WEBVTT 1 00:00:00.090 --> 00:00:01.270 My name is Bill Hayes, 2 00:00:01.270 --> 00:00:04.070 and currently I'm a Federal District Court Judge 3 00:00:04.070 --> 00:00:05.930 in the Southern District of California. 4 00:00:05.930 --> 00:00:08.900 line:15% A Federal District Court Judge is an Article III Judge. 5 00:00:08.900 --> 00:00:11.160 line:15% So you're nominated by the President 6 00:00:11.160 --> 00:00:12.500 line:15% and confirmed by the Senate, 7 00:00:12.500 --> 00:00:14.400 line:15% and you serve for life. 8 00:00:14.400 --> 00:00:17.590 line:15% Federal District Court Judges do both civil cases 9 00:00:17.590 --> 00:00:22.030 and criminal cases, all their cases they receive randomly. 10 00:00:22.030 --> 00:00:23.240 line:15% Well, the cases are, 11 00:00:23.240 --> 00:00:24.640 line:15% at Southern District of California 12 00:00:24.640 --> 00:00:27.410 line:15% is a very busy Federal District Court. 13 00:00:27.410 --> 00:00:31.150 line:15% So we have a large criminal practice, a lot of drug cases, 14 00:00:31.150 --> 00:00:32.490 line:15% a lot of immigration cases, 15 00:00:32.490 --> 00:00:34.810 and we have a variety of civil cases. 16 00:00:34.810 --> 00:00:37.920 Most of us have one day where we do 17 00:00:37.920 --> 00:00:39.180 what's called a calender day, 18 00:00:39.180 --> 00:00:40.980 where we'll handle a lot of criminal cases, 19 00:00:40.980 --> 00:00:42.460 we'll do motion hearings, 20 00:00:42.460 --> 00:00:44.760 and sentencings and some civil motions. 21 00:00:44.760 --> 00:00:48.410 And the other four days are usually reserved for trials. 22 00:00:48.410 --> 00:00:52.280 line:15% The Southern District of California is on the border, 23 00:00:52.280 --> 00:00:54.450 line:15% obviously between the United States and Mexico. 24 00:00:54.450 --> 00:00:58.220 line:15% It is home to the largest land border crossing in the world. 25 00:00:58.220 --> 00:01:00.130 line:15% And so as a result of that, 26 00:01:00.130 --> 00:01:03.300 there are a lot of drug cases where individuals 27 00:01:03.300 --> 00:01:05.090 are apprehended bringing drugs from Mexico 28 00:01:05.090 --> 00:01:06.080 into the United States. 29 00:01:06.080 --> 00:01:09.010 And we all have an awful lot of cases where individuals 30 00:01:09.010 --> 00:01:11.890 are apprehended coming illegally into the United States. 31 00:01:11.890 --> 00:01:15.970 So as a result of that it's a very busy criminal court. 32 00:01:15.970 --> 00:01:18.590 In a civil case, the complaint is filed, 33 00:01:18.590 --> 00:01:23.410 there is an early neutral evaluation of the case 34 00:01:23.410 --> 00:01:24.940 line:15% that's done before the Magistrate Judge. 35 00:01:24.940 --> 00:01:27.610 line:15% Which is in essence an attempt to settle the case. 36 00:01:27.610 --> 00:01:30.160 line:15% Then there'll be motions to dismiss the complaint. 37 00:01:30.160 --> 00:01:32.450 line:15% I'll rule on the motions to dismiss, 38 00:01:32.450 --> 00:01:35.020 line:15% assuming that the motions to dismiss 39 00:01:35.020 --> 00:01:38.850 have eventually been denied, what's left of the claim, 40 00:01:38.850 --> 00:01:41.010 then we'll go into discovery. 41 00:01:41.010 --> 00:01:45.610 Usually at the conclusion of the discovery process, 42 00:01:45.610 --> 00:01:48.800 one or both sides files a motion for summary judgment. 43 00:01:48.800 --> 00:01:50.560 Because it's a dispositive motion, 44 00:01:50.560 --> 00:01:52.870 that motion has to be heard by an Article III Judge, 45 00:01:52.870 --> 00:01:54.590 which is the District Court Judge. 46 00:01:54.590 --> 00:01:57.280 line:15% I'll then rule on the motions for summary judgment. 47 00:01:57.280 --> 00:02:00.840 line:15% If some of the claims or all of the claims survive 48 00:02:00.840 --> 00:02:02.570 line:15% the motion for summary judgment, 49 00:02:02.570 --> 00:02:04.170 line:15% then I'll set the case for trial 50 00:02:04.170 --> 00:02:06.360 and there'll be a final pre-trial conference 51 00:02:06.360 --> 00:02:08.780 where I'll discuss evidentiary issues, 52 00:02:08.780 --> 00:02:10.820 length of the trial, matters such as that. 53 00:02:10.820 --> 00:02:12.730 And then I'll set the case for trial. 54 00:02:12.730 --> 00:02:14.182 And ultimately I'll have hearings 55 00:02:14.182 --> 00:02:15.840 on the motions on limiting, 56 00:02:15.840 --> 00:02:17.660 and then we'll try the civil case. 57 00:02:17.660 --> 00:02:20.700 The timeline for a civil case is going to be longer 58 00:02:20.700 --> 00:02:23.380 than timeline for a criminal case. 59 00:02:23.380 --> 00:02:24.380 Typically, a criminal case 60 00:02:24.380 --> 00:02:27.200 line:15% will be tried within months, if not sooner. 61 00:02:27.200 --> 00:02:28.980 line:15% Some maybe go a little bit longer. 62 00:02:28.980 --> 00:02:30.950 line:15% But generally within months. 63 00:02:30.950 --> 00:02:33.520 line:15% The civil case, generally, 64 00:02:33.520 --> 00:02:37.190 line:15% is not going to get to trial for at least 18 months 65 00:02:37.190 --> 00:02:39.290 and that might be a little bit optimistic.