The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Many courts hold a certain number of stated "terms" annually, the
first day of which is fixed by statute, and each of which is
adjourned whenever the business that may come before it is
finished, lasting sometimes but a few days and sometimes months.
In a number of States such terms are opened by prayer offered by
a minister of religion, invited in for the purpose by the sheriff
or court attendant. No regular chaplain is employed, and one
term may be opened by a Presbyterian minister and the next by a
Roman Catholic priest.
In some of the smaller counties in Massachusetts the sheriff or
his deputy daily escorts the judge to and from the court house,
in accordance with what has been the usage from colonial times.
Formerly it was the practice in New England to ring the bell of
the principal church in the town daily at the hour when court
opened.[Footnote: This was continued in Connecticut until the
last quarter of the nineteenth century.]
In many courts it is the custom for all present to rise on a
signal from the sheriff or marshal when the judge enters the
court room to take his seat on the bench. This is the general
usage in the federal courts and in the appellate courts of
States. In the latter a formal proclamation is often made by the
sheriff to announce the coming of the judicial procession,
concluding with a "God save the Commonwealth." In some States
formal bows are interchanged between bench and bar as the judges
take their places, after which the court is opened by the
customary proclamation and the bar then requested by the judges
to resume their seats.
The rules of official precedence are strictly observed in
appellate courts. In entering the court room the chief justice
advances first, and his associates follow in the order of the
dates of their commissions, the senior associate justice taking
his seat on his right, the second in seniority on his left, the
third in seniority on the right of the senior associate justice,
and so on; the junior in commission occupying the end seat on the
left of the bench.
Public-domain text, read in full here on John Shaqi.
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