Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Dr. Brandon Hardin (00:04):
Hey
everybody, dr Har, welcome to
Beyond the Game podcast.
I have an amazing friend ofmine on here today that you
should hear from.
This is Judge Jennifer Schlogel, and she is going to give us
kind of an insight on whatday-to-day looks like as a judge
, as a mom and as a friend.
So, hey, judge, how are youtoday?
Judge Schloegel (00:24):
Hi, good
afternoon.
Thanks for having me.
Dr. Brandon Hardin (00:26):
Yeah,
absolutely so.
I wanted to start with kind oflike your daily life.
What does it look like, or whatdoes a typical day look like
for you, both inside and outsidethe courtroom?
Judge Schloegel (00:35):
Well, every day
I try to get up and do a little
exercise I should say everyweek because it doesn't always
happen every day, but I like tobe able to exercise and have
some personal time in themorning and start out after that
with emails and getting mycases together.
So by the time I get to thecourtroom I really know what the
(00:58):
cases are going to look likefor the day, what the docket's
going to look like, and I talkto my staff and we sort of get
ahead of the game that's what wetry to do, right?
Dr. Brandon Hardin (01:09):
yeah, so
I've seen you do that personally
, which I think is cool.
You know, I was talking to asurgeon the other day and she
does something similar, whereshe goes over the case before
she goes into the case, right,right.
So I appreciate that,especially because then you know
what's ahead of you, you're notgoing in blind to something
that you know could changesomebody's life, right right.
Judge Schloegel (01:27):
Right.
There's a lot of things thatthat is useful for you to know
ahead of time as a judge.
There's also a lot ofprocedural technicalities that
lawyers have to follow in thecourtroom, and so just even the
most perfect lawyer doesn'talways get this right, so we're
always having to go in and checkthose things.
(01:49):
But once we get all thattogether and have a pretty good
idea of what's going on, westart calling the docket and
deal with the cases for the day.
Dr. Brandon Hardin (01:59):
Gotcha.
So how did you know you wantedto be a judge?
You obviously were a lawyerfirst.
Judge Schloegel (02:04):
I was a lawyer.
I went to Ole Miss to lawschool and Emory in Atlanta as
well to law school, and so Ipracticed in Atlanta.
When I first got out, I was amember of the Georgia Bar and
then I began practicing inMississippi after that.
Okay, so I have five children.
So I actually stayed at home,um, for 10 years with my five
(02:27):
children and and really I didn'tthink I was going to go back to
practicing law.
But I did eventually and I hadno idea that I would ever be a
judge.
So, that was a kind of asurprise in my life.
Dr. Brandon Hardin (02:39):
And how long
have you been a judge?
14 years 14 years as a ChanceryCourt judge.
Judge Schloegel (02:44):
As a Chancery
Court, judge as a Chancery.
Dr. Brandon Hardin (02:45):
Court judge,
and that is also a voted on
position.
Judge Schloegel (02:49):
Yes, so I'm a
Chancery Court judge for
Harrison, hancock and Stonecounties those three counties
and it's a four year term.
So I've been elected four timesand I'm halfway through my
fourth term.
Dr. Brandon Hardin (03:03):
Halfway
through your fourth term.
Judge Schloegel (03:05):
Yes.
Dr. Brandon Hardin (03:05):
So in each
one of those terms, let's say,
have things changed over time,not just your position as a
judge or your position on thebench, but like your cases,
obviously things evolve.
Have your judgments changed?
Like, let's say, you had a caseyou know eight years ago.
(03:25):
Would you rule that same way ontoday's case?
Judge Schloegel (03:28):
That's a good
question.
I don't know that I've evergone back and looked to see if I
would feel differently.
I hope that over time I gainedskill and wisdom and learned a
lot.
I feel like that I did, and sothat's.
I'm curious to know thatquestion.
Sometimes I get casesespecially when they're family
(03:51):
cases that I might've ruled on,say like in 2012 or 2014.
And now I have it again.
It's come back 10 years laterlike old contempt or something
else has gone on in the case,and so I've never found myself
though questioning well, why didI do that back then?
(04:12):
I never have had that as anissue.
Dr. Brandon Hardin (04:18):
Yeah, yeah,
well, I think that's important
as a judge.
Important as a judge, I mean,you're obviously making very
important decisions for people,and lawyers have those decisions
set in front of them via theirclient, but you're the one that
they come to right for reallyguidance and structure and
policy and procedure, like yousaid before.
Judge Schloegel (04:41):
Right, right,
well they wouldn't be in court
if they could just solve theproblem very easily right so
they're there because it'ssomething that cannot be
resolved and and it is, andthese are important matters,
whether it's a person's land ortheir you know family estate,
someone's died, or theirchildren, property, property
(05:03):
business maybe, or contractdispute, I mean whatever a
person is in court for it'simportant to them and I do
understand that the judge youhave to keep in mind like in my
court I'm the jury and the judge.
So, just like you see on TV, ajury doesn't necessarily get all
(05:25):
the evidence because it's notall presented to the jury.
So sometimes that happens to meas a judge it's not all
presented to me or there'sthings that are left out or just
not covered very well.
So we're aware of that, that wemay not have all the
information, but we're doing ourbest to get as much information
(05:47):
as we have, as we can, so thatwe can make a sound decision.
Dr. Brandon Hardin (05:51):
Nice.
So you kind of just describedwhat Chancery Court looks like,
and you've done that for 14years now.
So how do you think that'sgoing to shape your decisions as
an appellate judge?
Judge Schloegel (06:03):
Right.
So I'm running for the court ofappeals, which is a court in
Jackson that hears all theappeals.
So it's one state court but thestate is divided into five
districts and each district getsto vote two judges on that
court.
So there's 10 judges on thecourt of appeals altogether and
each district gets two, like Isaid.
(06:24):
So there's 10 judges on theCourt of Appeals altogether and
each district gets two, like Isaid.
So I'm running for one of thosespots in our district and the
Southern District in Mississippi.
There's 11 counties that are apart of this district that I'm
running in for Court of Appeals.
So the importance that myexperience as a judge, as a
(06:46):
chancery judge 33 of them havebeen appealed and I have been
(07:08):
upheld by the Court of Appealsand Supreme Court 32 of those 33
times.
Dr. Brandon Hardin (07:14):
That speaks
volumes.
I would say that is a proventrack record for you as a judge.
Judge Schloegel (07:19):
Yes, it is, and
I feel very good about that and
I'm very proud of that record.
But it just Shows you I dounderstand legal precedent what
the law is, how to write it, howto address that and how to run
a trial.
Dr. Brandon Hardin (07:36):
Right.
So let me ask you this and howmany cases from each court goes
to the appellate courts?
Judge Schloegel (07:43):
So you have
chancery court, you have civil,
you have Right, so we have twotrial courts in Mississippi the
chancery courts and the circuitcourts.
Okay, there's lower courtsbelow Mississippi the chancery
courts and the circuit courts.
Dr. Brandon Hardin (07:51):
Okay.
Judge Schloegel (07:51):
There's lower
courts below them, like county
and justice, so those casesjustice court, county court.
When they're appealed they goto either the circuit or
chancery.
So like I have appeals even now, so you've seen them before.
I have.
I have appeals from countycourt and justice court.
Dr. Brandon Hardin (08:11):
Okay.
Judge Schloegel (08:11):
But then when
you appeal from chancery and
circuit they go to the court ofappeals and the Supreme Court.
But the court of appeals hereis about 80% of all the trial
court appeals in the state.
Dr. Brandon Hardin (08:24):
So you'd
have to be a judge, obviously,
in order to rule on an appeal inthe lower court system and in
chancery and well, you don'thave.
Judge Schloegel (08:34):
I mean you.
There are people that are onthat are judges on the court of
appeals that were not trialjudges first and they are on
there now.
But I think it's the generalconsensus, especially among the
judges, the trial court judges,that we would like to have other
trial court judges eventuallymove up to the court of appeals,
because then we know that wehave that experience as a lower
(08:59):
court trial judge.
Dr. Brandon Hardin (09:00):
Those are
the cases that are getting
appealed well, because you'reobviously then familiar with the
process yes, very much so soskill and wisdom, like you were
saying before, you know you takethat into account going to the
court of appeals because you'vehad cases very similar to those
that you'd be seeing as anappellate judge.
Judge Schloegel (09:18):
Yes, that's
right.
So a lawyer's I mean you mayhave a lawyer that has been to
trial a lot, that has been inthe courtroom a lot, and that's
great and nothing against thatat all room a lot, and that's
great and nothing against thatat all.
But a lawyer's job and role isvery different from a judge's
job and role and theirperspectives are different.
Dr. Brandon Hardin (09:37):
So a lawyer,
and you've been both.
Judge Schloegel (09:39):
I've been both,
and a lawyer is looking out for
the best interest of his clientand advocating for his or her
client, which is what theyshould be doing, and a judge is,
on the other hand, trying tomake the best decision, the
right decision, according to thelaw and the facts in front of
them.
So it's a much biggerperspective and a bigger picture
and a different role.
Dr. Brandon Hardin (10:01):
Right, right
, I understand.
So background and experience.
Can we talk a little bit aboutyour experience as a Chancery
Court judge and how you thinkthat that's prepared you for the
Court of Appeals?
Outside of skill and wisdomfrom the court cases you've seen
in the last 14 years, whatmakes you the best candidate for
(10:24):
the Court of Appeals?
Judge Schloegel (10:25):
Well, of course
, as a Chancery Court judge, I
have seen a very wide area ofthe law, broad area.
I have heard cases that havebeen I mean public corruption,
casino litigation, bankinglitigation, family disputes,
business partnership disputes,contract disputes, land issues,
(10:52):
estate issues.
I mean just very wide areas,and so that has prepared me.
Those are very much the type ofcases that are on appeal.
Um, you have in 2023, 30% ofthe appeals were direct criminal
appeals.
So, 30% of the overall appealswere direct criminal appeals.
(11:17):
The rest of that so it'd be 70%was civil appeals, like what I
just described.
Could be family matters, couldbe business matters, might be a
personal injury, civillitigation, that kind of thing.
So that makes up 70%.
So my experience is going to bein the civil arena and that is
(11:40):
going to help bring balance tothe Court of Appeals, because we
do have a lot of judges onthere with a very heavy,
extensive criminal trialbackground and so this brings
the civil to it.
Dr. Brandon Hardin (11:53):
Right.
So checks and balances withinthe court of appeals?
Yes, absolutely.
Judge Schloegel (11:56):
Right, because
you have 10 judges that are all
trying to make a decision on acase and it's helpful when we
can have input from judges whohave practiced or been judges
before in different areas of thelaw.
Dr. Brandon Hardin (12:13):
Yes, Gotcha
Understood.
So what is your judicialphilosophy and how do you see
that influencing your decisionsas a judge today and as an
elected appellate court judge?
Judge Schloegel (12:27):
Well, my
judicial philosophy is to, first
and foremost, I'm looking tothe law.
And what does the law say?
What does it provide?
What is public policy inaddition to that, in this
situation of the case that I'mfacing, it sounds like the law
would be very clear and in blackand white, but it's not always
(12:48):
that way and it has to beinterpreted.
So you have statutory law, youhave law coming from cases,
precedent, legal precedent, youhave rules of procedure and
evidence and things like that aswell.
So there's a lot of movingparts.
So, first and foremost, I wouldbe looking at the law seeking
(13:10):
to find the answer.
First and foremost, I would belooking at the law seeking to
find the answer, but puttingtogether all of the aspects of
the case, thinking about how thedecision would affect the law
as a whole, not just thatparticular case, and how it
would affect other people, andthen I would be looking to do
(13:32):
equity where equity was neededand certainly to do justice.
So I think you know, overall,my philosophy of the law is that
it should be fair within themeaning of the law that is
provided.
Dr. Brandon Hardin (13:40):
Right.
Well, you just nailed two of mynext two questions the role of
precedent and how you view theimportance of that.
Obviously, you just explainedthat, and your judicial
independence as well.
Judge Schloegel (13:51):
So let me say
this.
I mean precedent is obviouslyvery important to me and for me
to be affirmed or upheld onappeal 32 or 33 times, I am
relying upon legal precedent tomake those decisions.
So that shows you the weightthat I give to legal precedent,
because then I would not beupheld that many times on appeal
(14:14):
.
Dr. Brandon Hardin (14:14):
Right, and
what that means is sort of like
what has been done beforecorrect, correct.
Judge Schloegel (14:19):
What has been
done before in cases.
That's one part of the law andthen the other part would be
statutory.
So what are the actual statuteson the books that the
legislature has passed?
And then there are also rulesthat are promulgated by the
Supreme Court.
Dr. Brandon Hardin (14:36):
Right, right
, so let's talk a little bit
about your role as a mom and asjust a layperson.
You know, I was talking withsomebody the other day about
having you on the show andthey're like, wow, that's got to
be a little bit intimidating.
And I know you and I havetalked before about one being a
(14:59):
female judge, but two being anintimidating person.
Obviously we're friends now soI don't consider you
intimidating, but you have torealize, right, that some people
may think that.
Well, one, when they go tocourt, it's a very intimidating
experience.
How do you perceive thepublic's perception of you and
how do your children perceivethat as a judge?
Judge Schloegel (15:21):
That's a good
question.
Now that my children are older,I think they have a little more
understanding of that, and theydidn't really when they were
younger.
And that was fine with me, um,because I wanted, uh, to, as far
as they're concerned, just betheir mom and and do what I
needed to do as their mom and asa parent, and um know that I
(15:43):
was helping to provide for themby working.
And of course, I want to makethem proud proud, obviously, of
what I'm doing.
And now I have two childrenthat are lawyers.
Dr. Brandon Hardin (15:54):
Yes.
Judge Schloegel (15:55):
And I have my
other three children are
successful doing other thingsand I'm happy for all of them.
But I don't think of myself asbeing intimidating.
But, as you said that whenyou're in the courtroom, people
are naturally intimidated by thecourtroom and the process the
judge, the lawyers, all thepeople there, and I just try to
(16:18):
keep that in mind when I'm there.
I have to keep order in thecourt.
As a judge, I have to be firm,but I like to be compassionate
as well and, of course, alwaysrespectful and treat people with
dignity, and I do understandthat I'm a public servant as a
(16:38):
judge and that I'm there toserve not only the people that
have the cases, but also thelawyers where they earn their
living every day.
Yes, so I think all of that'svery important.
Dr. Brandon Hardin (16:50):
Have you
been scrutinized by the public
before?
On, let's say a specific case,I remember a case a while back
where you know, obviously, likeyou just said, you're in front
of all kinds of different people, different cases, every day.
You know what happens when yourname shows up in the news.
Do you ever get intimidated orscrutinized by the public?
Judge Schloegel (17:15):
Well, I have
been in some high profile cases
and I have been reported on inthe news a few times, several
times, just like anything.
I think you know you have thefrustration that well, the whole
story is not out there.
But again, I mean, they can'tnecessarily write the whole
(17:37):
story in just a small newspaperarticle and I get that Right
right.
So that's you know part of whatgoes on, or your feelings there.
I just I don't know.
I think I more or less justseparate myself from it and I'm
reading it like I'm readingabout anybody else.
Sure, and that, and that helpsme just just to kind of separate
(17:59):
myself from it, because at theend of the day, I got to go back
in there and do my job,regardless of how it's reported.
Dr. Brandon Hardin (18:07):
So, talking
about that, have you run into
any which I'm sure you have, butI'm going to ask anyway any
unexpected challenges as a judge?
Judge Schloegel (18:17):
Well, some of
my cases certainly have
challenged me in many ways and Ihad one very high profile case
that involved the Department ofMarine Resources and the State
Auditor's Office and thenewspaper the Sun-Herald, and
there was really all kinds ofconflict going on between all
(18:41):
three of these agencies andunbeknownst to me, and they all
ended up in my courtroom.
Dr. Brandon Hardin (18:47):
Whoa.
Judge Schloegel (18:47):
And so.
I just found myself in themiddle and I, you know, did the
best I could, but it um, but itdid require me to be firm and I
had to hold people in contemptand I had to sanction other
people and and very often, as ajudge, you're making rulings
that, uh, others don't like.
(19:08):
I mean, somebody is going towin, somebody's going to lose,
and you know that that peopleare going to leave the courtroom
being unhappy.
Maybe everyone leaves unhappyto some extent, because your job
is not necessarily to makeeveryone happy, but it's to do
justice within the meaning ofthe law right, right right and
interpret the law fairly.
(19:28):
Yes, that's right, and so itworks out for some people and
not for others.
Dr. Brandon Hardin (19:34):
Yeah,
absolutely so.
Let's talk about life beyondthe game, right, because that's
what the podcast is of being ajudge.
What does mentorship look liketo you, and do you engage in any
mentorship or teaching outsideof the courtroom?
Judge Schloegel (19:49):
Well, I do have
students that come to the
courtroom and they shadow me andthey observe law students, high
school students, collegestudents.
I've had this a lot.
I used to coach the high schoolmock trial team.
I did that for 11 years andwould teach that.
So you know, I say, was thatoutside of the courtroom?
(20:11):
I guess it's kind of inside andoutside of the courtroom, but
other than that I would probablyjust say that I was involved in
my children's schools and withtheir friends to try to mentor
that way.
Dr. Brandon Hardin (20:23):
Sure, yeah,
absolutely Obviously.
You've done a good job becauseyou have two lawyers as sons now
as well.
Judge Schloegel (20:27):
I do have two
yes, so that's always nice.
They're pretty good guys.
Yes, they are.
Dr. Brandon Hardin (20:33):
Absolutely.
So what does continued learninglook like?
So what does continued learninglook like?
I know there were some specialtimes that you've shared with me
when you'd go meet with otherjudges, like in Destin, to get
exposure to different cases andkind of talk amongst your
colleagues.
Judge Schloegel (20:55):
How do you keep
learning and growing as a judge
and do you have any favoriteresources or activities for
personal development?
Yeah, well, that's kind of twodifferent questions, but like,
for example, this week we hadthe judicial conference at the
Golden Nugget in Biloxi, so allthe judges from the state were
invited.
We have classes that are taughtto us.
So, just like in the medicalprofession, just like in the
accounting profession, otherprofessions you've got every
year you have to have so manyhours of continuing legal
(21:20):
education and so, as a judge,it's continuing judicial
education, and so the judicialcollege in Mississippi puts that
on and we go three times a yearand to those conferences.
So we just had a conference thisweek and it is very useful
because not only you'represented with a you know class,
(21:42):
but you're also meeting withother judges and so we're
talking and we're finding outwell how different things are
done in each person's court orhow they might tackle this
problem or that problem.
It's it's nice that we can talkwith each other about our cases
and get some differentperspectives, judicial
(22:04):
perspectives, ask questions ofeach other and continue learning
.
So it's very nice, especiallywith the older judges or judges
that have been doing it for along time.
I remember, when I was a newjudge, that they were so
generous with their time, youknow, to take my calls and my
questions and help me just todevelop those skills as a judge.
(22:26):
So your next question, yoursecond question, was what Again
remind me so, just like theactivities you do for your own
personal development.
Well, any resources.
Dr. Brandon Hardin (22:39):
You have to
do so.
Judge Schloegel (22:40):
Yeah, so those
I mean.
I just try to stay active as aperson in my community.
Certainly, when my childrenwere younger, it involved their
schools.
Now that they're older, not somuch that, but just community
organizations.
And then I like to exercise, Ilike to go to yoga, I like to do
different things that I thinkare just important to keep my
(23:03):
health up, and so socialfunctions, that type of thing.
So I think it's just a matter,I think, of lifestyle choices,
and it's just like anyprofession that it's easy to
somewhat get consumed, or youcan, and then lose your own
(23:24):
personal life, so you have tostay on top of both.
Dr. Brandon Hardin (23:26):
Absolutely.
Yeah, and I think you do thatvery well, absolutely.
Judge Schloegel (23:30):
I think it's
very difficult for lawyers, for
the legal profession as a whole,because you're dealing lawyers
and judges, because they have todeal with very weighty
situations.
There's a burden to it, likeyou said, like you asked me at
the beginning.
I mean you're going to affectsomeone's life or someone's
business or family.
Well, a lawyer has that as well,and it's not just the judge,
(23:54):
it's the lawyer too, and so it'svery important for lawyers and
judges to stay on top of theirpersonal lives and their
families and giving the rightattention to them so they can
stay healthy.
Dr. Brandon Hardin (24:09):
Sure, yeah.
So the final two questions here.
This has been a really greatpodcast, I'd say.
What about advice for aspiringjudges?
What advice would you giveyoung attorneys who aspire to be
judges?
Judge Schloegel (24:22):
one day?
Well, that's a good question Iwould like.
I said, shifting from the roleof an attorney to the role of a
judge is just a big.
It's a big change and it's verydifferent.
And so, but some attorneys, Ithink, can tell that they're
(24:45):
naturally cut out for that and,whether they've considered it or
not, if they stop for a minuteand think about it, they will
know within themselves whetherthat would be good for them or
not.
And so I think that it's good,especially if that attorney does
have the desire to bringresolution to conflicts, and
(25:13):
being a judge is one way to getinvolved in bringing resolution
to things and agreement is oneway to get involved in bringing
resolution to things andagreement.
And sometimes attorneys are in aposition where they might like
to solve the conflict but theycan't, just because of the
position that they're in.
So if they tend to want to bemore on the resolution side, it
(25:36):
might be good for them toconsider being a judge.
Dr. Brandon Hardin (25:38):
Right, right
, yeah, that's good advice.
And then what about legacy andimpact?
What legacy do you hope toleave, both as a judge and as an
individual, in your positionnow as a Chancery Court judge?
Judge Schloegel (25:54):
Gosh.
Well, I hope my legacy would bethat I was fair and that I
treated people with dignity andrespect, as I said, and that I
did not judge anyone based upontheir last name, their color,
their religion, their gender oranything else.
Really just that I took thefacts as they were presented to
(26:17):
me at face value and that Itried to do the right thing, and
I would.
That's the kind of legacy thatI would like to leave, whether
as a judge or just as a person,just as someone who lives with
integrity and treats peopleright and well.
(26:37):
Even though we might not alwaysagree, I think it's important
that you just treat people withrespect.
Dr. Brandon Hardin (26:44):
Yes,
absolutely, that's beautiful.
Yeah, for sure.
So you know, I'm kind of thesame as a physician, so I teach
the sports medicine departmentfor Memorial and it's so fun to
get to hear our residents comein and say your patients really
love you.
Well, it's because I'm fair.
I treat them with respect.
You know, I think there arejust in every profession there
(27:07):
are going to be some people whomay not be best suited for that
job.
Judge Schloegel (27:10):
Right.
Dr. Brandon Hardin (27:11):
But then
there are people like you who
are, and I would say you'veyou've definitely led a good
last 14 years in the ChanceryCourt and I think you'd be a
great decision for voters in theupcoming election for Court of
Appeals.
And since a call of action,what would you like to say to
your voters if we get this out,so people can hear why you want
(27:34):
to be an appellate court judgefor this upcoming election?
Judge Schloegel (27:40):
Well, to the
voters, I would say that I just
want to take everything that Ihave learned for the last 14
years and use it on a higherlevel to serve more people in
the state.
So I'd be serving the wholestate rather than just my three
counties, and so it's reallyit's a natural progression of my
legal career to take what I'velearned here and then take it to
(28:03):
the next level, and so it's mydesire to serve and to serve the
public, and this is a way, anopportunity for me to serve a
greater number of the people.
So I certainly would ask themto consider me.
They can look at my website tofind out more information about
me and and I would appreciate itif they did that and I
certainly would ask for theirvote.
Dr. Brandon Hardin (28:24):
Absolutely
Well.
You've got my vote.
Judge Schloegel (28:27):
So thank you
Absolutely.
Dr. Brandon Hardin (28:29):
Thanks for
coming on the show, Judge, and
we really appreciate your time.
Guys, remember that earlyvoting and that November 5th is
coming up very fast.
Do your research.
As Judge Schloegel asked, youcan go to her website.
Judge.
What's the website?
Judge Schloe (28:45):
JenniferSloegelcom
.
Dr. Brandon H (28:46):
JenniferSchloegel
.
com and find out moreinformation there.
We really appreciate you guystuning in and we'll see you next
time.
Judge Schloegel (28:54):
Thank you.