Also known as: apud iudicem · before the judge
Written by attorneys · grounded in primary & secondary sources — see below
The stage of litigation conducted before the judge in open court. This encompasses hearings, trials, and rulings on evidence or motions where the judge directly presides and decides issues presented by the parties.
Alan Ackerman sues the city over unpaid municipal notes. The assigned judge continues to hold city bonds acquired before the suit. Because the financial interest creates an appearance of impropriety in proceedings apud judicem, the judicial conduct board imposes discipline even though the judge never ruled on the notes themselves.
Ava Adebayo is convicted after her lawyer represented a prosecution witness in a prior matter. On collateral review the court holds an evidentiary hearing apud judicem to determine whether the lawyer's divided loyalties adversely affected the defense.
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Apollo Energy sues Marathon Pipe Line in bankruptcy court for breach of contract. The Supreme Court holds that the bankruptcy judge may not finally adjudicate the state-law claim apud judicem because Article III reserves that power to life-tenured judges.
Anthony Arnold moves to suppress his statement. The trial judge conducts a hearing apud judicem to decide whether the defendant knowingly waived his rights before the jury ever sees the evidence.
Adam Anderson objects to admission of his confession. The court holds a separate hearing apud judicem to determine voluntariness as a matter of law before the jury may consider the statement.
Anita Ali is tried for conspiracy. Before admitting hearsay, the judge makes preliminary findings apud judicem that a conspiracy existed and the statements were made in furtherance of it.
Apud judicem refers to the open-court stage where the judge presides over live testimony, rules on evidence, and renders decisions on the record. Pretrial matters may occur in chambers or by written submission without the same formalities of public adjudication.
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No. The duty to avoid entanglement arises from the appearance of impropriety created by owning securities of a party whose case is pending before the judge, regardless of whether the judge participates in any decision affecting those securities.
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A defendant is entitled to a hearing outside the jury's presence to determine voluntariness as a matter of law before the statement may be admitted for the jury's consideration.
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…by the suspect to mean that the burden is placed upon himself and that he may have counsel appointed only when brought before the judge or at trial—but not at custodial interrogation. As I view the FBI practice, it is not as broad as the one laid down today by the Court. [^maj-4]: In my view there is "no significant…