Also known as: presides · presided · presiding · president · presiding judge · president judge
Written by attorneys · grounded in primary & secondary sources — see below
To exercise authority over a meeting, proceeding, or deliberative body by directing its order, ruling on procedural matters, and ensuring fairness in its conduct.
Select any source to read its text and confirm it supports the definition.
Pedro Pacheco, newly elected President, assumes office and begins directing the operations of federal agencies through executive orders. His authority to preside over the executive branch flows directly from the constitutional vesting of power in that office. When challenges arise to his directives, courts examine whether he acted within the scope of that vested authority.
Patricia Patel, an alien detained as an enemy combatant, petitions for habeas review to contest the basis of her indefinite detention ordered by the President. The reviewing court requires a meaningful opportunity for her to challenge the President's authority to preside over detention decisions and introduce new exculpatory evidence. Without such process, the detention order cannot stand.
Priya Prasad serves as the presiding judge in a contract dispute between Philip Powell and Pioneer Energy. When Powell seeks to call Judge Prasad as a witness to events she observed during pretrial conferences, the court excludes the testimony outright. No objection is required to preserve the error for appeal.
Parker Phillips, appointed chair under the bylaws of Phoenix Technologies, opens the annual shareholder meeting and sets the order of business. When a shareholder raises a point of order, Phillips rules on the matter and enforces the meeting rules. His decisions control the conduct of the proceedings.
The Senate convenes to try the President on articles of impeachment for bribery. The Chief Justice assumes the chair and administers the oath to senators before presiding over the presentation of evidence. Conviction requires a two-thirds vote of members present.
Congress enacts a statute allowing either house to veto an executive decision on immigration matters. When the House exercises the veto to alter the legal status of an alien, the Court holds the action invalid because it bypasses the requirement that the President preside over presentment of legislation. The veto bypasses bicameral passage and presentment to the President.
The Chief Justice of the United States presides over the Senate trial of the President. This ensures an impartial officer outside the legislative branch directs the proceeding.
Supporting sources
No. Federal Rule of Evidence 605 flatly prohibits the presiding judge from testifying as a witness. The rule applies even without an objection from a party.
Supporting sources
The bylaws designate the chair, or the board of directors appoints the chair in the absence of a bylaw provision. The chair then directs the order of business and rules of the meeting.
Supporting sources
…the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the…