Judge advocate general

“ If the advocate refuses to defend, from what he may think of the charge or of the defence, he assumes the character of the judge; nay, he assumes it before the hour of judgment; and, in proportion [32] to his rank and reputation, puts the heavy influence of perhaps a mistaken opinion into the scale against the accused, in whose favour the benevolent principle of English law makes all presumptions, and which commands the very judge to be his counsel. ”

“ In fact, however, the judge advocate becomes the attorney of the Government, especially when the accused has the aid of counsel. His advice to the court becomes the rule of the court. Questions of testimony are important usually, and the line between what is competent and that which should be excluded is often a very delicate line. The judge should be a disinterested person. It is too much to assume that an advocate can in a moment transform himself into an impartial judge. ”

“ 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. ”

“ A partial remedy for possible evils may be found through the appointment of a judge from the civil courts, or of an experienced lawyer who should become the adviser of the court-martial, in place of the judge-advocate —thus leaving to him the duties of an attorney in behalf of the Government. ”

“ It creates a ministerial officer without legal responsibilities, and necessarily commits to his hands high interests of the government, and to some extent the rights and reputation of individuals, to be treated and observed without any stronger guaranty of fidelity than his own sense or impression of moral obligation. In the important duties of the judge-advocate as recorder, adviser, and prosecutor, the utmost deference to the dignity of the court should be apparent ”

“ A service set aside is never service by which a judgment in the action can be upheld.
The doctrine invoked by counsel, that, where a court has once acquired jurisdiction, it has a right to decide every question which arises in the cause, and its judgment, however erroneous, cannot be collaterally assailed, is undoubtedly correct as a general proposition, but, like all general propositions, is subject to many qualifications in its application. ”

“ Thus, judges are being appointed from among lawyers belonging to different parties in the confidence that-and this confidence has not been in vain–when a judge sits on his rostrum he will forget politics and personal considerations in the discharge of his sworn duty to do justice to every man. ”

“ A judge, or any person acting by authority as such, where he has over the subject-matter, and over the person, a general jurisdiction which he has not exceeded, will not be liable to have his judgment examined in an action brought against himself ”

“ 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. ”

“ 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, 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. ”

“ I hesitate to classify judges as policymakers, even at this level of abstraction. Although some part of a judge's task may be to fill in the interstices of legislative enactments, the primary task of a judicial officer is to apply rules reflecting the policy choices made by, or on behalf of, those elected to legislative and executive positions. A judge is first and foremost one who resolves disputes, and not one charged with the duty to fashion broad policies establishing the rights and duties of citizens. ”

“ You will be the first public defender on the court. You understand our justice system uniquely through the eyes of people who couldn’t afford a lawyer. They couldn’t afford their own lawyer, and you advocated for them. ”

“ When the responsibilities of lawmaker, prosecutor, judge, jury and disciplinarian are thrust upon a judge he is obviously incapable of holding the scales of justice perfectly fair and true and reflecting impartially on the guilt or innocence of the accused. ”

“ The judges ought to be as immovable as the law which they interpret, impartial as the justice which they dispense, and firm as the authority which they represent.
To guaranty the independence of the judiciary power, on which depends civil liberty, and to insure to the system of jurisprudence the necessary stability, it is proper that the Court of Final Appeal should be an integral part of the legislature.
Decisions of cases are the interpretations of the law; consequently they are of general interest; the facts on the contrary concern only the parties. ”

“ No one who has had experience on the Bench in reaching judicial conclusions and who has thereafter been obliged in an executive position to reach important, and it may be final, conclusions upon questions involving both fact and law, can fail to recognize and acknowledge the powerful influence for justice that honorable and learned members of the law exert in the causes which they present to a court. The counsel who argues the losing side of a case contributes quite as much to the assistance of the court as the successful advocate. ”

“ In the assessment of evidence and the other elements which enter into a judicial judgment, a federal judge may make judgments different from those which a state judge may make. Federal judges are perhaps to be regarded as men apart-judges who cannot be trusted to judge fairly and impartially. ”

“ The reasonableness of the agency of the National Courts in cases in which the State tribunals cannot be supposed to be impartial, speaks for itself. No man ought certainly to be a Judge in his own cause, or in any cause in respect to which he has the least interest or bias. This principle has no inconsiderable weight in designating the Fœderal courts as the proper tribunals for the determination of controversies between different States and their citizens. ”

“ It may be added that decisions on a point not material to the cause are generally made without the benefit of previous argument by counsel. The lawyers will naturally address themselves to the controlling questions, and if well trained will see what these are quite as clearly as the court. It is the argument at the bar, in which different views of law are presented and each defended by men of learning and ability, which enables the judge, after hearing both sides and weighing all that is said in behalf of one against all that is said in behalf of the other, to come to the true conclusion. ”

“ Mandamus, prohibition and injunction against judges are drastic and extraordinary remedies. We do not doubt power in a proper case to issue such writs. But they have the unfortunate consequence of making the judge a litigant, obliged to obtain personal counsel or to leave his defense to one of the litigants before him. ”

“ 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. ”

“ It is a judge's duty to decide all cases within his jurisdiction that are brought before him, including controversial cases that arouse the most intense feelings in the litigants. His errors may be corrected on appeal, but he should not have to fear that unsatisfied litigants may hound him with litigation charging malice or corruption. Imposing such a burden on judges would contribute not to principled and fearless decisionmaking but to intimidation. ”

“ They are absolutely independent of the judiciary or of any other officer of the legal government in the exercise of their statutory duties. There is no administrative head of the court with large powers over the direction of the work of other judges and the clerical force and a corresponding responsibility for the conduct of judicial business. In the everyday work of his office the judge, under the present plan of government, is amenable to no authority except his own conscience and a fear of unfavorable public comment upon his actions. ”

“ It has been idly said, That a Reviewer acts in a judicial capacity, and that his conduct should be regulated by the same rules by which the Judge of a Civil Court is governed: that he should rid himself of every bias; be patient, cautious, sedate, and rigidly impartial; that he should not seek to shew off himself, and should check every disposition to enter into the case as a partizan. ”

“ 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. ”

“ No advocate is admitted in petty courts, small towns, or villages; where the poverty of the people, and, for the most part, the low value of the matter contested, make despatch absolutely necessary. In those places the parties shall appear in person, and the judge make a summary decision. ”

“ As to questions of pure policy and expediency, no express or necessarily implied constitutional provision intervening, it is the sole judge. It has also the undoubted right to take a comprehensive view in determining the necessity of a law, and the character of the purpose to be accomplished by it. ”

“ As little can it be seriously questioned that, inasmuch as all our judges, from the highest to the lowest are lawyers; or ought to be, as they are always ready enough to acknowledge—they constitute the supreme judiciary; another third part of our whole sovereignty as a people. ”

“ He should be a competent attorney as well as a competent businessman.
'It's the tragedy in a case of this sort that the court where the controversial decision was handed down is the court of last resort. It's too bad that appeal can't be made to a district court and heard by a judge who is familiar with proper procedure and able to interpret and weigh motions and arguments by opposing counsel and to make his decisions accordingly. ”

“ The act of Congress proceeds upon an acknowledgment of the maxim, 'that a man should not be a judge in his own cause,' and requires a judge found in that predicament, on the motion of either party, to make an order for the removal of the cause to another competent jurisdiction. ”

“ The petitioner created no such obstacle here.
While we appreciate the necessity for a judge to have the power to protect himself from actual obstruction in the courtroom, or even from conduct so near to the court as actually to obstruct justice, it is also essential to a fair administration of justice that lawyers be able to make honest good-faith efforts to present their clients' cases. An independent judiciary and a vigorous, independent bar are both indispensable parts of our system of justice. ”

“ A judge is prohibited from treating a case lightly or talking about useless matters in court. A judge should view it as if a sword has been placed on his shoulder and as if hell is open underneath him. ”

“ In finding that Congress has acted within its power, a judge does not remotely imply that he favors the implications that lie beneath the legal issues. Considerations there enter which go beyond the criteria that are binding upon judges within the narrow confines of their legitimate authority. ”

“ The judge may persistently prevent the district attorney from putting questions which are both competent and proper and rule flatly against him on the most obvious points of law without any redress on the part of the people. A weak judge will take no chances on being reversed and will pursue this course, while at the same time he is allowing every latitude to defendant's counsel and is ruling in his favor in defiance of the established doctrines of law. ”

“ I agree that judicial officers are exempt from responsibility in a civil action for all their judicial acts in respect to matters of controversy within their jurisdiction. I agree, further, that judges of superior or general authority are equally exempt from liability, even when they have exceeded their jurisdiction, unless the acts complained of were done maliciously or corruptly. ”

“ Where a judge with special aptitude can be appointed, firm, sympathetic, tactful and able to gain the confidence of those brought before him, he may do great good, by dealing with each individual and not merely with his offence, realizing that the court does not exist to condemn but to strengthen and give a fresh chance. Where the children’s court is only a branch of the existing jurisdiction worked by the regular magistrate or judge fulfilling his ordinary functions and not specially chosen, the beneficial results are not so noticeable. ”