Written by attorneys · grounded in primary & secondary sources — see below
A judicial officer vested with authority to preside over legal proceedings, interpret and apply the law, and render judgments in disputes. The officer must maintain independence and impartiality, deciding cases solely on the law and facts without regard to external pressures or personal interests.
Sources & Authorities
How it applies
Common Examples
6
Presidential Appointment of Judge
The President nominates Jordan Jenkins to fill a vacancy on the federal district court. After Senate confirmation, Jenkins receives a commission and assumes the bench. The appointment process fulfills the constitutional mechanism for selecting federal judges.
Judge's Family Economic Interest
Judge Jerome Jackson learns that his spouse holds stock in Jennings Forge, a defendant in a pending contract dispute. Because the economic interest belongs to a family member residing in his household, the judge must recuse himself from the case.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
After leaving the bench, former judge Jillian James joins a law firm. She seeks to represent Jiang Textiles in a matter over which she presided as judge. Without informed consent from all parties confirmed in writing, the representation is barred.
Judge Deciding Personal Jurisdiction
Jonathan Jaffe sues Jarvis Aviation in state court over an aircraft component. The judge evaluates whether the defendant's mere awareness that its product might reach the forum suffices for jurisdiction and concludes that additional contacts are required.
Judge Handling Solicitation Charge
James Johnson is charged with soliciting another to commit arson. At the preliminary hearing the judge determines whether the common-law misdemeanor elements are satisfied by the evidence presented.
Judge Modifying Litigation Schedule
John Jones moves to extend discovery deadlines in a civil action. The judge finds good cause and grants the modification, thereby altering the pretrial schedule previously set under the federal rules.
Common questions
Frequently Asked
5
What ethical obligation prevents a judge from favoring a party to secure a future appointment?+
A judge must decide cases based solely on the law and facts and may not permit political or financial relationships to influence judicial conduct or judgment.
Supporting sources
May a judge change a ruling to avoid public criticism or blame?+
No. A judge must not be swayed by public clamor or fear of criticism when deciding cases.
Supporting sources
Does using an official court email to promote a family member's employment prospects violate judicial ethics?+
Yes. A judge may not use the prestige of judicial office to advance the personal or economic interests of the judge or others.
Supporting sources
When must a judge recuse because of a family member's financial stake in a party?+
Recusal is required when the judge knows that the judge's spouse, domestic partner, parent, child, or household family member has an economic interest in the subject matter or a party.
Supporting sources
What constitutional provision governs the appointment of federal judges?+
The President nominates and, with Senate advice and consent, appoints judges of the Supreme Court and other federal courts.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…-- Case information - Court: Supreme Court of the United States - Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction…