A
judge’s work involves activities in 4 areas:
hearing evidence, researching the law, deciding issues before trials and deciding cases.
Hearing Evidence
During hearings in
court, judges listen to the
arguments and evidence presented by the
parties involved in a case. Sometimes this involves listening to the
testimony of witnesses or looking at photos and other evidence that a lawyer gives to the court to support his arguments.
When listening to evidence, a judge makes sure that the proper legal rules are followed and that each side has the chance to fully present his case to the court. Part of this job includes making sure lawyers representing each side of a case treat each other with respect.
Researching the Law
Judges must be experts in various
areas of the law. The types of cases they hear depends on the court they work for, but no two cases are ever the same, and the law changes frequently. A judge must continually research the law to stay up to date on new legal developments. Judges regularly take courses to discuss changes in the law and new issues they need to be aware of when deciding cases.
When it comes to making
decisions about a particular case, the judge must make sure she is applying the correct law to the
facts presented to her. She often has a team of legal researchers helping with background research. The judge must know what to ask researchers to look at and how to incorporate what they find into her final
judgment. Usually the legal research is focused on what the law says about a certain subject, or how similar cases have been decided in the past. Both of these guide a judge in making a fair judgment in line with the law.
Deciding Issues Before Trials
It often takes many months and sometimes years for a case to get to court and for a judge to make a final decision. Sometimes before a case gets to court, there are issues that are so important they need to be decided immediately. A judge might be called on to meet with lawyers and make a decision about certain issues
right away. The judge can also decide important issues during a 'pre-trial'
motion (a kind of mini-hearing to decide 1 or 2 issues and not the whole case).
For example, in a
criminal case, a judge might have to decide whether a person
accused of a crime should be kept in prison while waiting for his
trial. In a
civil case, a judge might be called on to decide which spouse gets to live in the house while waiting for the
divorce hearing. A judge could also be called on to stop someone from destroying evidence before a trial.
A judge’s decision on these issues is key to keeping things on track while parties wait for their case to be heard. These decisions also play a role in making sure both sides can present all of the evidence needed for a fair trial.
Deciding Cases
At the end of a hearing, a judge makes a decision about the outcome of the case. This decision must be respected. It sets out the rights and
obligations of each person involved in the case. When making her decision, a judge considers all the evidence presented during the hearing, the law that applies to the case and what other judges have decided in similar cases. The judgment usually requires people involved in a case to do something, such as pay a
fine, pay a debt, serve time in prison, etc. However, a judgment can also find that someone is not
guilty, or not responsible for paying money to someone else.
The judge can deliver her decision orally at the end of a hearing, or later as part of a written judgment. In the time in between the end of the hearing and the release of the written judgment, the judge reflects on the issues. Sometimes she goes back and look at records of what happened in court. She then studies the law further and releases a written judgment.
Where do judges work?
Judges work in different levels of courts (municipal, provincial and federal). A judge is assigned to one court for a set period of time. Sometimes a judge will be appointed to a different court later in her career.
The type of cases a judge hears depends on which court she works in. For example, divorce cases are heard by judges in the Superior Court of Quebec. Criminal cases involving people who were young at the time the
offence was committed are heard in the Youth Division of the Court of Quebec (a court that specializes in youth cases).
Judges usually have ‘’chambers’’ or offices in a courthouse. They use this space to do research on the law, keep their case files and write their judgments. Usually all of the judges of a particular court have their offices in the same building and near to each other. This is a secure place that the public does not have access to so that judges can write their decisions in private.Judges also have their own special entrance to the courtroom through a secure hallway.
Some judges also work at 'itinerant' courts, which are courts that travel to remote areas where there isn’t a courthouse. The judge flies in to this remote area to hear cases regularly to make sure the residents of that community have access to justice.