What Judges Actually Do

If judges don’t spend their days doing one trial after another, what do they do?

They write opinions, decisions, and instructions regarding cases. Writing is such an important skill for judges that the Federal Justice Center publishes a Judicial Writing Manual for judges. It says “The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community… It is therefore not enough that a decision be correct – it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and satisfy the world that the decision is principled and sound. What the court says, and how it says it, is as important as what the court decides.”

Judges also teach by issuing legal decisions as candidly and clearly as possible that explain what he or she understands the law to be. In fact, according to Judge William G. Young, who has more than 40 years of experience as a first level judge, a judge’s first obligation is to teach the law. “Judges are law teachers. And everything we do revolves around that role.”

They preside over hearings and listen to and read arguments by opposing parties. There are many types of hearings, and they vary in length. For example, a status hearing to ensure that a case is moving along may last as little as 5 minutes. A plea hearing where a judge accepts the plea of a criminal defendant may last as little as 10 minutes. A motion hearing on whether a parent can relocate to another state with minor children may take hours or even days.

Some of the other things that judges do include:

• Read and evaluate information from documents, such as motions, claim applications, and legal briefs.

• Research legal issues.

• Approve warrants for searches or arrests.

• Work with judicial assistants, court reporters, bailiffs, and other courthouse staff to ensure that the court system operates efficiently and smoothly.