- Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts.
- They preside over cases concerning every aspect of society, from traffic offenses, to disputes over the management of professional sports, to issues concerning the rights of huge corporations.
- All judicial workers must ensure that trials and hearings are conducted fairly and that the court safeguards the legal rights of all parties involved.
- The most visible responsibility of judges is presiding over trials or hearings and listening as attorneys represent their clients.
- Judges rule on the admissibility of evidence and the methods of conducting testimony, and they may be called on to settle disputes between opposing attorneys.
- Also, they ensure that rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, judges interpret the law to determine how the trial will proceed.
- Judges often hold pre-trial hearings for cases. They listen to allegations and determine whether the evidence presented merits a trial.
- In criminal cases, judges may decide that people charged with crimes should be held in jail pending trial, or they may set conditions for their release. In civil cases, judges and magistrates occasionally impose restrictions on the parties until a trial is held.
- In many trials, juries are selected to decide guilt or innocence in criminal cases, or liability and compensation in civil cases. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict.
- When the law does not require a jury trial or when the parties waive their right to a jury, judges decide cases. In such instances, the judge determines guilt in criminal cases and imposes sentences on the guilty; in civil cases, the judge awards relief—such as compensation for damages—to the winning parties to the lawsuit.
- Judges also work outside the courtroom, in their chambers or private offices. There, judges read documents on pleadings and motions, research legal issues, write opinions, and oversee the court's operations.
- In some jurisdictions, judges also manage the court’s administrative and clerical staff.
- Judges' duties vary according to the extent of their jurisdictions and powers.
- General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They usually try civil cases that transcend the jurisdiction of lower courts and all cases involving felony offenses.
- Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court judges or administrative law judges.
- Appellate court judges overrule decisions if they determine that legal errors were made in a case or if legal precedent does not support the judgment of the lower court.
- Appellate court judges rule on a small number of cases and rarely have direct contact with litigants—the people who bring the case or who are on trial. Instead, they usually base their decisions on the lower court's records and on lawyers' written and oral arguments.
- Many State court judges hear only certain types of cases. A variety of titles are assigned to these judges; among the most common are municipal court judge, county court judge, magistrate, and justice of the peace.
- Traffic violations, misdemeanours, small-claims cases, and pre-trial hearings constitute the bulk of the work of these judges, but some States allow them to handle cases involving domestic relations, probate, contracts, and other selected areas of the law.
- Administrative law judges, sometimes called hearing officers or adjudicators, are employed by government agencies to make determinations for administrative agencies.
- These judges make decisions on, for example, (1) a person's eligibility for various Social Security or workers' compensation benefits, (2) protection of the environment, (3) the enforcement of health and safety regulations, (4) employment discrimination, and (5) compliance with economic regulatory requirements.
- Some people work as arbitrators, mediators, or conciliators instead of as judges or magistrates.
- They assist with alternative dispute resolution—a collection of processes used to settle disputes outside of court.
- All hearings are private and confidential, and the processes are less formal than a court trial.
- If no settlement is reached, no statements made during the proceedings are admissible as evidence in any subsequent litigation.
- There are two main types of arbitration: compulsory and voluntary.
- During compulsory arbitration, opposing parties submit their dispute to one or more impartial persons, called arbitrators, for a final and nonbinding decision.
- Either party may reject the ruling and request a trial in court.
- Voluntary arbitration is a process in which opposing parties choose one or more arbitrators to hear their dispute and submit a final, binding decision.
- Arbitrators usually are attorneys or businesspeople with expertise in a particular field.
- In arbitration, parties identify, in advance, the issues to be resolved, the scope of the relief to be awarded, and many of the procedural aspects of the process.
- Mediators are neutral parties who help people to resolve their disputes outside of court.
- Parties to a dispute often use mediators when they wish to preserve their relationship.
- A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves.
- Mediation proceedings also are confidential and private.
- If the parties are unable to reach a settlement, they are free to pursue other options.
- The parties usually decide in advance how they will share the cost of mediation. However, many mediators volunteer their services, or they may be court staff.
- Courts ask that mediators provide their services at the lowest possible rate and that the parties split the cost.
- Conciliation, or facilitation, is similar to mediation.
- The conciliator's role is to guide the parties to a settlement. T
- he parties must decide in advance whether they will be bound by the conciliator's recommendations.
- Arbitrators, mediators, or conciliators also use other forms of dispute resolution, including executive mini-trials, early neutral evaluations, and summary jury trials.
- An executive mini-trial is a process that involves negotiation including senior executives who have no involvement with the issues that led to the disagreement.
- Senior executives from each side listen to a summary of key elements of the dispute presented by each of the parties.
- The presentations may be made to the executives on their own, or by agreement of the parties, a neutral third party may be present.
- In early neutral evaluation, a person experienced in the subject matter of a litigated dispute will hold a brief, nonbinding meeting to hear the parties outline the key elements of their cases.
- The evaluator will identify the main issues and explore the possibility of settlement.
- If a settlement can’t be reached, the evaluator may assist the parties by indicating procedural recommendations.
- A summary jury trial is a form of alternative dispute resolution in which jurors are asked to render a nonbinding verdict after an expedited hearing.
- The verdict may be binding if the parties consent.
- Budgetary pressures at all levels of government are expected to hold down the hiring of judges despite rising caseloads in courts. However, the continued need to cope with crime and settle disputes, as well as the public's willingness to go to court to settle disputes, should spur demand for judges.
- Both the quantity and the complexity of judges' work have increased because of developments in information technology, medical science, electronic commerce, and globalization.
- Many individuals and businesses try to avoid litigation, which can involve lengthy delays, high costs, unwanted publicity, and ill will.
- Arbitration and other alternatives to litigation usually are faster, less expensive, and more conclusive, spurring demand for the services of arbitrators, mediators, and conciliators.
- The prestige associated with serving on the bench will ensure continued competition for judge and magistrate positions.
- However, a growing number of candidates are choosing to forgo the bench and work in the private sector, where pay may be significantly higher. This trend may lessen the competition somewhat.
- Turnover is low among judges, and most job openings will arise as they retire. Additional openings will occur when new judgeships are authorized by law or when judges are elevated to higher judicial offices.
- Jobs should be available for arbitrators, mediators, and conciliators, but opportunities may be limited because, as with judges, turnover is low. Once these workers have the appropriate qualifications and skills, they tend to remain in the occupation for many years.
- Those with certification and specialization in one or more areas of arbitration, mediation, or conciliation should have the best job opportunities.
Other occupations that require legal training and mediation skills include Counsellors, Law clerks, Lawyers, Paralegals and legal assistants, Private detectives and investigators, Title examiners, abstractors, and searchers.
This career information is drawn from data provided by the U.S. Department of Labor.