Federal Court Basics
Part 012

Who Are the People in the Courtroom?

The judge. The judge presides over the trial from a desk, called a bend on an elevated platform. The judge has five basic tasks. The first is sin ply to preside over the proceedings and see that order is maintained The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case. Fourth, in bench trials, the judge must A determine the facts and decide the case. The fifth is to sentence convicted criminal defendants.

Federal appellate and district judges are appointed to office by t! President of the United States, with the approval of the U.S. Senate Before their appointment, most judges were private attorneys, but son were
judges in state courts, federal magistrate or bankruptcy judges, U.S. attorneys. A few were law professors. Once they become judges they are strictly prohibited from working as lawyers. They must be careful not to do anything that might cause people to think they would favor one side in a case over another. For this reason, they can't give speeches urging voters to pick one candidate over another for public office, or ask people to contribute money to civic organizations.

Presidents almost always appoint judges who are members of their political party, but that doesn't mean that judges are given appoint­ments solely for partisan reasons. The professional qualifications of prospective federal judges are closely evaluated by the Department of jus­tice, which consults with others, such as lawyers who can evaluate the prospect's abilities.

Most federal judges retire from full‑time service at around sixty‑five or seventy years of age but are still federal judges, eligible to earn their full salary and to continue hearing cases if they and their colleagues wish them to do so. Most of them continue to serve part‑time after retirement.

Under Article III of the Constitution, federal judges serve "during - good behavior." Therefore, they may be removed from their jobs only if Congress determines, through a lengthy process called impeachment and conviction, that they are guilty of "treason, bribery, or other high crimes and misdemeanors." Congress has found it necessary to use this process only a few times in the history of our country. From a practical standpoint, almost all federal judges hold office for as long as they wish. Article III also prohibits lowering the salaries of federal judges "during their continuance in office."

The Constitution includes both of these protections‑life tenure and unreduced salary‑so that federal judges will not fear losing their jobs or having their pay cut if they make an unpopular decision. Sometimes the courts decide that a law that has been passed by Congress and signed by the President, or a law that has been passed by a state, violates the Constitution and should not be enforced. For example, the Supreme Court's decision in Brown v. Board ofEducation in 1954 declared racial segregation in public schools to be unconstitutional. This decision was not popular with large segments of society when it was handed down. Some members of Congress even wanted to replace the judges who made the decision. The Constitution would not let them do so, and today, almost everyone realizes that the decision was right.

The constitutional protection of federal judges that gives them freedom and independence to make decisions that are politically socially unpopular is one of the basic elements of our democracy. According to the Declaration of Independence, one reason the American, colonies wanted to separate from England was that King George .made judges dependent on his will alone, for the tenure of their office and the amount and payment of their salaries."

Bankruptcy judges and magistrate judges are appointed by the courts they serve. They conduct some of the proceedings held in federal court They also assist the district judges. Bankruptcy judges handle almost all bankruptcy matters. Magistrate judges often help prepare the district judges' cases for trial. They also may preside over misdemeanor trials and may preside over civil trials when both parties agree to have the case heard by a magistrate judge instead of a district judge. Magistrate judges and bankruptcy judges do not have the same protections as judges pointed under Article III of the Constitution.

The jury. The group of people seated in the boxed‑in area on one side of the courtroom is the petit jury or trial jury. You won't be able, to observe the grand jury during your visit because its proceedings always secret.

Juries were first used hundreds of years ago in England. The jury a factor in the events that led to the Revolutionary War. The Declaration of Independence charged that King George III deprived the colonists "in many cases, of the benefits of trial by jury." Thus, our Constitution now guarantees the right to a jury trial to most defendant criminal cases and to the parties in most civil cases.

In federal criminal cases, there are usually twelve jurors and between one and six alternate jurors. Alternate jurors replace regular jurors, become ill, disqualified, or unable to perform their duties. In federal civil cases there can be from six to twelve jurors. Unlike in criminal cases, there are no alternate jurors. All of the jurors are required to join in the verdict unless the court excuses a juror from service during the trial or deliberations.

The lawyers. The lawyers for each party will either be sitting at the counsel tables facing the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but to do so using approved legal procedures. In criminal cases, one of the lawyers works for the executive branch of the government, which is the branch that pros­ecutes cases on behalf of society. In federal criminal cases, that lawyer is the U.S. attorney or an assistant U.S. attorney. A U.S. attorney is cho­sen by the President, with the approval of the Senate, for each of the ninety‑four judicial districts. The U.S. attorney also represents the United States in civil cases in which the U.S. government is a party.

Under the Constitution, as the Supreme Court has interpreted it, persons accused of serious crimes who cannot afford to hire a lawyer may have lawyers appointed to represent them. In the federal courts, these lawyers are usually from the Federal Defenders Office, a federal agency, or from private defense organizations, or from panels of private lawyers deemed qualified to represent such persons. Although the judge may appoint these lawyers, and they are usually paid with public funds, they do not work for the judge‑they work for their client, the defendant.

On relatively rare occasions, defendants in criminal cases or parties in civil cases attempt to present their cases themselves, without using a lawyer. Parties who act on their own behalf are said to act pro se, a Latin phrase meaning "on one's own behalf."

The parties. The parties may or may not be present at the counsel tables with their lawyers. Defendants in criminal cases have a constitu­tional right to be present. Specifically, the Sixth Amendment to the Constitution provides that "the accused shall enjoy the right ... to be confronted with the witnesses against him." Parties in civil cases may be present if they wish, but are often absent.

The witnesses. Witnesses give testimony about the facts in the case that are in dispute. During their testimony, they sit on the witness stand facing the courtroom. Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiffs witnesses government witnesses, or defense witnesses.

The courtroom deputy or ckrk. The courtroom deputy or courtroom clerk, who is usually seated near the judge, administers the oath to the witnesses, marks the exhibits, and generally helps the judge keel the trial running smoothly. Sometimes the deputy or clerk is away from the courtroom performing other tasks during parts of the trial. Th( courtroom deputy is employed by the office of the clerk of court. The clerk of court is appointed by all of the judges on the court and work closely with the chief district judge, who is responsible for the court's overall administration.

The court reporter. The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. (In some courts, the official record is taken on a tape recorder.) Federal law requires that a word‑for‑word record be made of every trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript to review.

Federal Court Basics-Table of Contents 
Part 003-Map: Geographical boundaries of U.S. Courts of Appeals and U.S. District Courts-pdf

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