Judges are required to comply with the Code of Judicial
Conduct. These are mainly common-sense
rules to protect the dignity of the Court and the judicial process and to set
forth the ethical rules the judge must obey.
One of the Canons in the Code requires that a judge maintain
“order and decorum in proceedings before the court”.
As a judge, especially one who has served for many years,
there is an issue that we may become so accustomed to presiding over the many
and various cases that come before us that we consider the “All rise!” a call
to just another day at the office. To
the people who appear before us, however, it very well may be the most
important day of their lives. This is
true no matter how trivial or unimportant the matter may seem to the
judge.
As a judge, I have an obligation to enforce discipline in
the courtroom. We do serious work in
that room, and I have a duty to maintain the decorum that lets people know that
serious work and important decisions happen here.
I have observed a few judges who have a very informal,
conversational style in the courtroom.
That method seems to work for them, but I think that being too informal
depreciates the dignity of the Court.
On the other hand, I have observed judges that rule their
courtrooms most strictly. People
appearing in those circumstances are often cowed into silence, just by the
judge’s attitude.
So we walk the fine line of maintaining order and decorum on
the one hand, while attempting to put the litigants enough at ease that they
can tell their story. Sometimes, it is a
difficult matter. When emotions run
high, as in domestic cases or marriage dissolutions, it puts pressure on the
judge. When a person representing
himself just doesn’t understand, it is hard to maintain patience and courtesy
while explaining what he wants just won’t happen. These situations can be even more difficult
if the person does not speak English and the conversation goes through a
certified interpreter.
The most important thing for folks coming to court is to be
assured that they have been heard. By
balancing the discipline to maintain proper decorum and the relaxed attitude to
encourage the free flow of information, a judge can do the best job possible.
As the comment to the Rule of Decorum states “Judges can be
efficient and businesslike while being patient and deliberate.”
