The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The broad liberty of appeal generally allowed is another reason
for hesitation on the part of trial judges to interfere more than
seems absolutely necessary with the management of a cause by
counsel. It is not merely the legal right of appeal but the
practice under it which is a peculiar feature of our judicial
system. A foreign lawyer often hesitates to cross swords with
the judge. He distrusts his own judgment if it differs from that
of the court. He defers to the opinion of the bench, not only as
stating the law of the case, but as probably stating the law of
the land. He therefore seldom appeals on minor points of
procedure, even if he could. In the United States probably one
case in ten of all that go to trial is carried up for review on
points of law; many of them mere matters of practice not
affecting the merits of the cause.
The American lawyer can also safely speak with freedom of the
conduct of the government or of high officials should it come in
question.
Those in any court, high or low, who hope for a reappointment
know that the best way to obtain it is to secure the good will of
the bar. The reputation of a judge depends on the opinion which
the lawyers have of him. The general public may be deceived as
to his character, ability and attainments; the bar cannot be.
In the public sessions of court there are few judges who are not
impressed with the necessity of maintaining the dignity of their
position as representing the power of the State. The lawyers
recognize this feeling as just. It is common for them to rise as
a body when the judge enters the bench. They find no difficulty
in using the conventional style of address of "May it please the
Court," or "May it please your Honor." When a ruling is made in
the course of a trial the lawyer, whose client is adversely
affected by it, accepts it without further discussion, simply
reserving his exception, if he have one, for purposes of review
in a higher court. If, in addressing the jury, counsel exceed
the bounds of professional license in commenting on testimony or
alluding to the character of the parties, the court will check
them without hesitation.
Public-domain text, read in full here on John Shaqi.
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