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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 ...
cpast's user avatar
  • 23.9k
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
  • 39.8k
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 ...
bdb484's user avatar
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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
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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
  • 57.1k
18 votes

Can a judge be barred from office under the 14th amendment for offering aid and comfort to an insurrectionist?

Is this a correct interpretation of the provisions of section 3 of the 14th amendment? No. A good faith ruling on a disputed legal issue by a judge is not providing aid and comfort. Can a judge be ...
ohwilleke's user avatar
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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
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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
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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 ...
Jen's user avatar
  • 57.1k
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 Seraphim's user avatar
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
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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 ...
Jen's user avatar
  • 57.1k
11 votes

What happens to a trial if the presiding judge is unable to finish the trial?

canada Criminal trials Under s. 669.2 of the Criminal Code, where a judge dies or is for any reason unable to continue, the proceedings may be continued before another judge. If it was a judge-alone ...
Jen's user avatar
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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 ...
bdb484's user avatar
  • 60.3k
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, ...
ohwilleke's user avatar
  • 218k
9 votes

What happens to a trial if the presiding judge is unable to finish the trial?

Under Criminal Rule 25, a new judge will be appointed to hear the case. That judge can either familiarize himself with the record and resume the trial, or he can order a new trial.
bdb484's user avatar
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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 ...
Jen's user avatar
  • 57.1k
8 votes
Accepted

How can a judge send the jury out of the courtroom?

The jury is sent out of the court room when what is going on in the courtroom is not evidence properly before the jury. Examples where this happens: voir dires as to the admissibility of evidence (or ...
Jen's user avatar
  • 57.1k
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, ...
Nate Eldredge's user avatar
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,...
ohwilleke's user avatar
  • 218k
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 ...
Jen's user avatar
  • 57.1k
7 votes
Accepted

What processes exist for ensuring high quality judges and judgements? (UK)

england-wales Background and Appointment Process The United Kingdom has separate judicial systems for England and Wales, Scotland, and Northern Ireland, respectively. This answer does not consider ...
ohwilleke's user avatar
  • 218k
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 ...
ohwilleke's user avatar
  • 218k
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. ...
Greendrake's user avatar
  • 27.5k
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 ...
Trish's user avatar
  • 39.8k
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 ...
computercarguy's user avatar
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....
ohwilleke's user avatar
  • 218k
4 votes

When did the US Supreme Court drop the 'Mr' before Justice?

Sandra Day O'Connor was appointed shortly after the court stopped using that form, and it was in anticipation of the appointment of a woman, although nobody knew which woman or when it would happen. ...
Michael Hardy's user avatar

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