Jesus G. Bernal

He does not permit you to conduct voir dire, so be prepared to submit any voir dire in advance of trial. Judge Bernal is a pleasure to work with.

In spite of some issues, Judge Bernal was a pleasure to try a civil case before. In the lead up to the trial, Judge Bernal partially granted our summary judgment motion with a thorough analysis of the issues. At oral argument, he asked pointed questions, but never belittled anyone. His courtroom staff are professional. Unfortunately, he handles all of the voir dire, so make sure that you are prepared to tender your requested voir dire. He was quick to rehabilitate obviously biased jurors, so be prepared to build a record. He is a bit of a stickler on obeying local and chambers rules in the lead up to the trial, but he is not a tyrant. Although both sides submitted proposed verdict forms and jury instructions, Judge Bernal largely crafted his own. He especially witted down the jury instructions to about 25 pages, from about 60 pages that the parties were proposing. As a result of his taking the reigns for the verdict forms, they were not ready for closing argument. This was unfortunate. In the end, if you get Judge Bernal, then you should enjoy your experience. As a final note, my plaintiffs were Hispanic. One other person commented that they thought that Judge Bernal may be biased in favor of Hispanics. I did not find that to be the case at all.

I’ve had many cases with Judge Bernal, and here is my honest assessment: He reads the law, he examines the facts, and he at least tries to get it right. I do not always agree with his rulings, but he explains his reasons at length, and that’s more than I can say for many other lifetime appointees in this district. One of his best qualities is his temperament. He is very predictable. He does not yell or berate attorneys. He lets both sides speak. He speaks his reasoning on the record. He changes his mind if presented with new facts or law. If anything, he may be a bit passive compared to certain other courtroom tyrants. In my opinion, that’s not a bad thing. Although he may lean a bit toward civil rights plaintiffs, don’t get lazy with your arguments if you’re on plaintiff’s side. He rules for the government plenty. But unlike many judges, he won’t bend over backward to make the government’s case, or accept half-baked arguments for qualified immunity. One concern I have is that I have heard he is partial to his racial identity group. He’s a Latino, and I have heard he is extra lenient or receptive toward Latino litigants, particularly in the immigration context. I hope that’s not what drives his decision-making. It may be in style to be vocal about “woke” racial politics (even among judges), but it erodes public trust in the judiciary. Hopefully he is applying the law neutrally, and not to benefit one group over another. Overall, a good judge. One of the better ones in the Central District.