A judge has several roles in the courtroom. He or she “presides” over the court, which means a judge is the person in charge of managing all that takes place in that venue. This is not about power, but authority, as the judge represents the entire justice system when they sit on the bench.

Knowledge of the Law

Judges should know and understand the laws related to all cases that they hear. However, they should not know the facts of a case before they hear them; this helps a judge to be free from bias about the issues and the parties involved. A judge who deeply understands the law can listen to the arguments presented by both sides, and only after each has had a chance to show their view can a judge rule on who will prevail, or “win” the case. Along the way, judges will have to make evidentiary rulings to allow or suppress certain evidence and testimony – this is another area of the law all judges must know. The U.S. Constitution, the State (in which they judge) constitution, and case law direct judges on whether evidence or testimony is admissible or not.

The judge cannot allow their personal feelings or beliefs to influence decisions, nor should they be swayed by public sentiment or unrest before arriving at a ruling. As a police officer, I had to consider the facts in light of the law to decide if an arrest was warranted. It made no difference if I wanted to or not, it was my responsibility to follow the law. As a Cook County Judge in the 12th Subcircuit, I will do the same.

The Courtroom

As stated above, the judge is in charge in the courtroom. He or she enters the court each day with what is called a “docket” of cases to be heard. These cases can range from initial court appearances where future actions will be heard, to status dates on ongoing matters and hearings on procedural issues or motions filed by the parties.  They can also result in full trials intended to resolve a case. The judge must be a proper manager to help facilitate the demands of each day’s docket. To be successful, the judge must be able to work with the clerks, attorneys, and the involved parties in a productive way.

Again, it is incumbent upon the judge to know the law as some actions by either party to a lawsuit may have required timetables, or must include specific information to be valid. If a party raises an objection, the judge must be able to resolve that with minimum delay. Ultimately, the “pace” of a lawsuit or case is driven by the judge’s courtroom management. A common complaint about the justice system is that it moves too slowly. An important role of a judge is to keep cases moving forward so they do not linger without resolution.

The Participants

The judge needs to establish the tone of the courtroom to maintain professionalism and civility. The parties who bring a lawsuit or those who have lawsuits brought against them (the litigants) and their lawyers can often become hostile to one another and amongst themselves. The judge must maintain appropriate decorum to keep this behavior from occurring. By treating all parties with respect, the judge has the right to demand respect from all parties, not just to the judge, but between the parties as well.

As you can see, there are many moving parts to a courtroom, and it is the judge who is at the helm, hoping to keep the proverbial “ship” in calm waters. If the docket does not move forward in an expedient fashion, if the various participants do not know what is expected of them, and if parties in court are not treating one another civilly, a judge must make it a key priority to keep order in the court.

Matt Taylor served as a law enforcement officer for more than 23 years. While working days he attended law school at night and passed the Bar while still working as a police officer. He was admitted to the Illinois Bar Association 20 years ago, and now represents clients in transactional, civil, and criminal law cases in the Cook County courts. He respectfully asks for your vote on November 5th!