James McPherson Proctor
How Judge Proctor rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Proctor no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Proctor decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Narrowed a subpoena when broad requests required review of nearly every paper, but left a specifically described category in force.
“a subpoena duces tecum must be limited to a reasonable period of time and specify with reasonable particularity the subjects to which the desired writings relate.”
Enforced a residential covenant where the commercial encroachment would impair light, air, appearance, and the stability of the restriction.
“this breach, if allowed to stand, will become an opening wedge for further violations.”
Procedural preferences
Treated grand-jury secrecy as a strong rule and required a clear, verified showing before permitting an inquiry behind an indictment.
“it is a power sparingly used; justified only where by proper verified pleading a clear and positive showing is made of gross and prejudicial irregularity influencing the grand jury in returning an indictment.”
Discouraged rehearing motions based on facts available at the original hearing or arguments that merely repeated the first presentation.
“It is a motion which has its proper use in our practice, but should be sparingly employed, only where unusual circumstances prevail.”
Cautions
Declined to supervise an agency proceeding midstream when the governing statute supplied later judicial review.
“Courts cannot stand in constant watch and supervision over proceedings before governmental agencies to prevent some erroneous or wrongful action”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The first and second paragraphs of the subpoena will be quashed, the third paragraph will stand.”
“the motion to quash the subpoena should be overruled, and it is so ordered.”
“The several demurrers to the indictment are sustained.”
“the motion to vacate default is denied.”
“Objection to Interrogatory is sustained.”
“Objection thereto is sustained and motion denied.”
“the several motions of defendant will be granted.”
“I do not think that summary judgment should be entered upon the present record.”
“the motion to strike will be granted.”
“The motion to extend the receivership will be denied.”
“The motion of defendant to dismiss plaintiff’s motion for temporary injunction will be stricken.”
“The motion of plaintiff to enjoin defendant is denied.”
The court entered judgment on the jury's negligence verdict for a private nurse injured at a charitable hospital; no party motion outcome is counted.
“the affidavit filed December 16, 1940, is stricken”
“the motion to rehear is denied.”
“the court will not suspend this action, and plaintiff may proceed with its prosecution.”
Caseload & timing
From public federal docket records for this judge.
Proctor's reported district decisions include criminal, antitrust, probate, discovery, labor, property, administrative, employment, tort, and domestic matters. The reviewed publications do not support a quantified caseload estimate.
A historical record
Judge Proctor no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.