A Judge's Duty Is To Judge

A judge plays many roles, but one of the most important is to render a decision between conflicting parties. In rendering a decision, a judge must be impartial and unbiased. He or she must carefully consider the evidence, weigh the credibility of parties and witnesses and apply the law. A judge must stay above the battle and resist being drawn into the dispute to such an extent that the judge must conduct their own legal research and make a judgment utilizing facts and legal theories that neither party raised before the court.

The role of a judge, accordingly, places a corresponding duty on the parties and their lawyers to fully raise the issues that are relevant to a dispute and to explain those issues in their written materials and oral arguments. Failure to do so will result in a case being delayed and the court strongly rebuking the work of the lawyer.