The Legal Landscape of Florida: A Conversation with Judge Takac

The Legal Landscape of Florida: A Conversation with Judge Takac

Judge Michael Takac: Insights from the Bench in The Villages

In this episode of Open Forum in The Villages, host Mike Roth sits down with Judge Michael Takac of the Fifth Circuit Court of Florida. They discuss the various aspects of the circuit court system, what kinds of cases it handles, and the judge's career which spans over 30 years, including his roles as a Senior Assistant Attorney General and an attorney in private practice. Judge Takac shares his experiences, the importance of the jury system, the growth of The Villages, and provides advice for those who may find themselves involved in the legal system.

00:00 Introduction to Open Forum in The Villages
00:34 Meet Judge Michael Takac
02:09 Understanding the Circuit Court System
04:58 Insights on Jury Duty
06:36 The Growth of The Villages
14:52 Alzheimer's Tip from Dr. Craig Curtis
25:52 Final Thoughts and Listener Information

Transcript

 The Legal Landscape of Florida: A Conversation with Judge Takac

 [00:00:00] Nancy: Welcome to Season seven of Open Forum in The Villages of Florida. In this show, we talk to leaders of clubs and interesting folks who live in and around The Villages. We also talk to people who have information vital to seniors. You will get perspectives of what is happening in The Villages, Florida area.

We are a listener supported podcast. There will be shout outs for supporters.

[00:00:31] Mike Roth: This is Mike Roth on Open Forum in the Villages, Florida.

I'm here today with a very special person, Judge Michael 

Takac 

Michael, thanks for joining me. 

[00:00:42] Michael Takac: Thank you for having me. 

[00:00:44] Mike Roth: Lemme tell our listeners a little bit about your background. 

[00:00:47] Mike Roth AI3: Michael 

[00:00:47] Mike Roth: Takac 

[00:00:48] Mike Roth AI3: is now in his fourth term , serving as a state of Florida Fifth Circuit Judge. The Fifth Circuit covers all of Lake, Sumter, Marion Citrus, and Hernando Counties. Judge Takac has handled cases within every division of a circuit judge's assignment.

Previously, Judge 

[00:01:10] Mike Roth: Takac 

[00:01:11] Mike Roth AI3: served as a Senior Assistant Attorney General for the State of Florida, and as an Assistant General Counsel to the Executive Office of the Governor. In private practice, he handled trials and appeals across the State of Florida. Literally from Pensacola to the Keys. 

Judge 

[00:01:31] Mike Roth: Takac , 

[00:01:32] Mike Roth AI3: grew up in New Jersey, graduated from Ocala Vanguard High School and Wake Forest University in Winston-Salem, North Carolina. 

[00:01:43] Mike Roth: Michael. how long? Have you worked for the Florida Court System?

[00:01:48] Michael Takac: As a judge, . Let me respond to that by saying I've been working as a circuit judge. I'm beginning my nine, I'm in my 19th year. Prior to that, I've been, worked as an attorney, so that puts me in a court system. Obviously, I became licensed in way back in 1987. So I've been working in the court system since in one capacity or another.

[00:02:09] Mike Roth: For our listeners who might not be familiar with the circuit court system in the state of Florida, why don't you give us a brief rundown on what the Circuit Court system does? 

[00:02:18] Michael Takac: Circuit Court is the level of trial court that handles the more expensive cases, more serious. Crime. So everything above 50,000 is in circuit court, family law, divorces, juvenile delinquency, things like that are in circuit court.

Same thing with felony crimes, which is any crime punishable by more than a year. 

[00:02:38] Mike Roth: So that, would that mean that most, traffic accident cases would be in circuit courts? 

[00:02:43] Michael Takac: The trial level below would be county court. So if you run over a mailbox, you may be in county court. If you hit somebody else's vehicle, you're in circuit court. . 

[00:02:52] Mike Roth: Okay. And about how many cases a year do you handle?

[00:02:56] Michael Takac: Oh, it, that can vary year to year because some years people are ready to get to trial. Other years are more quiet. There's generally a thousand at least active cases assigned every circuit judge. 

[00:03:08] Mike Roth: Wow. That's every circuit judge. And how many circuit judges are there?

[00:03:11] Michael Takac: In the fifth circuit we have 31.

We're about to go up to 32 or three. They just approved a couple new ones.

[00:03:17] Mike Roth: Do you have a favorite type of. a case that you'd like to handle. 

[00:03:20] Michael Takac: Experience has taught me over time that, looking back, I think the delinquency court cases are the most rewarding. If I were younger, in my term, I would say it's hard to denote a favorite.

'cause everybody that comes to court, whatever their cases, it's very important to 'em. So it's not fair really to, try to distinguish a favorite. But in juvenile cases now I've, been. On the bench long enough and have done 'em long enough ago that it's very rewarding to have people come up to you and say, you don't remember me, or You don't know who I am, do you?

But I was in your circuit court, you said something really turned me around. I'm doing that and I've had that happen a nice handful of times, where it's been, it's quite rewarding. it's better than the other scenario where, you know, one party leaves. Maybe satisfied the other party leaves totally disgusted.

Sometimes on a good day they both leave disgusted.

[00:04:13] Mike Roth: But, there's a big difference between being the judge and being an attorney. And could you tell us from your experience what the difference is? 

[00:04:23] Michael Takac: What I would tell you is an attorney works as an advocate and that's very rewarding. The right cause, the right client, there's a lot of interest there.

It's, a very rewarding experience to some extent as a judge, you have to sacrifice that. You have to treat things equal and, come in. You have to put your bias and prejudice aside. It could be a conscious decision you have to make, but I think if you're doing it right, the. The distance that you have to give a case instead of seeking right and wrong, treating both parties the same, to make sure they both have their fair forum to have their, dispute decided.

[00:04:58] Mike Roth: As a judge, have you ever, been involved in cases where. You were unhappy with what the jury verdict was?

[00:05:06] Michael Takac: I don't think I'd use the word unhappy. I think maybe you've been surprised by a verdict. Maybe one will be a little bit higher than you thought, or less than it was, but you're really not, unhappy about it and, the work.

I think if you're doing the job right, that really doesn't come into play. 

[00:05:24] Mike Roth: What do you think people in general should know about the real world jury system as opposed to the one that we've seen on TV and movies? 

[00:05:32] Michael Takac: First of all, it's a more linear process and a slower process than what on tv.

TV likes the back and forth. To build suspense and drama. there's a specific order in court and it takes the evidence a little bit slower to get it out before it gets tied up at the end. the other thing is that, juries that they tend to get it right, in my opinion. I've been a judge for, like I said, over 19 years, if I had a dispute, I'd much rather a jury decided than a judge.

[00:06:01] Mike Roth: Speaking of juries for a second, are most juries always 12 people? 

[00:06:06] Michael Takac: No, it's actually most juries are six. The only time you have a 12 member jury is if you're taking a human life or if you're taking property. So that's an imminent domain case for condemnation. When the government has to widen the road, Dylan panel, the jury of 12, to decide what the compensation should be.

If the death penalty's at issue, for a criminal defendant, then it's a jury of 12. Everybody else has six, and there's usually at least an alternate or two. 

[00:06:33] Mike Roth: In case someone gets sick, 

[00:06:34] Michael Takac: that's it as well, right? 

[00:06:36] Mike Roth: How familiar are you with, what's happening down here in The Villages?

[00:06:40] Michael Takac: As far as it growing by leaps and bounds and supplying great places to go eat and stuff like that, I'm very familiar with that.

I can tell you, my experiences with The Villages when I was in high school in Ocala. The Villages wasn't even a Village, it was a cow pasture as far as you could see. There was, and it was a great shortcut to get from Ocala to the airport in Orlando. Not so anymore 

[00:07:04] Mike Roth: down 3 0 1. 

[00:07:05] Michael Takac: Yeah, so I've watched The Villages become the villages and it's, it's quite something to see.

It's really a, the story of Florida. And this is just. The way Florida's always been built up. This is the central Florida version and focused on being a retirement community as opposed to maybe a tourist attraction. 

[00:07:22] Mike Roth: Yeah, it, my understanding is that The Villagers could never become a city because of the way it's been developed.

[00:07:29] Michael Takac: That's a different, a little bit complicated question there that, the only thing you ever know is that you never know. I'll leave it at that. I don't have any insight to The Villages even wanting to become a city. I would say in Florida, you're better off not being a city because. If you're in the city limits, then you're taxed twice because the municipalities, which is what we call 'em in, Florida, they have a ability to tax you as well as counties.

[00:07:53] Mike Roth: We have a whole bunch of people in, Wildwood like that. And, it's, Wildwood is probably one of the most interesting cities in the villages because it was the 8,000 people before The Villages and now they're over, 35,000 people. 

[00:08:06] Michael Takac: Oh, Wildwood Lady Lake. it's, huge. 

[00:08:09] Mike Roth: I don't know if Lady Lake's been.

demographic relief, changed by the Villages, but Wildwood certainly has, they have the same 8,000 residents in the original part of the city, but they got 32,000. 

[00:08:23] Michael Takac: It was a rural country high school back in the eighties, I can tell you that.

[00:08:28] Mike Roth: It was, yeah. now that they can. Cow pastures and turning 'em into The Villages.

[00:08:34] Michael Takac: Yeah. It's all rooftops now. Not the, not the backside of a cattle. 

[00:08:38] Mike Roth: Yeah. Go, going all the way down to, Bushnell. 

[00:08:41] Michael Takac: It's down. I, live a little bit south of The Villages and I think the villages will, may eventually get to me. I know they were right on the border of 48 in Lake County. So it's, it's grown quite a bit.

[00:08:53] Mike Roth: Yeah. Lake County has been very favorable for the development of the villages as well. I'm only sorry that they didn't build the hospital that they were supposed to there.

[00:09:02] Michael Takac: That, that part I don't know about. I'm not involved in the planning of it, but there's a lot of growth there.

There's some new hospitals, relocated in different areas. That's a, that's outside my expertise. 

[00:09:14] Mike Roth: Sure, let's talk about something that. Is inside your expertise in, in, in terms of cases and judgments. do you think that the, the tort system in Florida for, accidents, personal injury, has gotten totally outta control?

[00:09:30] Michael Takac: It depends, if. I don't think I could say it's outta control. It's my job to try to control it, make sure everybody gets a fair trial if it gets to that. Some of what is frankly driven by what happens outside the courts. It's, it's a business and everybody has to have insurance.

And insurance can control, what happens on those cases?

[00:09:51] Mike Roth: I, just saw an email come through today before you came down to the studio from, Morgan and Morgan of how they won three cases for more than $10 million each.

[00:10:02] Michael Takac: Advertising can be a little bit interesting, but my role, and I think the role of a judge is what I told people even during my campaign, is that.

My job is to enforce and apply the law. And if the law's terrible, I apply it because maybe my role is to say, make everybody aware of it. You know that. And if you think that's what's happening, shouldn't happen. You have to take that to Tallahassee and get the legislature to fix it. There have been, different things and tweaks here and there.

Overall I think when you have good evidence. That you put in front of a jury. I think those six people tend to take their job serious, try to weigh the evidence, and generally you'll do a good job on that. That's partly why I like speaking in The Villages because. You are free to be excused from jury duty if you'd like, but it is not required.

So if you have hit the retirement age, if you want to serve, you can. What better way to get a grip on a system maybe that you think is getting broken than participating in it and be part of the cure to, make sure that the problem doesn't rise its head? 

[00:11:10] Mike Roth: That's an interesting perspective.

I think it's what if you're over 65, you can say, I don't wanna be on a jury.

[00:11:14] Michael Takac: 70. You're automatically disqualified. What? you're free to choose to be exempted 

[00:11:19] Mike Roth: to say, 

[00:11:20] Michael Takac: but you don't have to. 

[00:11:21] Mike Roth: So in your experience as a judge, what percentage of the people that come in to for jury duty to be examined by the lawyers, get tossed out?

[00:11:33] Michael Takac: The bigger percentage get, get tossed out, then come in. I know what because you are always allowing extra jury summons. There's summons randomly. And if you're wondering how they do it, it used to be voter registration. There was a big shift some years ago. They've got a driver's license, so it's just random law draw of driver's license.

And if you don't drive, then it's state issued id. So that's, the pool from which your name gets pulled out. And it has to be random and you're always allowing for, Reasonable disqualifications that anybody would agree should be granted. For instance, if you come down and on the week you're selected, you've had a vacation plan, you have a procedure plan, you're gonna be excused.

I don't know any judge that's gonna keep you through that. If obviously one of the parties. One of the lawyers, you'll be excluded. And then the law provides for certain exclusions that, the parties can use. So you always have a much bigger pool. And quite frankly, if you're summoned to jury duty, you may be inconvenienced for a, Monday morning, possibly all day, but it's more likely that you'll be excused.

And then for coming down and having participated in the process, we generally give you a lengthy. Excuse, excuse all just for giving us that Monday. I know down in, in Lake County when I have a pool, I like to say, we'll automatically make sure you have a year off because you hear some people never get summoned.

And then, once they're summoned, it's now I've been summoned three times.

[00:13:00] Mike Roth: That used to happen in Ohio. My wife used to got get someone a lot. And when I as a, in Ohio as a independent business owner, I would write that down on the, certificate and I never actually had to show up. 

[00:13:14] Michael Takac: Certainly financial hardship. Generally will get you excused from coming down. Especially a few years ago, the economy was really tough. 

[00:13:21] Mike Roth: So if you got a a, jury pool with, people that are over 70 years of age that have volunteered to come in. what percentage of those over 70 year olds will be eliminated by the two attorneys?

[00:13:34] Michael Takac: They won't. I, don't know that anybody's ever broken that down on percentage, but I will tell you they won't take volunteers. It's random draw because somebody may. May complain of the system set up to be random draws. So it's not like you have to go down there and wait, but if you do get your name pulled, there's right on the summons that you get.

There'll be a checkbox. If you're over seven, you can check the box. 

[00:13:55] Mike Roth: No, no people 

[00:13:55] Michael Takac: over. You won't have to bother it at all. But if you're willing to come

down, you're 

[00:13:58] Mike Roth: not, 

Say a hundred people over 70 show up, with the attorneys. 

[00:14:02] Michael Takac: I don't think there's a pattern. I could tell you some attorneys.

You haven't seen 

[00:14:05] Mike Roth: it? 

[00:14:06] Michael Takac: No, because some attorneys, I think. You if you're gonna be there, the first thing they wanna make sure is you're gonna pay attention to the case. Or at least a good attorney would. And if you're retired and you told them you're there, you don't mind being there. They may not worry about.

You paying the case? . There are other instances where, you know, maybe if people think they're preoccupied, different attorneys, like all humans have different quirks, different things they look at. I'm not telling you, there's not an attorney who would say, I want 20 year olds, not 50 year olds.

[00:14:34] Mike Roth: Think it's the defendant that's 20 years old

[00:14:36] Michael Takac: I guess I could give you this percentage. If you're bringing 10 attorneys, you'll probably get 10 different opinions. 

[00:14:41] Mike Roth: Oh, okay. 

[00:14:41] Michael Takac: So on, on what they would think of a 70-year-old juror. I think most juror, most attorneys just have to be happy with it. I got six in a box that are paying attention.

[00:14:51] Mike Roth: Good. Let's 

[00:14:51] Michael Takac: Take a, that's really all you can ask for. 

[00:14:52] Mike Roth: Let's take a short break and listen to an Alzheimer's tip from Dr. Craig Curtis.

[00:14:56] Dr. Craig Curtis: So even if you removed 100% of the amyloid, that would not cure Alzheimer's. That is true in patients with symptoms. You can remove all the amyloid, yet the symptoms will continue to progress. So what we're doing now in these prevention studies is we're trying to see if removing amyloid prior to symptoms beginning if removing all the amyloid out of your brain, whether or not that actually halts the progression into actual symptoms in Alzheimer's disease.

[00:15:28] Warren: With over 20 years of experience studying brain health, Dr. Curtis's goal is to educate the village's community on how to live a longer, healthier life. To learn more, visit his website, craigcurtismd.com, or call 3 5 2 5 0 0 5 2 5 2 to attend a free seminar.

[00:15:44] Mike Roth: Thank you Dr. Curtis. So Alzheimer's and dementias are, something that has always interested me. Is there any kind of a test that you give to prospective jurors to find out if they've got all of their noodles? 

[00:15:58] Michael Takac: When there's an allegation, you're talking about really being in guardianship. guardianship will be, and I've had that assignment.

So when it's suspected that somebody might have, memory problems, Alzheimer, where they need help, they're, recommended to, they get an exam and it's a professional, will look at it and, come back and you'll get that report filed in the court. Sometimes when people come in, you'll ask 'em a few questions, do you know why you're here?

There's not a specific. Legislatively designed test in Florida, there's, we have a lot of, elderly and retirees, so 

[00:16:31] Mike Roth: Sure. 

[00:16:31] Michael Takac: That's a big part of the law that I think the legislature pays attention to, and so you'll be examined. by, a committee? 

[00:16:38] Mike Roth: No. so you don't give a juror a short term memory test.

[00:16:42] Michael Takac: Juror no. Jurors aren't .

[00:16:44] Mike Roth: Prospective jurors. Short term memory tests, 

[00:16:46] Michael Takac: Prospective jurors are not tested at all. They engage in the process of voirdire. I've heard it pronounced. It's a , French phrase. VOI R based DIRE. I think it's the French Way. The translation is to speak the truth, and you are asked questions, first, and if you're in the trial in my courtroom, I'll ask a handful of questions first and then turn it over to the parties and they.

They'll each have a lawyer that will ask you questions, things like you, have you ever driven here? Have you been ever been arrested? And there again, if you get 10 attorneys, you'll get different, 10 different answers on what they like to ask. They're looking for your background experience. I like to have jurors stand up and introduce themselves first, so the juries, get the lay of the land.

Sometimes they might be afraid of accountants, insurance adjusters, things like that. 

[00:17:33] Mike Roth: Do you have the jurors? Announce their own names. 

[00:17:36] Michael Takac: Absolutely. 

you're in a corner on tv. They don't, they, you never see that? 

No. the, the hard part, of picking a jury, probably doesn't make good television.

although I guess you could make a show about that, but you're asking questions. You're asking people to be candid about what other feelings they think they might not be able to put aside what their prejudices would be. And they're very, candid in disclosing that. And, if people have a reason that everybody realizes they shouldn't sit, you can disqualify them.

That's called a challenge for cause. And many jurors are happy to get outta there. Most many people in the court on a Monday are looking to get outta there on a challenge for cause. 

[00:18:13] Mike Roth: As the judge, do you have a, dismiss a juror? 

[00:18:16] Michael Takac: Oh, you, of course. we let people go all the time. We have, the way it works is there's a rotation of when you get summons.

You'll send back Your your note 

[00:18:26] Mike Roth: Yeah. 

[00:18:26] Michael Takac: With maybe an excuse of why you think you should be excused, and when you're the duty judge or have, been assigned to ju jury duty for the month, you'll, it's your job to read the excuses and decide who comes down and who doesn't. Then there's the whole process of, then you show up on Monday.

And make sure you're in the right county. You're not. The governor or a member of the cabinet that you meet the citizen requirements to be a juror. And that morning we'll entertain some excuses. Again, if anybody feels like this is a hardship, we'll take them. sometimes, my mother got sick, I gotta go tend to her and we'll get to 

[00:19:02] Mike Roth: What if someone comes in and they're coughing.

[00:19:04] Michael Takac: Coughing though. Usually a doctor's note if you're ill and you need a doctor's note, but sometimes you could look at somebody if their eyes are teary and they can't get their name out, you may just as well send them home so you don't have a room full of sick jurors. But there's the initial mail in process.

There's the process when you first get there Monday morning, and then you go to the courtroom and there's a third opportunity that you'll be excused. When the lawyers ask questions, for instance, somebody, somebody may have a conflict only on Thursday and many criminal trials go less than a day.

So you can tell the jury pool, fine, we'll, make sure that your trial is a Monday, Tuesday deal. And then sometimes, they'll come up into the courtroom and the attorneys will say, we think we'll be done Thursday, or, no, we won't. So they'll, excuse the person and let 'em go. 

[00:19:46] Mike Roth: Okay.

This for long trials. 

[00:19:49] Michael Takac: The going rate right now, I like to tease attorneys all the time. Is any. you asked about traffic accidents, so any tort case like that, the personal injury cases, the going rate right now is five days. 

[00:19:59] Mike Roth: Really, 

[00:20:00] Michael Takac: Everybody likes to ask for a week on those type trials. which means the jury would be picked Monday and by Friday we expect them to be deliberating and return their verdict. 

[00:20:08] Mike Roth: What percentage of the juries go longer on deliberations? 

[00:20:12] Michael Takac: that varies from jury to jury. Usually, once they get the evidence, they, get it turned around pretty quick.

Most of your, if we can get a, jury, to deliberate by, Friday at lunchtime, they'll, usually be done by Friday evening. Sometimes it could be trial driven. Some of your more complicated trials may go for several weeks, so you expect they may take a little bit more time to examine the evidence.

I find jurors to be a little bit more. Efficient turning around their decision, then sometimes the lawyers are laying it out and presenting it to 'em. or maybe I should say, we as lawyers are and giving it to 'em 

[00:20:45] Mike Roth: Is, there a, difference in time for deliberations between a six person, jury and a 12 person jury?

[00:20:53] Michael Takac: In theory, no, there's not a, there's not a time limit. the thing, that we ask them to do Is to their first assignment. They all have to sit there individually, take their notes and go. And before we send the jury back to deliberate, we ask 'em to go ahead and pick the foreperson who try to chair it.

And the instructions usually suggest that you let everybody speak their opinion and then decide where you go from there. How long that process takes, that's as individual as the six or 12 people you get back there. it can be very efficient. And 

[00:21:25] Mike Roth: what's the best jury, the fastest one you've ever had?

[00:21:27] Michael Takac: Usually if you have a jury come back in less than an hour, that's usually a criminal type case. You get something like that. When I was a trial attorney, I did a lot of eminent domain cases. Which were 12 member juries. they, usually, took a few hours, but sometimes they can come back quick too.

It depend on the property. I've had trials that are multiple properties, multiple businesses. that jury sits out there for. Hours as you might anticipate, one, maybe single residential property, maybe not so much. 

[00:21:54] Mike Roth: What's the longest jury deliberation you've experienced? 

[00:21:57] Michael Takac: I've had one, go pretty much an , entire couple of days, but I've never had anybody sit out a week and deliver eight those kind of juries. Sometimes maybe there's a, deadlock because all jury verdicts have to be unanimous. And then there's charges that you can give 'em to help break that deadlock so you don't have to do the trial over again.

[00:22:16] Mike Roth: What do you mean by charges? 

[00:22:17] Michael Takac: The, charges Just a jury instruction. 

[00:22:20] Mike Roth: So for instance, 

[00:22:22] Michael Takac: You get a note. Let's say you send a jury out and they come back in an hour and say, oh, judge, we're deadlocked. we want to go home. You'll say, look, 

[00:22:28] Mike Roth: Three to three. 

[00:22:29] Michael Takac: Yeah, look, this is a, we don't even ask for the vote 'cause it has to be unanimous.

So they'll come back and say, ah, we can't reach a decision. Then usually the first judge charge or the first jury instruction to them, that at that time would be pretty innocuous. Please go back and try again. Work a little bit harder. And, we will talk about it. And usually there's several and they can escalate up.

Sometimes the jury will have a question. We need something read back to us. so when you get involved with that's obviously a longer deliberation. I've never had people sit out for weeks at a time. I've never had a sequestered jury that, that's rare. That, and 

[00:23:07] Mike Roth: Since you've been a circuit court judge in how many years?

19 years. 

[00:23:10] Michael Takac: Yeah. I'm in my 19th year. I think at the end of this year. 

[00:23:12] Mike Roth: In 19 years, you've never had a. sequestered jury 

[00:23:14] Michael Takac: Never had a sequestered jury. People ordinarily don't want to be sequestered. So they, they get to go home in the evenings comforted. Or when you have a jury, you wanna make it as comfortable for them as possible because they're the linchpin.

That's what makes. In my opinion, that's what makes the country great. That's what makes us so different from everybody else. You're not getting your case cited, decided by somebody special. Just six ordinary people just like you. And that's why we really try to show our appreciation when you come to the courthouse, remind people of that.

The wonderful thing is if heaven forbid you need a jury, you should have a legal question that would need one, it relies on people performing their civic duty. So to the extent people are willing to do that, we're all grateful. And it seems to work because, like I said, more often than not, it's very rare that a jury will do something even that surprising.

[00:24:03] Mike Roth: What, what percentage of jury verdicts are appealed? in your purview? 

[00:24:08] Michael Takac: There, somebody knows the answer to that. I don't know what the raw percentage that might vary year to year. 

[00:24:12] Mike Roth: Take a guess. 

[00:24:13] Michael Takac: But I would tell you that the statistics we pay more attention to is appeals. Have, better, less than 50 50 chance of prevailing usually.

So as a judge, that's more what I'm worried about, of how many of my appeals. Have come back. So not every case is appealed. A lot of cases, somebody will get appealed, but you have to have certain particular grounds for it. And, if you've run the trial correctly, a lot of times it's just, that's what the jury said.

People feel like they've had their day in court. They're not necessarily automatically looking to appeal. 

[00:24:47] Mike Roth: Earlier you said about a thousand cases a year per judge. 

[00:24:51] Michael Takac: That's how many you have handled actively. 

[00:24:53] Mike Roth: Okay. So 

[00:24:53] Michael Takac: they're not all resolved within a year. 

[00:24:55] Mike Roth: Okay, so you have a thousand cases.

Of the thousand cases. what percentage would be settled by, a pre-trial agreement, but which a long shot means 

[00:25:06] Michael Takac: By a long shot? maybe 80, 90%. 

[00:25:08] Mike Roth: Wow. That high. 

[00:25:09] Michael Takac: So it, I. A lot of cases settle and then now keep in mind of that thousand, there's also different type of cases. I'm not doing only jury trials.

I I right now also take on the, domestic relations docket, which are divorces, child custody, things like that. and even those more cases. Settle than not. sometimes it takes getting it into court and then making parties aware of what the law is, what it allows, what you can do, and then now how do your facts apply to the law.

For instance, in the divorce case, sometimes you can tell people I. I can't give anybody a million dollars alimony if as a couple all you ever made was 10,000. 

[00:25:46] Mike Roth: Yeah, sure. I thought makes sense. 

[00:25:48] Michael Takac: Yeah. Sometimes you have to, 

[00:25:49] Mike Roth: sometimes people don't, wanna believe 'em. Making sense. so let's, wrap up here.

Mike, can you give our, listeners. One tip if they ever run into the legal system. 

[00:26:02] Michael Takac: I think the most misunderstood but most off repeated is the right to remain silent. the world will be a better place if more of us exercise that. To just be quiet and listen 

[00:26:12] Mike Roth: Really. 

[00:26:13] Michael Takac: So that, would be my tip.

The right to remain silent. Don't abuse that one. It can go a long way to keeping things happy. 

[00:26:19] Mike Roth: Great. Thanks for being with us today. 

[00:26:21] Michael Takac: Alright, thank you.

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