Chief judge

“ If, however, there is for the time being no Chief Justice able so to act, then the President of the Court of Appeal shall be so authorised, empowered, and commanded, and, if there should be no President of the Court of Appeal able so to act, then the Senior Judge for the time being of the Court of Appeal, shall be so authorised, empowered, and commanded ”

“ Those issuing from the Supreme Court shall bear teste of the Chief Justice of the United States, or, when that office is vacant, of the associate justice next in precedence, and those issuing from a district court shall bear teste of the judge, or, when that office is vacant, of the clerk thereof.' We do not essay a definition of the word 'process' in every context. ”

“ Public utterances and circulars from Presidents Roosevelt and Taft and from Secretaries of State Root and Knox have pointed out the importance of trying to establish a permanent court, with judges ever present, paid by the associated nations, [343] selected from among men of such a high moral standing as to be above influence of creed or nationality, true citizens of the world, fit magistrates to judge the world. ”

“ Nothing is more simple than an American court of justice. Four walls innocent of decoration of any kind, a few plain chairs or benches. No uniforms, no robes, no wigs, no trumpets, no liveried ushers. The judge and the barristers are in black frock-coats. The ushers are not quite so well dressed as the barristers, and that is all.
As in England, the accused is not allowed speech. If he has questions to put, his counsel is at his side, and speaks for him. It is the counsel who examine and cross-examine the witnesses, and plead before the jury. The judge presides, and does nothing more. ”

“ At the end of this first year, 1790, Attorney-General Edmund Randolph in a report to Congress urging changes in the Judiciary Act also advocated abolition of this Circuit duty, saying: "Those who pronounce the law of the land without appeal ought to be pre-eminent in most endowments of the mind. Survey the functions of a Judge of the Supreme Court. He must be a master of the common law in all its divisions, a Chancellor, a civilian, a Federal jurist and skilled in the laws of each State. ”

“ Its utterance is the guide for the court, which is always subordinate to it, and bound to enforce every law passed by it.39 How different from the authoritative position of the courts in the United States, where there is no department of the government in which sound political views are more valuable than in the judiciary. No lawyer can be found with the requisite strength of mind and character to make a good judge on the Supreme Bench who is not a man of clear, well-defined, and vigorous political opinions. ”

“ Under the old system, when the Courts of Common Pleas, Exchequer, and Queen's Bench existed, each division had a chief who was responsible for the work of his court and the mode in which it was administered. The judges now hold a meeting, at which they make their own arrangements for circuits and for appointments to the various courts. Although the Lord Chief Justice is supposed to control the order of work, the judges in effect have a free hand as regards their own duties. ”

“ The Judge-Advocate attends every trial and coaches the Court in everything, from the etiquette of taking off your cap when you are taking the oath to the duty of rejecting "hearsay." He never prosecutes—that is always the task of some officer specially assigned for the purpose—but he may "sum up." ”

“ My objection to the power exercised by the president in this case arises from the nature of the judicial office, when held by a judge of a court of record, and from its conflict with the tenure of the office conferred by the law under which the appellant was appointed.
1. The idea essentially appertaining to and involved in the judicial office is that its exercise must be free from restraint, without apprehension of removal or suspension or other punishment for the honest and fearless discharge of its functions within the sphere of the jurisdiction assigned to it. ”

“ Every four years the legislature of each State will form a list of as many attorneys, with the qualifications expressed in the preceding article, as there are States, and will remit it, duly certified, to the Federal Council in order that this body, from the respective lists, may select a judge for each State in the organization of this high tribunal. ”

“ Throughout the whole trial, the Commission took the law from the Judge-Advocates with the unquestioning docility usually manifested by a jury on such matters in civil courts. In truth, the main function of a Judge-Advocate appears to be to furnish law to the Court, as in civil courts the main function of the Judge is to furnish law to the jury. ”

“ The administration of justice to-day is not the swift judgment of honest men upon a criminal act, but a clever game between judge and lawyer, in which the action of the jury is discounted entirely and the moves are made with a view to checkmating justice, not in the trial courtroom, but before the appellate tribunal two or three years later. ”

“ The institution of the jury, one of very questionable utility in its best aspects in a country of really popular institutions, becomes nearly intolerable, unless the courts exercise a strong and salutary influence on the discharge of its duties. This influence, unhappily, has 149been gradually lessening among us for the last half century, until it has reached a point where nothing is more common than to find the judge charging the law one way, and the jury determining it another. ”

“ Where the court is opened for business by order of the judge, it is the duty of the marshal to attend, and there is no reason why he should not receive his per diem therefor as if the judge were actually present. ”

“ If there is any business, not of first-rate importance, requiring the presence of the judge at a distance, the delegation of the deputy or deputies is the proper resource.
Besides the judge and his deputy, there are two adjuncts to every tribunal, which are of the utmost importance; indispensable, indeed, to the due administration of justice. These are, a pursuer-general, and a defender-general. The business of both pursuer-general, and defender-general is, to reclaim the execution of all laws in the execution of which the nation has a peculiar interest, though individuals may not. ”

“ Under the impetus for reform following World War I, the original draft of what became the 8th Article provided that every general court-martial should have a judge advocate whose duties were to be similar to those of the 'law member,' as finally provided for. The proposed Article would have provided further that such judge advocate of the court be a member of the Judge Advocate General's Department or an officer whose qualifications were approved by the Judge Advocate General. ”

“ The appointment of no judge of any court is “otherwise provided for in the constitution;” and therefore [Pg 434] the appointment of all the judges in whom “the judicial power of the United States is vested,” belongs by the constitution to the President and Senate; and this “judicial power” cannot be delegated to, nor exercised by, any persons not so appointed.
The courts may appoint “inferior officers,” such as clerks, criers, or masters in chancery; but these are not “judges;” ”

“ In a trial by jury in a federal court, the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law. This discharge of the judicial function as at common law is an essential factor in the process for which the Federal Constitution provides. ”

“ It is stipulated that judges, who are appointed by the crown, may not be dismissed except in consequence of judicial sentence, nor transferred against their wishes from one tribunal to another, unless in the event of a reorganization of the courts; [799] that they shall exercise their functions strictly in compliance with law; that in criminal cases and cases involving political offenses trial shall be by jury; that in the administration of justice there shall be, so far as practicable, publicity and oral procedure ”

“ Every person appointed to be a judge of the Federal Court shall, before he enters upon his office, make and subscribe before the Governor-General or some person appointed by him an oath according to the form set out in that behalf in the Fourth Schedule to this Act. ”

“ When an assigned judge has presided at the trial of a cause, he is to have power, though the period of his service has expired, and though he may have returned to his own district, to perform the functions which are incidental and supplementary to the duties performed by him while present and acting in the designated district. ”

“ The essential characteristic distinguishing the jury from the judge is especially marked by the origin of their authority; for the jury is a judge simply because he is a citizen, whilst the magistrate is a judge only by popular election or appointment by the head of the State. So that any one who has entered on his civil and political rights, and is of the necessary age,

ought, according to the spirit of the institution, to administer justice on every civil or criminal question, whatever its importance, and not only in giving the final verdict, but also in conducting the trial. ”

“ The principal officers of the court are the judge who is elected monthly by the committee, and the attorney-general who is appointed at the same time by the master. The court assembles every week: and the jury, consisting of six, is 'chosen by lot from among the whole number of qualified boys:' disqualifications arise in three ways ”

“ And I do hereby authorize and empower the said judge to make and establish such rules and regulations as may be necessary for the exercise of his jurisdiction, and empower the said judge to appoint a prosecuting attorney, marshal, and clerk of the said court, who shall perform the functions of attorney, marshal, and clerk according to such proceedings and practice as before mentioned and such rules and regulations as may be made and established by said judge. ”

“ The chosen judges will also advocate for the merit of the party that chose them to the extent that they can under the law and the third judge will hear the claims and rule honestly. If the two judges cannot agree on the third judge, the leaders of the city will provide the judge. If there are no leaders in the city, the plaintiff will go in front of three and force the defendant to be judged in front of them. ”

“ In England, according to the principles of the common law, a judge cannot hold any other office; and according to the practice there for more than a century, no instance can, I believe, be shown, where a judge has been appointed to any other, than a judicial office, unless it be the honorary post of privy counsellor, to which no emolument is attached. ”

“ The courts of justice, to which allusion has been made, are composed of elders; or not unfrequently the chief of the district acts as the magistrate. When two persons fall into a dispute and bring it before the court, an officer comes for the litigants, and ties together the corner of their quarries. ”

“ Nay, the very officials who administer these laws are generally as grossly ignorant of them as it is possible to be, and in every judge's yamen in the Empire there are one or two "law experts," who are always prepared to give chapter and verse at a moment's notice,—in fact, to guide the judge in delivering a proper verdict, and one such as must meet with the approbation of his superiors. ”

“ The judge of any court is vested with full powers to investigate and decide any case, subject, however, to an appeal to the King. There is, however, seldom such an appeal, as, in other instances of oppression, the unchained lions in the way are numerous. ”

“ It seems to be the opinion of most students that the state courts would be improved if their judges were appointed by the chief executive and should hold office for life, or during good behavior, as is the case in the federal courts. ”

“ A survival of the “non-regulation” system is to be found in the title of deputy-commissioner for the district officer elsewhere called collector. The highest judicial authority is styled the chief court, consisting of five judges, which corresponds to the high court elsewhere. ”

“ The Judge-Advocate-General is instructed to revise the proceedings of the court-martial in the case of Major-General Fitz-John Porter, and to report fully upon any legal questions that may have arisen in them, and upon the bearing of the testimony in reference to the charges and specifications exhibited against the accused, and upon which he was tried. ”

“ In 1892 he was appointed a judge of the Sixth Circuit, United States Court, and became known as a fearless administrator of the law. Several decisions were particularly objectionable to organized labour. ”

“ Inferior judges are appointed normally for life, but under conditions prescribed by law they may be dismissed or relieved of their duties by decision of the High Court. Finally, the High Court constitutes a tribunal before which, upon charges brought by either the sovereign or the lower chamber, members of the States-General, heads of the ministerial departments, governors-general, members of the Council of State, and commissioners of the crown in the provinces, may be prosecuted upon charge of offenses committed in office. ”

“ In 1800, owing to the growth in extent and wealth of the presidency, a supreme court of three judges was established by charter dated 26 Dec., with Strange as chief justice. In 1801, under the apprehension of a French attack from Egypt, two volunteer battalions were organised, one commanded by the governor, Lord Clive, the other by the chief justice. ”