Every year, more than 100 million cases are filed in state courts, and federal courts see 400,000 cases. There are 30,000 state judges and 1,700 federal judges who watch over these proceedings that are played out in the various courts around the country. These judges silently impact the lives of every citizen in the US.
There are different types of courts where cases are heard in both the state and federal systems. In the state court system, cases are first seen in a trial court, where a decision is made. If the parties involved appeal the case, then the case goes to an appellate court.
The appellate court category is composed of the court of last resort (the Supreme Court) and the intermediate appellate court. The structure of the state court system varies from state to state. For example, Oklahoma and Texas have courts of last resort for both criminal and civil cases, and Tennessee and Alabama have two intermediate appellate courts for both criminal and civil cases. All but 10 states have a court of appeals (intermediate appellate courts).
General jurisdictional courts hear various types of civil and criminal court cases. These are referred to as circuit, district and superior courts. Jurisdictional courts are composed of courts that hear specific types of cases involving probate, juvenile law and family law. Other jurisdictional court judges are county, municipal and justices of the peace who handle criminal cases involving misdemeanors and civil cases involving small amounts of money.
While the state court system sees a variety of cases, the federal court system only sees cases involving federal laws and the Constitution. The federal court system covers the entire country. Unlike the state system, which varies from state to state, the federal court is composed of appellate and trial courts that hear specific cases. The federal court system is also composed of municipal and local courts that hear cases under certain local laws. Laws that are established through legal precedence in federal courts become the law of the land.
How does one become a judge?
Many players are involved in turning the wheels of justice, but one of the most central roles is that of the judge. Judges rise to this position in a few ways. State judges can be appointed by a governor and partisan, non-partisan and legislative elections. Typically, appellate court judges are appointed by the governor, and trial court judges are elected in the state court system.
In the federal court system, Article II of the Constitution mandates that federal judges are appointed by the President of the US through Senate confirmation. In essence, federal judges oversee cases in the Court of International Trade, District Courts, Court of Appeals, and the Supreme Court (Article III courts). Once a judge is appointed to a seat, they are appointed for life, often referred to as tenure. In less important federal courts (Article I courts), judges are appointed to the bench in a few ways.
What are the qualifications required to be a judge?
The qualifications required to be a state or federal judge are different. Moreover, within the state judicial system, the qualifications required to be a judge also vary. However, in every state court of last resort, intermediate courts, and major trial courts, judges must have a law degree. Some states have age, experience and residence requirements, but they all require that the judge have US citizenship.
In contrast with the rules that govern state judges, the rules that govern federal judge requirements are not as set in stone. For one, there is no minimum age requirement to be a federal judge. Also, judges are not even required to have a law degree, even though it is an implicit qualification for sitting on the bench. In fact, criminal justice programs at colleges such as the Central Christian College of Kansas offer assistance in earning a law degree. There are a few exceptions, however. In the case of bankruptcy judges, they must have a law degree, and magistrate judges must have been a member of the bar for five years.
The above-mentioned requirements provide guidelines for choosing an appropriate judicial candidate. However, outside of skillsets, educational requirements and life experiences, judges should have other skills.
What skills outside of the official requirements do judges typically have?
The court system is central to American democracy for a few reasons. Through the process of hearing cases, it establishes legal precedence, which is a means for creating law throughout the country. Think about all the landmark cases that have changed the way that justice is meted out in the courts. For example, our Miranda rights are the result of the case Miranda v. Arizona.
Outside of establishing laws, criminal justice serves a role in maintaining a balance in governmental powers. The judicial system plays a vital role in the checks and balances aspect of the American government, preventing the government from becoming authoritarian. Finally, the judicial system plays a central role in ensuring that society remains safe from victimization that happens due to criminal activity. For all the above reasons, judges should have the qualities listed below.
Independence
For judges to function free from prejudice and protect the interests of all parties, they must be free from any loyalties that might interfere with their ability to rule impartially. This is important because, in the case of federal courts, judges who have loyalties cannot administer justice in a way that protects the civil rights and liberties of the American people. For instance, judges cannot be involved in backroom deals because these associations color the outcome of cases. Worse yet, it can place the judge in a position of facing retribution for ruling or not ruling in favor of a particular case.
This independence also extends to personal biases. Judges are humans and come to the bench with a lifetime of experiences, good and bad. However, good judges can separate their personal feelings, opinions and biases from the facts before them. Ultimately, they make good, sound decisions that are based on the parameters of the law and not loyalties.
Impartiality
Partiality is not useful in a court of law. For this reason, a judge should not make decisions based on a defendant or plaintiff’s background. This is primarily because partiality undermines the very purpose of the law, which is to administer justice fairly and equally. Remaining impartial also protects the interest of every member of society.
A judge who rules impartially, mostly in favor of the wealthy or politically connected, to curry favor with this group handicaps the law’s ability to protect marginalized people. For this reason, race, religion, ethnicity, socio-economic class, gender, and a host of characteristics that define human beings should not interfere with a judge’s ability to hear a case and administer a ruling.
Temperament
The ability to look at the facts of a case and then apply the law refers to a judge’s temperament. This skill also refers to the judge’s ability to synthesize all the communications that the attorneys, counsel, witnesses and defendant/plaintiff give during the proceedings to ultimately give a just ruling. This means listening to all parties quietly and courteously – regardless of the events in the courtroom, the judge treats everyone with dignity and respect. A good judge can do all the above, and judges who exhibit this type of temperament create a safe environment for everyone involved in the case.
Furthermore, temperament extends to the appearance of impartiality in a courtroom. For instance, when cases become heated, a judge with the right temperament understands that theatrics interfere with the ability of witnesses to testify without being influenced, the ability of lawyers to effectively argue their position, and the ability to have some semblance of control over the classroom. Judiciary temperament goes a long way in establishing courtroom order and respect for the authority of the court, which ultimately strengthens the country’s legal system.
Communication skills
The judge must not only listen to witness testimony and legal arguments, but must also give directions. From the onset of the court case, the judge must provide the jury with instructions. As each witness takes the stand, the judge also directs the witness, providing them with a set of instructions. During the trial, the judge must interject when a counsel has overstepped their bounds, and this must be done quickly. By the end of the trial, the judge must not only issue a ruling, but they must also include reasons that are succinct and clear to all parties involved. For all the above reasons, a judge must also have good listening skills.
Patience
Good judges are also very patient. Sometimes, a case takes years to be heard because of the circumstances. All parties in the case have a right to be heard, and sometimes this might cause interruptions. Often, the judge listens through testimonies that are implausible, dubious at best, but they must exhibit patience. A judge who makes decisions too rashly sets up a situation where the ruling might be overturned in an appellate court.
Emotional quotient
The emotional quotient refers to a person’s people skills, or how well they interact with others. In a court of law, people skills are helpful because every day, the judge must interact with courtroom staff in a way that is not going to create friction in carrying out the functions of the court. Courtrooms run more smoothly with a judge who has people skills.
Cultural awareness
The US is composed of so many different types of people who not only come from diverse backgrounds, but also have a wide range of political and religious views. Even with its problems, the US has had success in triumphing over some of the issues that other countries with multicultural makeups have not been able to conquer. This is because understanding and mutual respect have been the cornerstones of getting through these issues. Diversity and inclusion are bridges that invite people from all over the world to participate in the American form of democracy.
For this reason, judges should exhibit some measure of cultural awareness. Being aware of the nuances that govern other cultures is important in being able to decide cases fairly and without prejudice. Furthermore, the court is not in a vacuum where it does not impact society. Judges who are not aware of the cultural nuances in the community can make decisions that are not only harmful to the people involved with the case, but also to the entire community.
Community-minded
Being connected to the community means being involved with it. In contributing time to the community, the judge interacts with community members in a way that keeps them in touch with the people. While the priority of the judge during a case is to look at the facts and then apply the law when ruling, in instances where community sentiment plays a role, knowing how people in the community feel about an issue is important.
Compassion
Laws provide communities with standards to live by. By the same token, while the law is exact and direct, judges often have discretion in meting out decisions. For example, in criminal cases, a judge is given sentencing guidelines. However, given mitigating circumstances, the judge can decide to be lenient. A compassionate judge understands that the plaintiffs/defendants that come before them have issues (that is why they are in court), so they apply the law fairly and within legal parameters given the facts of the case.
Humility
Humility goes a long way in building relationships with all parties in the case and keeping lines of communication open. Judges are usually astute people, but like all humans, they make mistakes, such as misunderstanding some aspect of the case. A judge who exhibits humility admits when they have erred.
Are you still thinking about a career as a judge?
With that said, being a judge requires the individual to not only have hard skills but also a host of soft skills. If you are still thinking about pursuing a career in criminal justice or as a judge, then consider factors such as understanding the roles that are a part of the judicial system. This is important to learn not only about each role but also about the overall process of administering justice.
Also, consider the demands of the job. In fictionalized crime dramas, the camera pans to the judge during the case, and the actor says a few insightful things to retain the attention of the viewer. End of story.
However, television judges do not put in the amount of time that is required in a real-life court case. In a typical case, the judge remains on the bench for extended periods. More importantly, they must give their full attention to the cases before them. Ultimately, the work of a judge is demanding, and can be gruelingly long.
Finally, before sitting on the bench, the judge has committed so many years to the law or some other industry. Not only have they done this, but they have also made the political connections to be elected or appointed. Furthermore, in the case of state judges, they have exhibited a level of experience in their specialty. However, once on the bench, judges can find themselves in this role for anywhere from four to 14 years, serving fixed or renewable terms. In the case of federal judges, they sit on the bench for life. In either case, the judge has devoted their life to a career in the criminal justice system.
Final thoughts
The judicial system provides those who want to participate in the legal process with several opportunities to do so. As a judge, an individual is given the authority to administer justice and mete out punishments. At the same time, this position provides the judge with the unique opportunity to participate in history by seeing cases that culminate in landmark decisions. While not quite as glamorous as making landmark rulings, judges provide an important service to communities in keeping everyone safe.
Because of the role of the judge in the criminal justice process, they must possess both hard and soft skills. Whether these skills are acquired while attending an academic program or are career skills picked up along the way, they ultimately provide the individual with the personal and professional competencies to fulfill the role. These skills help in creating an environment conducive to hearing a case; they build rapport and good relationships with court staff and legal counsel; and they set the foundation for making an impartial ruling. A good judge sets part of the foundation for supporting and strengthening American democracy in the 21st century.
