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.