HONORABLE LYNN TEPPER

Judicial Practice Preferences
Criminal Sections

PRETRIAL

Plea Negotiations:

I involve myself in either adding additional conditions to the plea or on occasion, undercutting the plea offer.

I get involved in the negotiations being proposed by both sides and come up with my own offer.

 

Continuances:

After clearing it with opposing counsel, my judicial assistant will remove the hearing and set a new one.

 

Discovery Issues:

The attorneys should try and resolve the problem without setting a hearing.

 

Depositions Disputes

I prefer the attorney see me when practical during the deposition to resolve the problem.

 

Miscellaneous Problem Resolution:

I would accept a phone call so long as there is no improper ex-parte communication involved.

 

TRIAL

Motions in Limine:

I prefer the attorney to decide when to schedule

 

Continuances:

With a stipulation of opposing counsel, my judicial assistant will take it off the trial docket and reset it with the concurrence of both attorneys.

 

Voir Dire Procedure Preference

I prefer attorneys to question entire panel

 

Policy when Jury enters room:

Counsel to remain seated

 

Evidence Procedures:

I prefer that all evidence be marked with the clerk in advance of its intended use.

After showing to opposing counsel, the attorney may then show the exhibit to the witness without showing it to me first.

 

Courtroom Etiquette:

Counsel should not argue objections at trial between themselves but stand, state legal grounds only. Either counsel may ask to approach bench to argue.

Always stand for objections to make other motions.

Leave your personal differences with opposing counsel outside the courtroom but DO bring your sense of humor.

Other Practice and Procedure Comments:

Juvenile Delinquency: Arraignment, presence IS required.

Juvenile Delinquency: All motions scheduled through JA or in open court on certain days.

Felony motions: Inmates are not transported unless evidentiary motion or cleared in advance through JA

Felony: Mandatory appearance by counsel and defendant at arraignment unless cleared with Court in advance (even if written not guilty plea) to permit meaningful plea/discovery discussion and set realistic Pre-Trial date.

Felony: Don't ask to set a trial unless you mean it or speedy trial is an issue.