Hot answers tagged

44 votes

Judge Judy specific retaliation: technically ethical?

This wasn’t an actual court case. The show seeks people in civil disputes and pays them to have their case arbitrated by Judy instead of settled in court. (The legal term for this is Alternative ...
Shazamo Morebucks's user avatar
38 votes
Accepted

Are judges immune from prosecution of crimes committed while acting as a judge?

It is true that judges in the US have absolute immunity from any lawsuit for damages arising from their performance of judicial functions. This applies even if those actions were corrupt, malicious, ...
cpast's user avatar
  • 23.4k
35 votes
Accepted

A sitting judge is claiming to represent a client against me. Should I file a bar complaint?

No, the Texas Code of Judicial Conduct permits County Judges to practice law except "in the court on which he or she serves or in any court subject to the appellate jurisdiction of the county court, ...
David Reed's user avatar
35 votes

What is the legal basis for judges being able to see classified material?

united-states The simple answer is the procedures adopted under the Classified Information Procedures Act. Under Personnel Security, they say that: No person appointed by the court or designated for ...
cpast's user avatar
  • 23.4k
33 votes
Accepted

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

Just like every other contested assertion They hear the testimony (evidence-in-chief, cross-examination, redirect), look at whatever physical evidence and submissions on the law that the party wishes ...
Dale M's user avatar
  • 192k
28 votes

What is the idea behind German courts having both professional judges and lay judges?

Lay Judges? The lay judges in Germany are called Schöffen. I will refer to them as such in the following because just calling them lay judges as a German feels kind of wrong, as they carry the full ...
Trish's user avatar
  • 31.3k
24 votes

Is there any way to hold a judge accountable for the harm caused by a bad decision?

NO If there were no extenuating circumstances (or they should not have been looked at as they were not presented), the losing party can petition for reconsideration and appeal the decision as a matter ...
Trish's user avatar
  • 31.3k
23 votes
Accepted

Judge Judy specific retaliation: technically ethical?

If this case was decided before a real judge, rather than Judge Judy, the impertinent party could be held in direct contempt of court (imposed summarily and punishable by penalties similar to a ...
ohwilleke's user avatar
  • 185k
23 votes

Can a lawyer at trial keep shouting objection in order to fillibuster?

I am guessing that the question is about the United States, since the "objection!" procedure is not the same in other places. The Supreme Court has held that even though you have the right ...
alexg's user avatar
  • 3,274
22 votes
Accepted

Can a lawyer at trial keep shouting objection in order to fillibuster?

canada The Criminal Code allows a court to "cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the ...
Jen's user avatar
  • 36.3k
21 votes
Accepted

What would happen if someone sued every judge in the country?

It would be dismissed sua sponte on grounds including absolute judicial immunity from civil liability. While conflict of interest rules for judges generally prohibit ruling on lawsuits in which you ...
ohwilleke's user avatar
  • 185k
19 votes

Are judges immune from prosecution of crimes committed while acting as a judge?

To answer the titular question: No, judges do not have immunity against criminal conduct in office. A recent notorious examples was the 2008 "kids for cash" scandal in which two Pennsylvania judges ...
feetwet's user avatar
  • 21.5k
17 votes
Accepted

How does one find a judge for highly publicized issues?

"Personal knowledge of disputed facts" doesn't refer to awareness of news reports or other facts available in the public record. That is public knowledge, not personal knowledge. It rather ...
phoog's user avatar
  • 33.6k
17 votes
Accepted

Calling a judge as a witness in a case that the judge is presiding over?

Parties may only call witnesses for the purpose of adducing* admissible evidence. Evidence is only admissible if it is relevant. If a witness cannot give any relevant evidence, then a party has no ...
sjy's user avatar
  • 8,159
16 votes

Can US Supreme Court justices / judges be "rotated" out against their will?

I will only address this part of the question: Who would be able to authoritatively decide the constitutionality of such a question, with all Supreme Court justices having clear conflict of ...
Nate Eldredge's user avatar
16 votes
Accepted

What happens to judges that are discredited with respect their legal actions?

The judge's decision is reversed or vacated, and then she continues being a judge as though nothing happened. There are essentially no consequences available for federal judges, with the exception of ...
bdb484's user avatar
  • 55.8k
15 votes

What happens if a judge disregards a mandatory minimal sentencing law?

united-states Minimum sentencing laws do not prescribe any punishment for a judge that simply refuses to obey them. See 18 U.S. Code § 3553 as an example that explains how sentencing must be enforced, ...
lawful-n00b's user avatar
  • 1,377
14 votes
Accepted

Why are magisterial judges not addressed with "your majesty?"

tl;dr: The terms have separate etymologies. Majesty derives from greatness, while magistrate comes from mastering something (people or a trade). Majesty Middle English (in the sense 'greatness of ...
Pat W.'s user avatar
  • 6,049
13 votes
Accepted

Can a judge force/require laywers to sign declarations/pledges?

canada In Canada, this would fall within a court's inherent jurisdiction to control its own processes. For example (in another context): Based on a reading of the authorities, I am able to conclude ...
Jen's user avatar
  • 36.3k
12 votes
Accepted

What happens if you tell the court you are not satisfied with your attorney's representation?

The judge would reject the defendant's guilty plea and proceed to trial. This is a common part of a plea colloquy, which is a standard (often scripted) conversation that occurs between the judge and ...
Ryan M's user avatar
  • 10.2k
12 votes
Accepted

Could a justice be sued in a case that goes, ‘‘all the way up to the Supreme Court?’’

To the title question, yes, of course, Justices are subject to the law same as anyone else is (at least in theory; whether actual practice bears that out is another matter). Chief Justice Roberts (...
zibadawa timmy's user avatar
12 votes

Can a lawyer at trial keep shouting objection in order to fillibuster?

You do not have the "right" to make baseless objections, either as a defendant or as a lawyer. Once the judge gets sick of you wasting the court's time, they will likely ask you to stop or ...
Comic Sans Strikephim's user avatar
11 votes

What happens if a judge disregards a mandatory minimal sentencing law?

new-zealand The prosecutor may appeal on the question of law whether the judge erred in not imposing the minimum sentence. The appeal court may agree and order the original court (not directly the ...
Greendrake's user avatar
  • 24.4k
11 votes

Can a lawyer at trial keep shouting objection in order to fillibuster?

“'tis my right as a lawyer that nobody can take away from me” What an imagination you have! You must follow the rules of the court and the judge will shut you down very quickly if you don’t.
Dale M's user avatar
  • 192k
10 votes
Accepted

Can a judge give a direct order to a police officer?

There is a special type of law enforcement officer, called a "bailiff" who is charged with maintaining order in a courtroom, and often, a bailiff is a direct subordinate of a judge who must ...
ohwilleke's user avatar
  • 185k
10 votes

Is there any way to hold a judge accountable for the harm caused by a bad decision?

YES There is a way to hold a judge accountable for harm caused by a bad decision: vote him out of office. Judges undergo a retention election every 6 years. The Judicial Performance Evaluation ...
user6726's user avatar
  • 206k
10 votes
Accepted

Are judges supposed to take public opinion into account?

united-states In the US Judges are generally not supposed to take public opinion into account, nor the views of executive officials, except as those are expressed in briefs or other documents ...
David Siegel's user avatar
10 votes
Accepted

Judge witnesses the whole crime

There is one context where this does happen. Common law judges have direct contempt power. This means that while a judge is in the courtroom presiding over a case, the judge can summarily punish ...
ohwilleke's user avatar
  • 185k
9 votes

How can the judicial branch enforce a judge's order against the CBP if it does not comply?

@Dale M is basically correct, but fudges a bit on the process. The court issuing the order would issue an order to show cause to a government official who is alleged by the person who sought the ...
ohwilleke's user avatar
  • 185k

Only top scored, non community-wiki answers of a minimum length are eligible