What Does a Judge Do? Purpose: To explain how judges do their jobs Materials: None Ease of Presentation: Easy. Talking points that can be adapted for various groups. The points set out clearly the role of the judge and what happens at a trial (some details might have to be changed for particular jurisdictions). The judge adapting these points can flesh them out with examples. What Does a Judge Do? Many who work in the judicial system feel the public misunderstands the system—what it cannot do, what it can do, and how it functions. The role of the courts is often misconstrued, as is the role of the judge in society. The following points were taken from an outline for a presentation given at a bench-press seminar by District Judge Lewis D. Nicholls of Kentucky. We need to be willing to explain how we do our jobs: A. A judge is an appointed or elected magistrate who is tasked with promoting justice by presiding in a fair and impartial manner over court proceedings and deciding questions of law or discretion in which advocates present their cases for a resolution of the issues by a jury or the judge. B. Socrates once said, "Four things belong to judge: To hear courteously, to answer wisely, to consider soberly and to decide impartially." 1. Decide impartially a. To adhere strictly to and not divert from a standard of what has been determined as right, true or lawful. b. To be completely devoid of favor for or prejudice against one side more than the other. c. Being just means more than being fair. It means to demonstrate humanity; to feel compassion for and understanding of the concerns of the litigants as persons; a recognition that achieving justice to the litigants before you is more than slavish allegiance to dictates of mechanical jurisprudence. 2. A judge is like an umpire at a baseball game. He or she is not on either side. The judge represents neither the state nor the defendant in a criminal case. The judge represents neither the plaintiff nor the defendant in a civil case. The judge's job is to remain neutral and let the parties present their cases to the jury, which resolves the ultimate issues (called issues of fact). The parties present their cases according to a fixed set of rules (called issues of law), which the judge enforces. 3. When a jury hears a case and decides the issues, it is called the trier of fact. Sometimes the judge becomes the trier of fact in addition to deciding the issues of law. In a criminal case, this can only happen when the state and defendant both agree in writing. In a civil case, a party has to timely demand a jury trial; otherwise, it is a trial by the judge. C. What a judge does depends on the type of case before him or her. 1. Jury Trial a. A judge rules on questions of law at a jury trial. (1) What evidence is permitted to be heard by the jury. (2) What attorneys can argue before a jury. (3) Whether there is probable cause. (4) Whether evidence should be suppressed. b. A jury decides issues of fact. (1) Whether or not the defendant is guilty of the charged offense. (2) Whether or not the defendant was negligent or committed some other civil wrong and sometimes the amount of damages. c. The judge prepares the jury instructions. d. The judge instructs the jury on the issues they are to resolve. 2. Bench Trial a. The judge rules on questions of law. b. The judge decides the questions of fact. c. Bench trial can only be had upon written consent of both the state and the defendant in a criminal trial and only upon a timely and proper demand in a civil case by either party. 3. Preliminary Hearing at District Court a. The judge determines if there exists probable cause that a felony offense occurred and that defendant committed said offense. b. The judge appoints an attorney to represent the defendant. c. The judge sets bond. (1) Amount considering appearance of defendant at trial and the protection of the public (2) District Court loses jurisdiction of bond at end of preliminary hearing. 4. Plea of guilty by defendant a. The judge determines if plea is voluntary b. The judge considers recommendation of the state, if any (1) If the state recommends a sentence upon a plea of guilty, it is duty of judge to determine if terms of proposed recommendations are fair and reasonable. (2) Judge does not know of facts of case and therefore must rely upon recommendations of the state in most cases. (3) It is not duty of the judge to prosecute a case; it is the duty of the state to prosecute a case. D. A judge does not create cases. He or she only deals with them as they are filed. Adapted from an outline prepared by District Judge Lewis D. Nicholls of Kentucky, which appeared in the ABA publication Educating the Public About the Courts. Lawyers & Judges | Judges' Chambers