At "baby prosecutor" school the most important thing a faculty advisor does is impart practical tips. With self-study one can learn to lay a business record predicate or even tread the minefield of Crawford. I see my role as passing on tidbits that can be helpful to the rookie: the fact that the court staff are the judge's work family and they will snitch you off in a hot minute if you bad-mouth the judge in their presence or that the support staff can make or break you in an office and probably will be the first ones your elected asks when retention or raise time rolls around. Other tid-bits: things such as providing the court reporter with a list of witness names or making sure you are not insulting your boss's golfing buddy at misdemeanor docket. What do you wish someone had told you in your early days? I need your collective wisdom for the conference this winter. Any ideas?

[This message was edited by BLeonard on 12-09-04 at .]

As a beginning (or even veteran) prosecutor it's important to understand that just because you went to law school, have a J.D., and passed the bar exam doesn't mean that you know more about being a lawyer/prosecutor than your secretary or investigator. Respect these people and be willing to learn from them. Chances are that they know more about the "right way" to do things than you do. They can be your best friends or worst enemies!

What a great idea, practical tips from the trenches.

Here is mine: IT ISN'T PERSONAL!

I "so" learned that the hard way. I had a defense attorney pick a fight with me, not a big one, but a war of words in misdemeanor court. I was so insulted that he didn't think my plea offer was fair (come to think of it, I was rather new). It took me many months and conferences to learn that the attorney may be picking a fight with you because his client is in the courtroom, the case isn't looking good for the client, and he has to go back and say "she's tough, that's the only rec she'll give, we'd better decide if we're going to trial".

Then, I had a trial where the defense attorney was a maniac. He didn't listen to the judge, suggested that I didn't know what I was doing (he was right by the way), you name it. He won a losing case. I told him on the elevator, the day after losing the case, that I thought he was the "most unethical trial lawyer". You know, to his credit, he didn't hold that against me, he understood that I was new. In time, I came to understand that in trial, it's war. You are fighting for your client, not to insult the prosecutor's position. That in the end, we are all just a bunch of lawyers arguing for a cause in the courtroom. It's just not personal. Every new prosecutor needs to know that.

Oh, yeah, and never write checks with you mouth that your hind can't cover. However, you ONLY learn that one the hard way.

Never say anything out loud you don't want to read in the newspaper the next day.

1) Ride with the cops. This will give you a lot of insight as to how things go down, that will help you in screening cases, and at trial. This is especially true if you are handling a lot of DWIs. As an important byproduct, it increases your stock with the cops.

2) There is a tendency for busy prosecutors to start regarding cases as simply files that must be moved from the "in" tray to the "out" tray. A prosecutor needs to fight that attitude every day. Keep in mind that every case involves the lives of real people, and your decisions can be very important to them. Therefore, a) Always try to talk to your victims, and get an idea what they would like done in the case; and b) Always keep an open mind about your defendant. He may not be as guilty or as culpable as you lst think.

3) Use probations and deferreds intelligently, in order to increase your control over criminals, and to provide more protection for the public. For example, instead of giving a crook a few years in the pen on one case and dismissing his two other cases, why not give him probation in those cases, and have them start upon his release from TDC in the pen-time case? If you have to shave a couple of years off the pen time in order to get a plea that includes probation after pen time, that is usually a good trade. Use your heaviest charge (e.g. 1st degree felony indictments) for deferreds, and use your lightest charge (e.g. a 3rd degree felony) for the pen time, to maximise your hammer over your crooks.

4) Treat probation revocations as if they are just as serious as cases you go to trial on. There is a tendency to consider Motions to Adjudicate or Revoke as "not as important" as cases that have not yet pled. As a result, serious crimes, which were pled as a deferred, are often revoked with very light sentences. A probationer who fails to report should be treated just as if he had tested positive for drugs. Moreover, bear in mind, he is being sentenced not just for his violations of probation, but for the crime he is on probation for.

5) Pray for wisdom in working your cases, and the courage to do what is right.

There must be more pearls of wisdom, I'm shocked we haven't heard more. How about this one - just beware the a** you kick today may be elected Judge in November! There is absolutely NO WAY of predicting which lawyer could or would want to be voted Judge, so you'd want to treat everyone respectfully! After all, the front page reminds you that there are two types of lawyers: Those who know the law; and, Those who know the Judges.

Be able to articulate a reason for every decision you make, whether to the arresting officer, defense attorney or victim. That also helps you avoid the temptation to cave or give the overly generous rec just because you're beaten down that particular day.

Take your butt chewing. You will at some point have to make extremely tough decisions on cases that mean the world to people (victims) and which they won't like. Be forthright with your victims and explain thoroughly the reasons for your decision (see previous paragraph) and give them their time to tear you a new one while you listen politely. Realize that even if you can't please them, they still deserve to be included and to be heard. Remember that you chose to be part of the system, they didn't.

There's no such thing as a stupid question (at least within your own office). Discuss anything & everything with your colleagues and you will be amazed at what you will pick up without even trying.

If you're about to do something that you would be afraid to see on the front page of your local paper (confidentiality concerns aside), rethink your planned course of action.

Refer to everyone in court by the appropriate title (Your Honor, Mr. Smith, Ms. Jones, Deputy Johnson, Officer Doe, etc.). Resist the urge to use familiar modes of address with those you like or are comfortable with, since your use of formal titles with others will convey that there is a dichotomy between the ins and the outs. Regardless of whether that's okay in social circles, it's not acceptable in court.

And this from an admittedly predominately civil guy: don't trivialize your obligation under article 2.01 of the Code of Criminal Procedure. Though it's not necessarily the case with other lawyers (but it should be), we are expressly mandated to see that justice is done, regardless of what the constituents of our organizational client may want. That means that why we are doing what we do is every bit as important as what we do. Thus, I echo the astute observation above that you must be able to cogently explain what you're doing and how it comports with and serves public policy.

Document why you do what you do, and write it in the file. It'll make your life a whole lot easier down the road.

After your 3,000th case disposition, you won't remember why you did what you did in your 1,574th case, but your boss will sure want to know that answer when #1,574 gets arrested for murdering his estranged ex-wife while out on probation for FV assault (as an example). It also helps your colleagues when they have to handle your cases, and vice-versa.

Find friends outside the Courthouse and keep them. Your job easily becomes your whole world. Keep a perspective.

Spend time outside of work with you fellow prosecutors as well. Only they (and maybe cops) have a clue what your life is like. But don't let them become your only source of support. Prosecutors that get isolated are prosecutors that don't make it.

1. ALWAYS be candid with the Court. The judge must know that he/she can trust the prosecutor implicitly.

2. Treat law enforcement officers with respect and don't act like they're just a bunch of uneducated morons. We have to understand that in most jurisdictions, you're not going to have many college grads applying to work for ~$30K, with shift work, the hazards, etc. Prosecutors and law enforcement are interdependent and building bridges with your officers is crucial! I believe we have a duty to help educate them and we can learn from them. I agree that riding with an officer gives us an opportunity to see why and how they must make split-second decisions and helps us better understand their challenges.

Also, let them "vent" in your presence when they disagree with your decision for probation in cases. They are venting at the coffee shop and their office, you should hear them out and then explain your reasoning. Even when they don't like your decision (and they won't), they will respect the fact that you heard them out and eventually you may be able to help some of them understand that probation is a tool we don't like either, but must use in order to "do justice." (We ALL need to remember that the coffee shop crowd ends up in the jury pool and the general public cannot understand how officers/prosecutors can bash each other today and stand up in court tomorrow on the same "side.")

3. Also, part of our job to is to prevent ineffective assistance. When I first started, it really chapped me to have to watch out for the potential screw ups of the defense attys. Then I realized that we all suffer when they make mistakes and trial error that we can help prevent is time saved in the long run and it helps produce justice.

Don't forget to laugh -- a lot. We get to see some amazing stupidity. If you don't find something to laugh about every single day, you are taking your job way too seriously.

Thanks y'all, for your ideas! The conference rolls around in mid-January and I intend to print these suggestions and use them for table discussion during the "down time." Please keep your thoughts coming. One tip I always relay is that you have to know which battles to fight: with the judge, the opponent, your partner, your boss and etc. In particular, learn to object only when you must. Try to shorten the trial if you can; I am always looking for away to not call a witness. Some folks, on the other hand, have never met a witness who knew too little. The more folks who testify the greater the liklihood of disagreement. Always be flexible in trial; if you sense the jury has heard enough...wrap it up. There is rebuttal if you need it. Besides, then we get to CX, and cross and argument are the only real fun I get in a trial.

[This message was edited by BLeonard on 12-05-04 at .]

1.How I wish I had kept up with all the jury trials, Bench trials and MTRs. Forget the win or loss tally. When you run for office or want to get Board certified they ask for that. Aghh Those cases you think you will never forget begin to get lost when a new victim comes into your office.

2.Hang tough on the cases that you are pressured to file ie.vehicular manslaughter/homicide. Why does every DPS trooper think a fatality is deserving of a criminal case?? Once they tell the family you are never going to hear the end of the bad mouthing.

These sound like good topics for the newly elected prosecutors also.

Ben, I always stress to new prosecutors that they will get calls from time to time from a fellow prosecutor, either from another county or another state needing some help. I always do the favor. You never know when you will need the favor returned. In the big picture, it helps us all.

Dan, I agree. I cannot count the number of times a prosecutor here or in another state has helped me cut through red tape or scared up a report said to be lost or a judgement and sentence I could actually prove up. (an aside: because most states use judge-only sentencing schemes, my insistence on a j&s with fingerprints is seen as a mild eccentricty by folks in those jurisdictions) I would go further and say to the noviates, "Do the favor, period. Don't be a horses' arse. You'll make enough enemies in the natural course of your career."

Number one rule: Treat everyone the same (sounds a little like the golden rule, doesn' it). Fight the urge to bend the rules you have established for: a cop you like, a cop you don't like, a lawyer you like, a lawyer you don't like, a citizen who supported you or your boss in the election, a citizen who supported you or your bosse's opponent in an election, a defendant everyone loves, a defendant everyone hates. Over the years, if you have zealously maintained a fair and consistent approach, regardless of who is involved in the case, you will be able to hold your head high.

When you work in one of the smaller counties, you'll find that the larger ones will help you out as often as you can ask them. Tarrant, Dallas, Denton, and so forth often have driven miles on the wheel you're considering inventing. If you ask them for help, follow up by going in person and bringing them something unique from your county.

Here, it's fried pies. I can't tell you how much we appreciated the help we got from Dallas on our most recent Capital Murder trial. Other jurisdictions assisted as well, but Dallas went way over the top for us. So, I dropped off some pies.

Working with the big city folks is alot of fun. As an addition to what John B. said earlier, this job is hilarious. Laugh, share the humor, post here, and be a part of the community.

And always bring 'em a pie.

1. Always say, "Please" and "Thank you", and always say them sincerely.

2. It's been my experience that people enjoy the unexpected surprise: a rose from your garden in a simple vase placed on the desk of the court coordinator, a homemade cake for the clerk's office, a box of doughnuts for your probation officers. In each case, the financial cost is less than $4, but the joy shared lasts all day long. There's often too little joy on the business end of the criminal justice system; when we can, we should take the opportunity to put a little joy into it.