1. What
are your preferred procedures regarding motion practice?
In most cases, this Court allows each litigant 15 minutes to
argue dispositive and non-dispositive motions. Summary Judgment
motions must be filed in compliance with the Court’s Summary
Judgment Order and applicable rules. Link
to Judge Leung's sample Summary Judgment Order on the 4th
District Court site.
2. What
are your preferred procedures regarding hearings?
Counsel shall follow the rules of
court and extend professional courtesy to all in the courtroom.
3. What do
you expect the attorneys to have ready at the pretrial
conference?
Counsel shall attend pretrial
conferences prepared and ready to discuss the case in detail.
Counsel shall participate in good faith and with the objective
of reaching mutual agreement, if reasonably feasible. Link
to Judge Leung's sample Pretrial Settlement Conference
Order on the 4th District Court site.
4. At what
point to you expect the parties to undertake ADR, if at all?
All parties, with the exception of
Conciliation Court Appeals and Medical Malpractice/ Wrongful
Death litigants, shall be required to participate in some form
of ADR. This Court will select an ADR provider if the parties
are not able to agree on one. Parties should typically
participate in ADR after discovery ends and before the pretrial
conference. Link
to Judge Leung's sample Arbitration Order on the
4th District Court site.
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.?)
In all cases, parties should
discuss settlement and exchange offers as soon as it becomes
reasonably feasible to do so.
6. Do you
require that a person with ultimate authority to settle be
present at settlement negotiations?
Yes. Under some special circumstances,
however, and with prior approval of this court, the person with
ultimate authority will be allowed to participate via
telephone. Link
to Judge Leung's sample Pretrial Settlement Conference
Order on the 4th District Court site.
7. How do
you expect the parties to handle discovery disputes (including
calling you for a ruling during a deposition)?
All parties shall make
every reasonable effort to resolve discovery disputes without
this Court’s involvement. If the parties cannot resolve the
discovery dispute, this Court may resolve the dispute by
telephone conference. Telephone conferences can be scheduled by
calling the clerk and do not necessitate filing formal motion
papers. In unusual circumstances, this Court may conduct formal
hearings on discovery disputes. Notices shall comply with all
applicable rules in the event such a formal hearing is
necessary. This Court seriously considers sanctions where a
formal discovery dispute hearing is caused by a party or an
attorney acting unreasonably or without good faith. Please see
link to sample Scheduling Order below. Link
to Judge Leung's sample Scheduling Order on the 4th
District Court site.
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.
Yes, in limited and
unusual situations. The party seeking such phone hearing or
motion should provide reasons with specificity as to why a phone
hearing, as opposed to an in-court hearing, is requested; this
excludes discovery disputes, which are governed by the
immediately preceding answer. If necessary and only with
reasonable prior request to this Court, testimony will be
transcribed by this Court’s court reporter. The moving party
should initiate the telephone conference by assembling all
parties on line prior to calling this Court.
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)?
Counsel and court
personnel shall be allowed to leave on their cell phones and
pagers provided that they do not emit any audible noise or
visible signal. Counsel shall be allowed to pass notes and
communicate with others at the counsel table provided that these
communications do not distract the proceedings. Counsel need not
ask permission to approach their own witnesses. Counsel shall,
however, ask permission to approach witnesses of other parties.
Beverages shall be permitted provided that they do not distract
the proceedings. Formal courtroom attire is required except in
special circumstances. For general information about trial
requirements, please see link to sample Trial Order below.
Link
to Judge Leung's sample Trial Order on the 4th District
Court site.
10. When,
if ever, would you consider issuing sanctions, formal
reprimands, holding an attorney in contempt, or reporting an
attorney for unethical behavior?
In rare cases, where counsel’s
behavior deviates so far from the acceptable standards of good
faith and reasonableness that it warrants action. Additionally,
if there are intentional, gross or repeated violations of this
Court’s orders or applicable rules, this Court will consider
all appropriate remedial actions.
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?
Counsel shall be allowed to
communicate ex parte with this Court only if all parties
authorize the communication and are aware of the nature and
breadth of the communication. Communicating with this Court’s
clerks shall not be deemed ex parte communications
provided that the communications are limited to scheduling
matters and other non-substantive logistics relating to the
case.
12. What
is your practice with granting continuances and under what
circumstances would you consider granting one?
Requests for continuances shall be
submitted in writing and are not routinely granted. Continuances
may be granted in the most unforeseeable and extraordinary
circumstances. Requests for continuances shall comply with the
procedures set forth in relevant orders of this Court. Please
see links to sample orders below. Link
to Judge Leung's sample orders on the 4th District Court
site.
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?
Yes, all counsel shall
assume that this Court has read all memorandum and exhibits in
connection with oral argument. This Court will actively
participate in oral arguments and will expect counsel to engage
in a dialog with this Court.
14. What
do you consider to be the basic requirements of good oral
argument (including the amount of time appropriate for oral
argument)?
An oral argument should
be well organized. Counsel should plan to discuss the most
significant and/or difficult issues in the case. Counsel should
not waste time reciting their brief, but instead counsel should
address the main issues in the case and attempt to resolve them
by applying the law to the facts. Counsel should be prepared to
cite all relevant statutes and cases as well as any exhibits.
Generally, oral arguments last about 30 minutes. Counsel should
expect that much of the hearing will consist of questions,
answers and, with some frequency, active exchanges between
counsel and this Court.
15.
What preferences do you have for jury trials? How do you prefer
voir dire to be conducted?
This Court will conduct a general voir
dire of the jury panel lasting approximately one hour. At that
time, the Court will allow counsel to voir dire the panel. This
Court typically uses the "strike at the end" method.
Counsel shall submit proposed jury instructions, verdict forms,
exhibit lists and witness lists prior to trial. Counsel are
encouraged to submit proposed jury instructions by diskette in
Word format. Counsel shall comply with all orders of this Court,
including without limitation, the Trial Order. Link
to Judge Leung's sample Trial Order on the 4th District
Court site.
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Tony
Leung
Originally published in
the January/February 1995 issue.
Author: Jeffrey Eng
Portions of this profile were
redacted on request of the Judge.
Tony
N. Leung has been a part of the Twin Cities community since his
emigration from Hong Kong to Minneapolis in the 1960s. Leung
spent his formative years in Minneapolis, graduating from
Minneapolis West High School in 1978. From there, Leung traveled
to the East Coast to attend Yale University in New Haven, Conn.,
graduating cum laude with a degree in political science.
Upon receiving
his law degree from New York University in 1985, Leung returned
to Minneapolis to work as an associate at the law firm of Faegre
& Benson. He practiced primarily in the area of real estate
during his tenure at Faegre & Benson, focusing in the area
of complex commercial trans-actions. His areas of expertise
included examination of title, land use and zoning issues,
acquisitions, leasing, development of strip malls, residential
and commercial projects, construction contracts, construction
and permanent financing, foreclosures, and environmental issues.
In addition to these specific areas, Leung has handled issues
involving the general counseling of corporate clients and the
formulation of unique commercial transactions. For instance,
Leung provided legal representation on behalf of Burnet Realty,
Inc., as title sponsor of the Burnet Senior Classic, a
Professional Golf Association senior event held at the Bunker
Hills Golf Course in Coon Rapids the past two years.
Leung has also
devoted a good share of his time to various bar association
activities including service on the Nominations Committee of the
Hennepin County Bar Association, on the Minnesota State Board of
Abstracters, on the board of directors of the Minnesota Chapter
of the National Asian Pacific American Bar Association, in the
Minnesota Minority Lawyers Association, and as treasurer of the
Twin Cities Committee on Minority Lawyers in Large Law Firms.
Leung’s involvement with the Twin Cities Committee led him to
take part in the organization and execution of the first
minority job conference in the Twin Cities for law students.
This job conference has since been perpetuated through the
continuing efforts of the Twin Cities Committee and the Hennepin
County Bar Association.
Leung’s
commitment to public service, however, extends beyond the
profession. His activities support the many educational,
business, community, and artistic endeavors of others.
Currently, Leung chairs the Yale Alumni Schools Committee in
Minneapolis. As chairperson of this committee, Leung interviews
high school students and encourages them to consider Yale
University for their advanced education. He is also a member of
the Kiwanis Club of Downtown Minneapolis and served on its board
from 1991 through 1993. Likewise, Leung served as executive vice
president of the Minnesota Chapter of the Organization of
Chinese Americans (OCA). The OCA promotes the involvement of
Chinese and other Asian Americans in the community while also
educating the public about the democratic political process.
Paul Gam,
current president of the OCA, worked with Leung on many
community projects over the past several years. "Tony is
invaluable as a strategist, policy maker, source of substantive
information, and counselor," remarked Gam. One of Leung and
the organization’s more notable projects was the Asian Leaders
Forum which took place in April 1994. The forum brought together
the heads of approximately 14 local law enforcement agencies
with numerous Asian community leaders (including representatives
from the Vietnamese, Laotian, Hmong, Korean, and Chinese
communities) to help break down any communication barriers which
may have existed between the two groups. Leung and the
organization also participated heavily in projects which
educated employees and employers of their rights and
responsibilities under the Immigration Reform and Control Act
and projects which addressed voter registration and turnout. In recognition
of the organization’s efforts in the community, the Minnesota
OCA chapter received the national OCA’s 1994 Best Chapter
Award.
Finally, as an
active supporter of the arts, Leung currently serves on the
board of directors of the MacPhail School of Music and the
Playwright Center. The MacPhail School of Music is a community
arts school which provides music, theater, and creative arts
classes to children. Similarly, the Playwright Center serves as
an overall resource center for playwrights by administering
grants, running workshops, and organizing readings. Both groups
are known for their support of young talent and progressive
works.
Like many before
him, Leung had a difficult choice to make in deciding whether or
not to leave private practice to sit on the Hennepin County
bench. For Leung, it was a particularly difficult decision
because he enjoyed the practice of law at Faegre & Benson
and had just been made an equity partner of the firm in early
1994. Being able to work with and develop close relationships
with colleagues such as Tom Crosby made the decision to leave
private practice that much more difficult. At the relatively
young age of 34, Leung could have had many successful years of
legal practice to look forward to. Nevertheless, he made the
decision to give up his personal privacy and private law
practice in order to directly serve the community.
Tom Crosby of
Faegre & Benson commented on Leung’s departure from the
firm. "Tony’s work at Faegre and Benson, while it
specialized in the real estate area, involved many other
disciplines. Tony always displayed a willingness and ability to
take on challenges in new areas of law." Crosby added,
"Both colleagues and clients enjoyed working with Leung,
his ability, spirit, and sense of humor. Tony was made a partner
of the firm in early 1994 and we had looked forward to his long
and successful career at the firm."
On Aug. 19,
1994, Leung was formally sworn in as a Hennepin County District
Court judge. It was a memorable occasion for Leung because of
the new challenges he would soon face. Although Tony N. Leung
bears the distinction of becoming Minnesota’s first
Asian-American judge, it is a distinction which he rarely
highlights. Instead, Leung continues to focus his energies on
being a fair and compassionate judge.
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