Photo by EKATERINA BOLOVTSOVA on Pexels.com

Do judges know what they’re doing?  This is a question that I ask myself at least once or twice per week. 

Generally speaking, I believe that most judges do know what they are doing most of the time.  There are, of course, outliers.  Some judges have a deep knowledge of the law and take the time to thoroughly review the substance of each day’s motions and pleadings before the court session begins.  Some judges, on the other hand, are not so knowledgeable or diligent.   Aside from these outliers, the vast majority have a decent grasp of the law and a willingness to listen to facts and arguments in an unbiased way before rendering a decision.

Nevertheless, there certainly are times when the judge seems out of his depths on a matter and still makes a ruling—without first educating and informing himself.  Such uninformed rulings can be financially devastating to litigants or, in criminal proceedings, can result in unjustified jail time for defendants.

The job of a judge is by no means easy.  They hear dozens of cases every day—some of them dealing with highly complex issues.  Moreover, not every case brought before the judge has a readily identifiable “winner and loser” or “good guy and bad guy.”  In addition, the state’s laws are too numerous and too convoluted for anyone to master.  So it is inevitable that judges must, on occasion, fly by the seat of their pants and render a decision without adequate knowledge of the applicable laws and regulations.

With all that said, judges should still be held to a very high standard and their deficiencies should not be excused lightly.  They are, after all, the most powerful official in the courtroom and, in most cases, the most highly-paid person in the building.