The Kind of Judge I Want to Be: Unpretentious and Approachable

 A colleague of mine recently put in a motion with the court on behalf of a client. He then informally discussed with the judge why the arguments in his motion were sound, but with just this minimal exposure to the facts of the case, the judge didn't agree. In fact, he was somewhat affronted that this attorney would suggest a different understanding of the situation. As is standard in such cases, the attorney moved to more formal measures and requested oral arguments before the judge. The Uniform Trial Court Rules require that regardless of how ridiculous a motion may be, any party requesting oral argument is entitled to be heard in court.  Shortly after, when he had not heard anything, the attorney called the court clerk to find out the status of his request.  The clerk reported that the motion had already been dismissed, without the required oral arguments.  There was little my colleague could do other than take the case to the Court of Appeals. A judge has the ultimate say in a courtroom.  That doesn't, however, mean that a judge should be arrogant, above following correct legal procedures or unwilling to accept counsel from others. A good judge must be approachable and willing to hear each person out.  Additionally, a judge should acknowledge his or her limitations and mistakes without becoming defensive and making excuses. That is the kind of judge I want to be. 

10 Reasons to Write In Chris Bevans for Judge Position 7

Chris is honest.  Someone who holds the power to make life-and-death decisions about people in his courtroom must have this characteristic.

Chris is familiar with the appropriate law. His background as a general practitioner includes nearly all of the types of law that he might encounter as a judge.

Chris is accessible.  He is good at helping others understand the legal system in lay terms.

Chris is fair. He will begin each trial with no preconceived notions about the outcome.

Chris is humble.  He doesn’t take himself too seriously nor place himself above others.

Chris is sensible. He will make the most reasonable decision within the framework of the relevant laws.

Chris has integrity.  He will base decisions on what the law is rather than what he believes it should be.

Chris will be elected first by voters—not appointed by politicians.  The Oregon Constitution provides that all judges be elected to maintain the separation between the judicial and executive branches. This is a chance for Lane County voters to affirm their participation in this process.

Chris is committed to earning this position with an exclusively “grassroots” campaign.

Chris gives back to the community.  He generously gives his time to help others both as an attorney and as a member of the community.

The Kind of Judge I Want to Be: Objective and Impartial

Often in a criminal case, the judge will meet with both the prosecuting and defense attorneys in a settlement conference to encourage the parties to settle before going to trial.  On one such occasion, we had just sat down and the judge suggested to me that “it seems like a reasonable offer.”  I suggested that he hadn’t even heard any of the facts of the case and began to give my client's version of the facts. Upon hearing this, he turned to me with a knowing look that said, “Come on, we all know that this guy is guilty…why else would he have been charged?” We left without a settlement. Ironically, some days later when other facts in the case came to light the prosecution dropped the case entirely.  It is understandable for a prosecuting attorney to have this jaded attitude—it might be difficult to function on the job with daily inner turmoil about prosecuting someone who could be innocent. It is, however, unacceptable for a judge to have this biased stance.  A good judge simply must wait to make any judgment until all of the facts are presented by both sides. A good judge would not align himself with either of the sides and would remain neutral through the entire process. That type of judge is in a position to pronounce an objective and appropriate sentence. That’s the kind of judge I want to be.

The Kind of Judge I Want to Be: Fair and Balanced

When a jury is present in a criminal trial, it is the jury that decides innocence or guilt.  Then, it is the judge's responsibility to assign punishment (sentencing) if the accused is found guilty.  On one occasion I attended a trial where the evidence was extremely compelling and everyone in the court knew that the defendant had committed the crimes of which he was accused.  The jury found him guilty. Even at sentencing, the defendant continued to blame others for his actions. The judge could see that this man had no remorse for what he had done and chose to assign the maximum penalty possible under the law.  In a different setting, with a different defendant, a jury again found the accused guilty.  Though the prosecution recommended a severe penalty, the same judge considered that this was the first offense and recognized that this person had genuine remorse for the crime he had committed. As a result, he gave a less extreme punishment feeling that such a course of action would be better for everyone. This judge understood the importance of balancing the conflicting principles of justice and mercy and arrived at a fair and balanced decision in both cases.  That's the kind of judge I want to be.

The Kind of Judge I Want to Be: Going the Extra Mile

I handle a lot of family law cases in my private practice.  It's hard to watch couples going through divorce and custody battles where there are almost never true "winners".  On one occasion, I went with a client to the courthouse to try to resolve such a dispute, but instead of meeting in the courtroom, everyone concerned had agreed to meet for a settlement conference with the judge first.  We began at about 10 am and finally resolved all of the necessary issues by about 9 pm.  Our devoted judge had stayed four hours after the courthouse closed. There was no extra pay involved, but because of that extra effort, each of the opposing parties left with a much greater satisfaction with the settlement.  They had saved perhaps thousands of dollars in court costs and were much less likely to return to the court at a later date to dispute the results--A winning situation in a domestic relations case thanks to a committed judge.  That's the kind of judge I want to be.

Ask Chris: What Kinds of Cases Does a Circuit Court Judge Handle?

A Circuit Court Judge handles a wide range of the kinds of cases you hear about on a daily basis.  Some examples of typical cases would be: landlord-tenant disputes, divorce and custody hearings, misdemeanor and felony cases, estates, guardianship hearings, and juvenile court cases like delinquency or termination of parental rights. From these, judges may be assigned an area of specialty by the Presiding Judge, but they may hear other types of cases as they are available and there is a need.

Judges also can help with settlement hearings and mediation (where the two parties try to sort things out on their own before going to trial).

The Kind of Judge I Want to Be: An Encouraging Influence

I remember vividly my first 12-person criminal jury trial.  I was a relatively new attorney and though I felt prepared, I was still nervous.  The judge treated both attorneys with professionalism and respect,  even though we were both new, which made me feel more at ease.  The trial went smoothly and the jury returned their verdict.  Then, after the jury was excused, the judge addressed both attorneys and offered to review our individual performance, if we desired.  Anxious to improve myself and interested to know what he thought, I called and set up a time with him. The experience was one of the most influential and priceless of my legal career.  He went over his notes and shared a few suggestions on ways I might improve and then took the time to praise the areas in which he felt I excelled.  I left his office with my head held high.  Even now I am still profoundly affected by that experience.   I remember that as the moment my desire to be a judge went from a childhood dream to a professional possibility. He showed me a clear example of how valuable it is to earn respect by showing good judgement and an encouraging influence to those in the courtroom rather than intimidation and condescension. That's the kind of judge I want to be.