Even though I try to judge every day as well as possible,
after a certain length of time, the position can become routine. The cases are, for the most part, common and
unremarkable. The attorneys who appear
before me are competent and reasonable.
It can be tempting to go on autopilot.
To the people who appear in Court, it is possibly the most
important day of their lives.
To the judge, it may be just “another day at the office.”
I must remind myself that everyone who appears before me
expects to win. If they don’t expect to
win, they deserve to have Justice, which means they must be heard. They deserve to know that the judge has heard
their side and considered it seriously.
Even though I have a reputation of moving calendars along
quickly, it is the rare case that I don’t ask, “Is there anything else I should
know?” When the person (usually but not
always, a non-lawyer) starts to ramble, I try to summarize what I’ve heard from
them and then ask, “Does that accurately state your position?” That is often enough for them to know that I
have heard what they have said. I may
not agree with them, and rarely will I announce my decision at that time, but the
important thing is to let the parties know I have heard and understood the
argument they are making.
A colleague told me of a survey that was conducted in his
courthouse. People coming out of
conciliation court – small claims court where no lawyers are allowed – were
asked about their experience. One lady
was livid. She complained that the judge
had not listened to her. He had not let
her tell her side of the story. The
whole experience was a travesty.
The interesting thing, however, was that her opponent had
not appeared for Court. He was in
default. She had won!
But, she felt she had not been heard.
It’s just another one of the balancing acts that judges face
every day: Keep the calendar moving so
the cases are heard in a timely manner while at the same time ensuring that the
citizens who appear before us have their day in Court.
So, we strive to judge as if it were our first day on the
bench. We strive to judge as if it were
our last day on the bench. We strive to
judge so that this day, if it’s the
only day that is considered, will find us good and competent administrators of
Justice.
Because, for many who appear before us, it is their first day in court, their last
day in court and their most important day in court.
* *
* * *
Next week: I Know You
Not!
