The Reappearing Judge

26 Pages Posted: 9 Jan 2014

See all articles by Steven Gensler

Steven Gensler

University of Oklahoma College of Law

Lee Rosenthal

U.S. District Court for the Southern District of Texas

Date Written: January 8, 2014


Many lawyers and academics lament that trial court judges spend too much time working alone in their chambers and not enough time interacting with parties and counsel. Some link this phenomenon to the rise of judicial case management. This article questions the assumption that judges must disappear from the public view in order to actively manage their cases. To the contrary, the best case management practices reconnect trial judges with lawyers and the litigants they represent, making them more visible not less. This article profiles several case management practices that, when employed properly, enhance both the visibility of the judge and the effectiveness of the pretrial process.

Keywords: judicial case management, vanishing trial, civil pretrial, discovery, summary judgment

JEL Classification: K41

Suggested Citation

Gensler, Steven and Rosenthal, Lee, The Reappearing Judge (January 8, 2014). Kansas Law Review, Vol. 61, 2013, Available at SSRN:

Steven Gensler (Contact Author)

University of Oklahoma College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States
405.325.7889 (Phone)

Lee Rosenthal

U.S. District Court for the Southern District of Texas

United States

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