Chapter Eight:

JUDGES

What do Judges do?

Inherent Powers of the Judge

Patronage

Prestige

Judicial Independence

Public Perceptions of Judges

The public believes thatthe judge is most responsible for ensuring that

the system operates fairly and impartially

and,

the public believes that judges arethe principal decision makers in court.

Judges and the Courtroom Workgroup

Judges are “reactive” to the actions of other courtroom workgroup members.

Informally, judges share powers with other courtroom workgroup members, i.e., judges accept bail, plea, and sentence recommendations from other courtroom workgroup members.

Judge participation varies between and within jurisdictions, i.e., judge shopping by prosecutors and defense attorneys.

Sanctions are a two-sided sword for the judge and the courtroom workgroup members.

Legal Duties of the JudgeInclude the following:

The Judge:

Appoints counsel if necessary.

Signs search warrants if needed.

Sets or revokes bail.

Determines whether there is sufficient probable cause and informs defendant of charges.

Legal Duties of the JudgeInclude the following:

(cont’d)

The Judge:

Rules on pretrial evidentiary motions.

Accepts pleas.

Preside over trials if necessary, i.e., rules on evidence and procedures and instructs jury.

Sets punishment.

The Role of the Judge in the Steps of Criminal Procedure

Major Issues for Judges

Caseloads

and

Court Administration

Selection of JudgesFEDERAL

(Article III Judges)

Screening by the Deputy Attorney General

Approval by the Standing Committee on the Federal Judiciary and the American Bar Association (informal).

Presidential or Executive appointment

Confirmation by the Senate

Political Influence

STATE

(3 Selection Processes)

Gubernatorial or Legislative appointments

Judicial elections, i.e., partisan and nonpartisan.

Merit selections – a hybrid system which involves the governor, the public, the legal profession, and popular elections.

All three are politically influenced.

Selection of State Judges(Trial Courts of General Jurisdiction

How can federal and state legislaturescontrol the power

of the Judge?

How does determinate or indeterminate sentencing affect judges and their decisions?

What is a lenient sentence?

When judges impose lenient sentences – is that a form of misconduct?

Judicial Accountability versus Judicial Independence

Questions

How should we judge judges?

What issues should be considered?

Judicial Misconduct

Judicial misconduct is a form of ‘misbehavior’ which includes a wide range of behaviors such

as making arbitrary decisions, lying under oath, disregarding the law, and corruption, i.e. bribes.

Judicial misconduct should not be confused with those judges who become ‘unfit’ for duty due to impaired mental capacity or age. However these are factors in which a judge can become

removed from office either forcibly or by law, i.e., age requirements.

Formal Methods of Judicial Removal from Office

FEDERAL

Judicial Councils Reform and Judicial Conduct and Disability Act.

Judicial Conference

Impeachment proceedings which may include the House of Representatives and the Senate.

Sanctions include the imposition of nonpublic sanctions and removal from office.

STATE

Elections/recall elections;

Judicial Conduct Commissions

Sanctions include: private admonishment, public censure, retirement, or removal from office.

Judicial Diversity

The major issue is thatfemales and minorities are

significantly underrepresented in both federal and state courts.

Question

What are some reasons that might explainthe lack of diversity in our courts?