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WEXLER, JAMES H.

WEXLER

Image credit: David Spink

Concord

District Court

305 Walden St.
Concord, MA 01742-3616

Phone: (978) 369-0500


Judicial Biography

Born:

Jan. 17, 1948, Brooklyn, N.Y.

Year admitted to bar:

1973

Year appointed/elected:

1994, by Gov. William F. Weld

Pet Peeves

Other than being well prepared, I look for the following attributes in an attorney appearing before me:

  • Serve all papers prior to hearing on opposing counsel.
  • Be respectful to opposing counsel as to court staff.
  • Appreciate the importance of the proceedings to all persons, no matter how small the amount in the controversy or the nature of the subject.

As for common courtroom mistakes, Judge Wexler commonly sees lawyers who:

  • Do not know the rules of evidence.
  • Have not looked at the [file] until the case is called.
  • Cannot answer the questions: ‘What should the court do today and why?'”

What displeases me the most is:

  • Lawyers who have not spoken to their clients prior to hearings on criminal cases.
  • Lawyers who have not made efforts to narrow the scope of the dispute.
  • Lawyers who are not prepared to address the legal authority for their position.
  • Lawyers who are not respectful to opposing counsel.

Background

Education:

Harvard Graduate School of Education;
Harvard Law School
Columbia University School of Law, 1973
University of Wisconsin, 1968

Participation as a Faculty Member or Lecturer:

Adjunct Faculty, New England School of Law;
Adjunct Faculty, Boston University School of Management

Professional

Legal Employment History:

Partner, Kotin, Crabtree & Strong, Boston (1986-1994);
Associate, Lahive & Cockfield, Boston (1985-1986);
Associate, Herrick & Smith (1980-1985);
Senior attorney, Greater Boston Legal Services (1978-1980);
Clinical instructor, Boston University School of Law (1975-1978);
Staff attorney, Boston Legal Assistance Project (1974-1975);
VISTA attorney, Boston Legal Assistance Project (1973-1974).

Civic and Community Activities

Memberships/Affiliations:

Board of Bar Overseers, Hearing Committee (1986-1992).

  • Reported Decisions
  • Other Links

Evaluations from Lawyers

4 = Excellent   3 = Good   2 = Fair   1 = Poor
  rating averages for judges of this court averages of all judges
Manages court time in a way that minimizes waiting around: 4.0 3.0 3.0
Is receptive to requests for continuances: 0.0 2.9 2.9
Is receptive to lawyers’ requests for jury instructions and voir dire questions: 0.0 3.0 3.1
Presents easy-to-follow and legally sound instructions to jury: 0.0 3.1 3.2
Gives lawyers an opportunity to be heard prior to making legal findings and rulings: 4.0 3.1 3.1
Explains decisions in a manner that is clear to litigants and jurors: 4.0 3.0 3.0
Addresses the following with respect      
a) litigants and witnesses: 4.0 3.2 3.2
b) lawyers: 4.0 3.0 3.0
c) court staff: 4.0 3.4 3.5
Attentiveness: 4.0 3.3 3.2
Timeliness of orders, judgments and decisions: 4.0 3.3 3.2
Demonstrates knowledge of substantive law and rules of evidence: 4.0 3.0 3.0
Quality of written decisions: 4.0 3.0 2.9
Shows willingness to ignore      
a) irrelevant considerations: 4.0 2.9 2.9
c) identity of lawyers or parties: 4.0 3.0 3.0
d) public pressure or outside interests: 4.0 3.1 3.2
Has ability to maintain control of courtroom: 4.0 3.5 3.4
Starts session on schedule and on time: 4.0 3.3 3.2
Shows an appropriate degree of preparedness: 4.0 3.2 3.1
Average Overall Rating: 3.4 3.1 3.1

 

  % Yes Answer averages for judges of this court averages of all judges
Regularly keeps sessions past 4 p.m.: 0 31 26
Allows lawyers to lobby their cases in chambers: 100 65 47
Is rigid follower of court-mandated time standards: 0 48 45
Behaves differently when cameras are in the courtroom: 0 24 24

 



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