Courts -- United States; Trial practice -- United States
It is told that one of the leaders of the bar had formerly a young man
in his office who with advancing years and reputation was elected to
the bench. Before the first of January when he was to take his oath of
office, the old employer and friend sent for him. When he arrived he
was greeted as follows: "Joe, I've sent for you because I wanted to
see you before you become a judge. I am very fond of you and I wanted
to see you once again as you were, because after you go on the bench
you are bound to become a stuffed shirt, for they all do."
That so many escape is one of the wonders of human nature. That they
retain their humanity is due to a disposition of Providence to temper
the wind to the shorn lamb. The position necessarily takes away all
initiative. In politics the judge is recognized as being a "dead one."
After a few years on the bench only the exceptional man can fling off
the shackles of his profession and get back into real life. He ceases
from fighting, he is not energetic.
As a good judge he must be firm but restrained. He may not be too
emphatic. Every inducement is toward making him lazy, fat, and easy.
Before him everyone bows and waits for him to speak. He is the
absolute boss within the four walls of his court-room. The only
restraining influences are the reactions from the lawyers and
spectators who are before him. Their opinions can not be openly
expressed; they are reserved until afterwards. If a judge really has
any idea of the high esteem in which he is held, let him find out what
is being said of him after the case is over, as the clients and
lawyers are going down in the elevator, or what the rear benches have
been whispering.
He probably has a suspicion of this, but no matter how tolerant he
desires to be, there is the temptation to show that his authority is
supreme; that when the lawyers begin arguing a point on which he has
formed an opinion to cut them off; when the witness is trembling on
the stand as to whether the accident happened on a Thursday or a
Friday, to ask her, "Don't you know that Thursday was on the 16th of
April last year," which of course she does not. There is the
temptation to feel that he can never be wrong; that a question may be
reargued, but that he is not going to change his opinion.
Public-domain text, read in full here on John Shaqi.
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