Judge

Judge

Definition of Judge

Note: See a more comprehensive approach to the Judge legal concept in the American Law Encyclopedia

An officer who presides over a court. A judge is the principal member of a court and is responsible for controlling the proceedings that take place there. The functions of judges vary by the kinds of courts on which they sit. Appellate judges, for example, review the record of proceedings at the trial level. The critical power of appellate judges is making decisions on rules of law. It is a decision making function exercised without assistance from others, such as executive branch officials or juries. The functions of trial judges are more diverse. Trial judges spend a substantial part of their time presiding over trials. Such trials are typically conducted with a jury, so the judge's role often is to supervise these proceedings rather than actually render a decision on the merits of the case. This function includes such tasks as applying rules of evidence, instructing juries, and maintaining order in the court. Judges perform these functions in trials without juries, but must act as fact-finder as well. While trials consume a great deal of time, very few cases are actually tried. A second function of trial judges is to facilitate settlement of disputes without having to go to trial. Often judges have pretrial conferences or use other methods of dispute resolution to promote agreements between the parties. Finally, trial judges perform various administrative functions. Generally, judges are responsible for the management of their courts. This involves preparing budget requests, recruitment of personnel, and supervision of court facilities. Judges are also responsible for managing case flow in their courts, a problem of major dimensions throughout the country. In many jurisdictions, the demands are sufficiently large and complex that professional Court Administrator (Law of the United States)s are delegated many of these functions.

See Also

Court Administrator (Law of the United States) (Law of the United States) Courtroom Work Group (Law of the United States) Discretion (Law of the United States) Magistrate (Law of the United States).

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Judge Related Resources

Notes

Judge

In the Past

A public officer, lawfully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions and not only judges properly so called, but also justices of the peace and jurors, who are judges of the facts in issue. See 4 Dall. 229; 3 Yeates's Reports, Pennsylvania, IR. 300. In a more limited sense, the term judge signifies an officer who is so named in his commission and who presides in some court.

Developments

Judges are appointed or elected, in a variety of ways, in the United States of America they are appointed by the president, by and with the consent of the senate; in some of the states they are appointed by the governor, the governor and senate or by the legislature. In the United States of America and some of the states, they hold their offices during good behavior; in others, as in New York (see more about this State laws here) , during, good behavior or until they must attain a certain age and in others for a limited term of years.

Details

Impartiality is the first duty of a judge; before he gives an opinion or sits in judgment in a cause, he ought to be certain that he has no bias for or against either of the parties; and if he has any (the slightest) interest in the cause, he is disqualified from sitting as judge; aliquis non debet esse judex in propria causa; 8 Co. 118; 21 Pick. Rep. 101; 5 Mass. 92; 13 Mass. 340; 6 Pick. R. 109; 14 S. & R. 157-8; and when he is aware of such interest, he ought himself to refuse to sit on the case. It seems it is discretionary with him whether he will sit in a cause in which he has been of counsel. 2 Marsh. 517; Coxe, 164; see 2 Binn. 454. But the delicacy which characterizes the judges in the United States of America, generally, forbids their sitting in such a cause.

Other Aspects

He must not only be impartial, but he must follow and enforce the law, whether good or bad. He is bound to declare what the law is and not to make it; he is not an arbitrator, but an interpreter of the law. It is his duty to be patient in the investigation of the case, careful in considering it and firm in his judgment. He ought, according to Cicero, “never to lose sight that he is a man and that he cannot exceed the power given him by his commission; that not only power, but public confidence has been given to him; that he ought always seriously to attend not to his wishes but to the requisitions of law, of justice and religion.” Cic. pro. Cluentius. A curious case of judicial casuistry is stated by Aulus Gellius Att. Noct. lib: 14, cap. 2, which may be interesting to the reader.

More Information

While acting within the bounds of his jurisdiction, the judge is hot responsible for any error of judgment, nor mistake he may commit as a judge. Co. Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates's Reports, Pennsylvania, R. 443; N. & M'C. 168; 1 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. R. 395; 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 Bay, 1, 69; 8 Wend. 468; 3 Marsh. R. 76, When he acts corruptly, he may be impeached. 5 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225.

Other Issues

A judge is not competent as a witness in a cause trying before him, for this, among other reasons, that he can hardly be deemed capable of impartly deciding on the admissibility of his own testimony or of weighing. it against that of another. a Martln's R, N. S. 312. Vide, Comyn's Digest (A digest of the laws of England, 1822) Courts, B 4, C 2, E 1, P 16 justices, 1 1, 2 and 3; 14 Vin. Ab. 573; Bac. Ab. Courts, etc., B; 1 Kent, Com. 291; Ayl. Parerg. 309; Story, Const. Index, h. t. See U. S. Dig. Courts, I, where will be found an abstract of various decisions about the appointment and powers of judges in different states. Vide Eguality; Incompetency.; [1]

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Notes and References

  1. Partialy, this information about judge is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including judge.

See Also

Judge (Judicial Personnel)

Judge

There is an additional definition in the world law dictionary.

Resources

See Also

  • Magistrate

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