  Do not state personal opinion.  Do not make broad generalizations (e.g., “This is a common defense tactic…” or “The government always tries to…”).  Also, remember the capacity of the mind is limited by the posterior’s ability to endure.
   
• Sequestration.  Unless specifically approved by the Court in advance to be present, all witnesses shall be sequestered during the trial.  Lawyers shall be responsible for sequestering their witnesses.  Jurors will not be sequestered except in unusual circumstances – counsel shall inform the Court as soon as possible if counsel believes sequestration of the jury would be appropriate.
   
• Motions.  If you wish to make a motion (e.g., for mistrial, acquittal, etc.), simply inform the Court you wish to make a motion at sidebar.  Counsel will be asked to approach.  If the matter cannot be ruled on immediately, the jury will be excused to allow more formal argument on the record.  Do not make a substantive motion in front of the jury.  Do not call allegedly prejudicial conduct to the jury’s attention.  Be prepared to offer proposed curative instructions.  Whenever the jury is present, you should only be asking a question or making a very short evidentiary objection in front of them – other matters should be taken up at side bar so that the jury is not potentially tainted or prejudiced by something you say.

 If you have any questions or proposed changes to these procedures, please let me know.  I want your trial to run smoothly and efficiently, and I want to know if something could be done differently and better. -- Judge Koch

William Koch
Originally published in the November 2007 issue.
Author: Kevin Lindsey

In speaking with Judge William H. Koch (pronounced “Cook”), one can not help but feel that he is thoroughly enjoying the experience of serving as a Hennepin County District Court judge.  Judge Koch enjoys making sure all of the people that come before the court have a real opportunity to be heard and shown respect.  One can also not help but sense that he feels fortunate to have enjoyed each and every stop along the way to his appointment to the bench.  “I have enjoyed everywhere that I have been in my career.  I am very fortunate to be able to honestly and candidly say that I never left a job because I was unhappy.”

Very few district court judges coming to the bench have as broad a background as Koch.  In appointing him to the Hennepin County District Court, Gov. Tim Pawlenty said, “Bill has a unique combination of experience as a prosecutor in the Major Crime Section with the U.S. Attorney’s Office, a complex business litigator with two civil law firms, and a military defense lawyer.  His broad-based background will be an asset as a district court judge.”

When asked what tips he has for lawyers who appear before him, Judge Koch advised that lawyers “need to remember their audience, focus their arguments, and stay away from boilerplate arguments….  Lawyers need to thoroughly know their case,” he added, “and do their best to educate the judge such that the judge can have faith in [them].”  Koch further stated that it is vitally important for lawyers to be honest in their dealings with the court: “Too often lawyers are afraid to admit a weakness….  Lawyers should seek to deal directly with the weaknesses in their case as opposed to allowing their opponent to highlight all of the problems.”

Judge Koch was born in Ridgewood, New Jersey, a village of approximately 25,000 people.  He grew up in the Southeastern Pennsylvania town of West Chester.  He recalls honing his advocacy skills at the dinner table in which discussions about events of the day and public policy would result in encyclopedias and reference books being brought out by siblings.

Judge Koch attended college on an Air Force ROTC scholarship and received his undergraduate degree from Duke University in Durham, North Carolina, in 1985 with a double major in civil & environmental engineering and public policy studies.  He fondly recalls cheering on the basketball coach Krzyzewski and the Blue Devils as an undergrad.  Koch earned his juris doctorate degree from George Washington University in Washington, D.C., in 1988. 

Judge Koch began his career as a prosecutor for the U.S. Air Force and as a special assistant U.S. attorney in the District of Maryland from 1988 to 1990.  In 1991, he moved from the prosecutor’s side of the table to the defense side, serving as the area defense counsel for the U.S. Air Force at the Andrews Air Force base in Maryland.  In his capacity as area defense counsel he was responsible for a region that encompassed 12 bases in seven states.  While Koch was beginning his legal career, his wife, Laurie, also a member of the Air Force ROTC, was finishing medical school.

In 1991, when his wife began her surgical residency as a hand surgeon at the Mayo Clinic in Rochester, Judge Koch entered private practice with the law firm of Leonard Street & Deinard in Minneapolis.  He practiced in the commercial law department, working on complex business litigation matters.  In 1997, Koch became a shareholder at Leonard Street & Deinard.  In attempting to balance the demands of family and practice, he became one of the first shareholders to utilize the firm’s paternity leave policy. 

In 1997, Koch left Leonard Street & Deinard to join the Sacramento, California law firm of Downey, Brand Seymour & Rohwer because the Air Force needed Laurie’s services at the Travis Air Force Base in Northern California.  He was an attorney and partner with the mid-sized California law firm from 1997 to 2000. 

In 2000, feeling the need to come back to Minnesota, Koch and his family returned to the Twin Cities where he joined the U.S. Attorney’s Office in Minneapolis.  Koch worked in the Major Crimes Section where his prosecutorial duties included handling counterfeiting, environmental, immigration, white-collar, and anti-terrorism matters.  He was and remains deeply impressed by the caliber of people working in the government agencies supporting the U.S. Attorney’s Office such as the FBI and Customs, Fish & Wildlife, and Equal Protection agencies.

Judge Koch feels very fortunate to be able to volunteer at his children’s school, where he currently serves as president of the Parent-Teacher-Student Association.  He also coaches basketball and football with the Bloomington Athletic Association and basketball, soccer, and flag football with the Southdale YMCA.  Coach Koch enjoys connecting with his players and seeing the kids having so much fun that they want to come back again next year.  Koch keeps himself in shape by participating in triathlons, which he began doing to celebrate turning 40.

The Koch family enjoy many outdoor and water activities.   They like spending time on the water whether the means of travel is kayak, canoe, or boat.  The Kochs also hike, camp, and fish—no great fish stories from the judge, although his son has caught a barracuda.  

Judge Koch is very involved in the legal community as well.   He currently serves as a mentor at the University of St. Thomas School of Law, and has also found time to serve as a moot court judge for the Minnesota State Bar Association High School Mock Trial Competition, the University of Minnesota Law School Civil Rights Competition, and National Hispanic Moot Court Competition.

Back to Top

Back to Top