36
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 ...
- 23.6k
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 ...
- 33.8k
25
votes
Accepted
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
Short of forging the judge's signature or acting with a conflict of interest, there's really not much a law clerk can do to "improperly" contribute to the judge's work.
Although Trump's ...
- 57.2k
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 ...
- 4,971
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 ...
- 44.1k
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 ...
- 8,661
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 ...
- 44.1k
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 (...
- 2,913
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 ...
- 4,694
12
votes
In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?
Article III judges are appointed for life, "subject only to removal by impeachment" (United States ex rel. Toth v. Quarles, 350 U.S. 11, 16 (1955)).
This is a consequence of the "good ...
- 44.1k
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.
- 198k
11
votes
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
canada
For a comparative perspective, I present the situation in Canada, which seems to match bdb484's answer for the U.S.
Communication between a judge and their law clerk within the scope of the ...
- 44.1k
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 ...
- 196k
9
votes
Can a judge or prosecutor be compelled to testify in a criminal trial in which they officiated?
The answer to this question will be almost entirely informed by the why that you've asked us not to consider.
If the prosecutor or judge is a witness, the defendant should be able to call them, but ...
- 57.2k
9
votes
In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?
In the United States Federal Judiciary, is impeachment and conviction
by the Senate the only means to remove a federal judge?
Basically. A federal judge can also be removed on account of their death, ...
- 196k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 44.1k
7
votes
What is the legal basis for judges being able to see classified material?
This is probably a reference to 50 USC 3163:
Except as otherwise specifically provided, the provisions of this subchapter shall not apply to the President and Vice President, Members of the Congress, ...
- 29k
7
votes
Could a justice be sued in a case that goes, ‘‘all the way up to the Supreme Court?’’
The problem is the Statute of Limitations
Let's say Abel defames Bob. Abel then studies law and becomes a judge, and about 30 years down the line becomes Supreme Court Judge Abel.
Now, Defamation is ...
- 33.8k
7
votes
Does being overturned on appeal have consequences for the careers of trial judges?
united-states
Does being overturned on appeal have consequences for the careers of
trial judges?
In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
- 196k
7
votes
Can a US govt lawyer become judge?
Yes. For example, immediately prior to her appointment to the Supreme Court of the United States, Justice Elena Kagan was the Solicitor General of the United States.
Wikipedia notes, citing Olivia ...
- 44.1k
6
votes
Accepted
Board of 9 judges in Japan?
The Professional And Lay Judges In The Scene
Murder trials in Japan take place in a regional court called the "high court" which is one level below the Japanese Supreme Court.
Trials of very ...
- 196k
6
votes
Recourse for biased judges presiding over trial
united-states
Alice has no meaningful recourse. She has no legitimate argument to request that the judge recuse. If the judge makes a mistake of law, that can be appealed. Otherwise, she's stuck. In ...
- 196k
5
votes
Judge witnesses the whole crime
A material witness would not be assigned
The case would go to another judge.
- 198k
5
votes
Recourse for biased judges presiding over trial
new-zealand
Recusal is not an option. The guidelines require the presence of "circumstances" that might possibly lead to a "reasonable apprehension" that the judge is biased. ...
- 25.8k
4
votes
Calling a judge as a witness in a case that the judge is presiding over?
The judge on the stand?
Properly Done: A witness must be listed or motioned for, and witnesses can be denied
Any party in a lawsuit needs to list all witnesses well in advance of the trial. Presenting ...
- 33.8k
4
votes
What is the legal basis for judges being able to see classified material?
Only one of the other answers even brushes against this part of the question, so I'll focus on that, since it's really critical to fully answering the whole question.
Clearly it can't be the case ...
- 180
4
votes
Can a judge force/require laywers to sign declarations/pledges?
united-states
An attorney is required to tell the truth in court even if not under oath, and can be disbarred for failing to do so. For most practical purposes, an attorney is always under oath anyway....
- 196k
4
votes
Accepted
What does it mean that the RPT tribunal member in this case was “also sitting as a district judge of the county court”?
This is explained at paragraphs 2-4 of the decision you link.
There were two proceedings: a claim in the county court and an application to the Tribunal.
The county court claim was transferred to the ...
- 44.1k
Only top scored, non community-wiki answers of a minimum length are eligible