essay on a judge

The Qualities of a Good Judge

What are the qualities that should be identified and then sought after in an applicant for judicial office?  The diverse and balanced Special MSBA Committee which researched and deliberated on this question for two years concluded that the judicial recruitment and selection process should maximize the diversity of each Bench not only as to race, gender and ethnicity, but also as to professional background experience and abilities. Under that umbrella, it then concluded that the following qualities should be sought after in  all  judicial applicants.

1.    Judicial Temperament :  This character trait encompasses both the ability to apply the law to the facts and to understand how a judicial decision will affect the human beings appearing before the court.  It is the ability to communicate with counsel, jurors, witnesses and parties calmly and courteously, as well as the willingness to listen to and consider what is said on all sides of a debatable proposition.

A candidate should exhibit the following aspects of proper judicial temperament: Patience, open-mindedness, courtesy, tact, courage, punctuality, firmness, understanding, compassion, humility and common sense.  Those qualities should be demonstrated consistently.  For applicants who already hold a judgeship, these qualities should have consistently manifested themselves to all the court’s “stakeholders” interacting with the judge regardless of station in life, profession, type of case, representation by counsel or lack thereof.

A judicial candidate should be able to exercise forbearance under provocation, to deal with others with sensitivity and without giving offense, and to assimilate data outside the candidate’s experience without bias and without undue difficulty or stress.  A candidate should be able to handle personal stress without unloading on others; he or she should recognize that the position is not only stressful but an official governmental position of public trust, with its business conducted largely in full view; and that criticism and scrutiny are inherent in the position.  Candidates fearful of or uncertain about these aspects of the job should be counseled to reconsider.

2.    Intelligence :  This is the ability to know and apply legal rules, analyses and procedures to different facts and circumstances, and the ability quickly to perceive, comprehend, and understand new concepts and ideas.

3.    Ethics :  There should be no doubt about an applicant’s personal or professional ethics.

As a lawyer, a candidate should have maintained a standard of conduct above the minimum standard set forth in the disciplinary rules and should not have been disciplined by the Attorney Grievance Commission.  A candidate should be aware of and abide by the ethical principles enunciated in the Code as guidance in specific situations.

A candidate should have taken part in continuing Bar activities in the areas of Legal Ethics and Professionalism.

A candidate should have demonstrated a personal standard of ethical conduct that stands out among both the general citizenry and the applicant’s fellow practitioners.

4.    Courage and Integrity :  Legal “Courage” is “the willingness to do what the law requires the judge to do even though the course the judge must follow is not the popular one”.  “Integrity” is not being influenced by the identity, race, gender, political status, wealth or relationship of the party or lawyer before the judge.  More basically it is not doing what the judge knows to be wrong.  A judicial applicant should possess both courage and integrity.

5.    Experience and Education :  Prior professional activities, legal education, teaching, bar activities, and publications are very important.  The type and amount of experience necessary varies depending on the judicial position sought.

A candidate should generally have been an active member of the Bar for at least five years.

A candidate for the trial bench should have engaged in an active courtroom practice and should almost always have had some litigation experience.  Extensive experience in representing clients before administrative tribunals may qualify as litigation experience.  However, non-litigation experience (e.g., teaching, government or corporate counsel background), combined with high ratings on other criteria, particularly intelligence and judicial temperament should not be ignored.

The assessment of specific qualities may properly be weighted where specific attributes are needed.  For example, when a particular Circuit Court might need a judge for its Family Division; a family law background or prior experience as a Master would be especially useful.  Alternatively, a particular jurisdiction might need a judge to assist in the trial of an influx of mass tort, products liability or malpractice cases.  In such an instance, a background as a litigator would increase an applicant’s value.

Education and experience might be defined differently for appellate positions.  For this reason, extra careful attention should be paid when trial court judges apply for appointment to an appellate court. The qualities which have led to success as a trial court judge may not predict equal success at the appellate level.  Appellate judicial candidates generally should have credentials as appellate lawyers, both in brief writing and oral argument.

6.    Suitability to Workload :  A candidate should demonstrate his or her compatibility with the workload of the court.  Those who dislike writing opinions should not be recommended for appellate positions.  Those who dislike traffic cases or domestic cases would similarly be poor choices for the district and circuit courts, respectively.

7.    Continuing Legal Education :  A judicial candidate’s history of attendance at continuing legal education programs should be considered as a good indicator or a person’s interest in remaining current in the law.  This factor is perhaps the best indicator of whether a judge will be motivated to improve his or her knowledge, willing to continue with his or her “legal education” and be open to new ideas, evolving attitudes, legal developments, and change in general.

8.    Ability to Communicate :  This is the ability to express oneself clearly, concisely, and grammatically, whether orally or in writing.   It includes the ability to listen.

All judicial candidates must have strong oral and written skills.  Candidates for appellate position require superior writing skills. A candidate for the trial bench must be able to express him or herself well both orally and in writing.

Chief Judge Robert M. Bell has emphasized the need for judges to communicate not just in the courtroom but also in the communities in which they serve and to the other branches of government.  While not every judge must be a skilled and articulate public speaker, at least some should be.

9.    Civic and Professional Responsibility :  This is contribution to the public and the legal profession through organized Bar and non-Bar service organizations, volunteer activities, civic and cultural organizations.

A candidate should receive favorable consideration for his or her pro bono, public service and or professional activities.

10.    Health :  A candidate should be in sufficient physical and mental health to perform the duties of the office, such that he or she will be able to render vigorous and effective service for the foreseeable future.  A prior history of stress-induced illnesses, migraine headaches, chronic fatigue syndrome, or poor attendance in the present job should be warning flags and a candidate having such a background should normally not be nominated, as the ability to tolerate conflict, pressure, and stress are essential.  The Attorney General’s Office should be requested to advise the Nominating Commission on how to harmonize these goals with the Americans with Disabilities Act.

11.    Character :  This most important overall quality is a key intangible.  The applicant should be of the best character.  He or she should have a positive reputation in every professional and residential community.  His or her background should be free of references to immorality or indiscretions.  He or she should be free of a history of substance abuse or substance dependence, and free of indications domestic violence, publicly unacceptable conduct and the like.  Candidates should be financially stable.

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Duties and Responsibilities of Judges: What They Really Do All Day

• January 12, 2022
• Legal Articles

In this article, you will learn about the duties and responsibilities of the judges. Most people think that being a judge means passing judgments, much like one might do in the courtroom, but that’s not the case at all. Judges are responsible for the safe and fair operation of their courtrooms. They are also tasked with evaluating the qualifications of those who practice law within their jurisdiction, such as practicing attorneys and paralegals. For this reason, judges have important duties that extend beyond legal matters and help maintain the rule of law and order in their communities. Read on to learn more about what these officials really do all day!

The Core Job Functions

Whether you’re applying for a seat on a municipal bench or an appointment to your state’s highest court, judges will expect to see some broad descriptions of your professional experience. But that doesn’t mean you can just describe your general duties as responsible for making decisions in legal cases. Judges want to know about specific challenges you’ve encountered and overcome, whether working as a public defender or district attorney, handling juvenile delinquency cases, or settling civil disputes. Whatever challenges you describe in your resume should relate directly to what’s expected of you in that judge’s courtroom.

The Importance of Impartiality

It’s easy to think that judges are just people in fancy clothes who decide cases—you only see them when they’re presiding over a court case. But their responsibility runs far deeper than simply hearing arguments from two sides, weighing facts, and issuing a ruling on whether or not to keep someone in jail. Judicial impartiality is important because it assures all parties involved that they will be treated fairly, while at the same time maintaining public trust in our justice system. A judge may have been a defense attorney earlier in his career, or she might have risen through a firm as an intern.

The Appointment Process

In order to be considered for an appointment, candidates must have an established record of excellence in their field. Most judges are appointed after they’ve spent many years working as practicing attorneys; others enter private practice or open up their own firms after serving a few years on a lower court. Before deciding whether to accept an appointment, it’s important to consider what your life will look like over the next several years. Since you won’t be able to take cases or client matters with you should you decide to leave your position, you may not want too much variation in your job responsibilities if you plan on leaving.

Understanding Judicial Independence

A judge’s job is to be independent, impartial, just, and fair. As a judge, you must decide each case on its own merits, using only legal authority derived from statutes (laws) passed by Congress or from constitutional provisions. As an independent branch of government, judges are not allowed to rule based on what they think would make the law better or how it might affect them personally. When deciding cases, you must never allow your personal beliefs about politics or political parties to influence your decisions. Although it’s difficult for most people to believe that judges are as objective as possible given their lifetime appointment with no way for voters to remove them once elected (except impeachment), Federal Courts have long stood behind judicial independence as one of their biggest strengths in providing justice when others cannot do so.

Judicial Conduct and Behavior

Answering a higher authority, judges are governed by judicial codes that outline both official conduct and behavior. While few states provide specific guidance on conduct unbecoming or how judges should respond to criticism, judges should never engage in political activities. Keep your personal beliefs out of court. That said, it is okay to talk about what you’ve done as a judge when campaigning for re-election or seeking another office (if you’re eligible). And remember that despite your best efforts, all judges make mistakes; acknowledge them, learn from them and move on.

How to Become a Judge

Judges are appointed to fill vacancies by a judicial authority, such as a governor or president. In addition to state-level judgeships, there are numerous national positions available in specialized courts, such as bankruptcy court or a tax court. If you would like to become a judge at any level, your best bet is to go through law school and then pass the bar exam for your state. Many people who go on to become judges began their careers practicing law before pursuing an advanced degree and specializing in a particular area. For example, someone might start out working as an assistant district attorney (ADA) before becoming an assistant federal prosecutor. Others may specialize in family law after serving clients in that area as attorneys in private practice.

To know about how to become a judge or lawyer , you can refer to this article in detail.

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A Summary of Why We Need More Judicial Activism

Seth Robertson

Mar 24, 2014, 8:31 AM

By Suzanna Sherry, Herman O. Loewenstein Professor of Law

In this piece, Suzanna Sherry summarizes her essay, “Why We Need More Judicial Activism.” The full version of the essay will appear in a collection Sherry has co-edited with Giorgi Areshidze and Paul Carrese to be released in 2014 by SUNY Press. Sherry wrote this summary for the quarterly legal journal Green Bag , which devoted part of its summer 2013 edition to articles commenting on her essay. She characterizes the essay as “a rhetorical call to arms and an embrace of judicial activism.”

Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review: unelected, life-tenured federal judges with power to invalidate the actions of the more democratic branches of government. Lately, judicial review has come under fire. Many on both sides of the political aisle accuse the Supreme Court of being overly activist and insufficiently deferential to the elected representatives of the people. Taking the Constitution away from the courts—and giving it back to the people—has become a rallying cry. But those who criticize the courts on this ground misunderstand the proper role of the judiciary. The courts should stand in the way of democratic majorities, in order to keep majority rule from degenerating into majority tyranny. In doing so, the courts are bound to err on one side or the other from time to time. It is much better for the health of our constitutional democracy if they err on the side of activism, striking down too many laws rather than too few.

In this forthcoming essay defending judicial activism, I begin by defining two slippery and often misused concepts, judicial review and judicial activism, and briefly survey the recent attacks on judicial activism. I then turn to supporting my claim that we need more judicial activism, resting my argument on three grounds. First, constitutional theory suggests a need for judicial oversight of the popular branches. Second, our own constitutional history confirms that the founding generation—the drafters of our Constitution—saw a need for a strong bulwark against majority tyranny. Finally, an examination of constitutional practice shows that too little activism produces worse consequences than does too much. If we cannot assure that the judges tread the perfect middle ground (and we cannot), it is better to have an overly aggressive judiciary than an overly restrained one.

Judicial review is not judicial supremacy. Judicial review allows courts an equal say with the other branches, not the supreme word. Courts are the final arbiter of the Constitution only to the extent that they hold a law unconstitutional, and even then only because they act last in time, not because their will is supreme. If judicial review is simply the implementation of courts’ equal participation in government, what, then, is judicial activism? To avoid becoming mired in political squabbles, we need a definition of judicial activism with no political valence. Judicial activism occurs any time the judiciary strikes down an action of the popular branches, whether state or federal, legislative or executive. Judicial review, in other words, produces one of two possible results: If the court invalidates the government action it is reviewing, then it is being activist; if it upholds the action, it is not.

Under that definition, and because the Court is not perfect, the question becomes whether we prefer a Supreme Court that strikes down too many laws or one that strikes down too few. Many contemporary constitutional scholars favor a deferential Court that invalidates too few. I suggest that we are better off with an activist Court that strikes down too many.

As many scholars have previously argued, judicial review is a safeguard against the tyranny of the majority, ensuring that our Constitution protects liberty as well as democracy. And, indeed, the founding generation expected judicial review to operate as just such a protection against democratic majorities. A Court that is too deferential cannot fulfill that role.

More significant, however, is the historical record of judicial review. Although it is difficult to find consensus about much of what the Supreme Court does, there are some cases that are universally condemned. Those cases offer a unique lens through which we can evaluate the relative merits of deference and activism: Are most of those cases—the Court’s greatest mistakes, as it were—overly activist or overly deferential? It turns out that virtually all of them are cases in which an overly deferential Court failed to invalidate a governmental action.1

When the Court fails to act—instead deferring to the elected branches—it abdicates its role as guardian of enduring principles against the temporary passions and prejudices of popular majorities. It is thus no surprise that with historical hindsight we sometimes come to regret those passions and prejudices and fault the Court for its passivity.

Ideally, of course, the Court should be like Baby Bear: It should get everything just right, engaging in activism when, and only when, We the People act in ways that we will later consider shameful or regrettable. But that perfection is impossible, and so we must choose between a Court that views its role narrowly and a Court that views its role broadly, between a more deferential Court and a more activist Court. Both kinds of Court will sometimes be controversial, and both will make mistakes. But history teaches us that the cases in which a deferential Court fails to invalidate governmental acts are worse. Only a Court inclined toward activism will vigilantly avoid such cases, and hence we need more judicial activism.

1 The essay lists the following as universally condemned cases (in chronological order): Bradwell v. State , 16 Wall. (83 U.S.) 130 (1873); Minor v. Happersett , 21 Wall. (88 U.S.) 162 (1874); Plessy v. Ferguson , 163 U.S. 537 (1896); Abrams v. U.S. , 250 U.S. 616 (1919); Schenck v. U.S. , 249 U.S. 47 (1919); Frohwerk v. U.S. , 249 U.S. 204 (1919); Debs v. U.S ., 249 U.S. 211 (1919); Buck v. Bell , 274 U.S. 200 (1927); Minersville School Dist. v. Gobitis , 310 U.S. 586 (1940); Hirabayashi v. U.S. , 320 U.S. 81 (1943); and Korematsu v. U.S. , 323 U.S. 214 (1944). Cases over which there is significant division, such as Roe v. Wade , 410 U.S. 113 (1973), and Lochner v. New York , 198 U.S. 45 (1905), are excluded. Dred Scott v. Sandford , 60 U.S. 393 (1856), and Bush v. Gore , 531 U.S. 98 (2000), are also excluded, on two grounds: They ultimately had little or no real-world effect; and they were products of a Court attempting to save the nation from constitutional crises, which is bound to increase the likelihood of an erroneous decision. Even if Dred Scott and Bush v. Gore are included, only two of 13 reviled cases are activist while 11 are deferential.

Reprinted from 16 Green Bag 2d 449 (2013), “Micro-Symposium: Sherry’s ‘Judicial Activism.’”

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So, You Think You Can Be a Judge Essay

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Introduction

Scenario one, scenario two.

Being a judge is never an easy task. You have to make sure that you don’t take sides during the hearing of the case. You also have to make sure you listen keenly to the case as presented before you. You should give both sides equal opportunities to argue out their case and bring aboard any witness that may be relevant.

Every person according to the constitution is entitled to a fair hearing in a court of law. The most important thing is to make sure you give fair judgement according to the law. It is important to always observe the rule of law and uphold the constitution at all times.

In this scenario we find that a supervisor by the name of Justin Ames has been making sexual advances towards an employee by the name Anita Mills. However, instead of seeking legal advice or reporting James Ames to the relevant authorities, Anita Mills decides to consult a supervisor by the name Anna Flores. Anna Flores advices Anita Mills not to report the incident and is able to convince her that it will all go away with time.

However, things get worse when Anita mills goes to be reviewed. She is accompanied by Anna Flores who acts as an observer during the review process. However, this does not make matters better as Justin Ames goes ahead and gives Anita Mills a negative rating. This annoys Anita Mills and she decides to take legal action.

If I were a judge in a court of law, I would carefully look into the case with the seriousness it deserves. Sexual harassment is banned in the workplace by the laws of the country (Mello 2006). In this case it is evident James Ames is victimizing Anita Mills because she refused to give into his advances.

He also does this partly because Anita Mills did not take any action when he first made his advances. It is evident that Anita Mills has been under stress. She even takes a day off to go see a therapist. In this case the company would not win. There is substantial evidence that shows that James has been sexually harassing Anita Mills and further victimizing her by not giving her a fair review.

In this case, manager Pete Bartel is dismissed by human resource manager Frank Framer on grounds that he his performance has been wanting. Pete Bartel has not met his targets for some time. He attributes this to the ever rising cost of raw materials. Pete Bartel argues out that he should have been given a warning according to the company’s policy before being dismissed.

However, Frank argues that the company had put him on probation the first time he had failed to meet his targets. Contracts are legally binding documents between an employer and employee. It is evident that Pete Bartel has not been performing as required. But before the company can dismiss him, they have to follow due process. In this case, Pete Bartel should have been given several warnings before being dismissed.

This is clearly stated in the manager’s workbook one the policies of the company. The company has breached the law and its own policies in this case. Pete Bartel would, therefore, win this case and be reinstated as the manager. The company should have followed due process before dismissing Pete Bartel.

Mello, J. A. (2006). Strategic human resource management . Mason, OH: South- Western Cengage Learning.

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A Judge on Judging: The Role of a Supreme Court in a Democracy

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What ‘Justice’ Really Means

The word has taken a beating in the past few weeks. But what role does it truly play in our lives?

By Paul Bloomfield

Mr. Bloomfield is a professor of philosophy at the University of Connecticut.

It’s a staple of common sense that we don’t let judges try their own cases. Yet if we are to gain self-knowledge, we all must do just that: We must judge ourselves to know ourselves. While we typically think of justice as a virtue of social arrangements or political institutions, the United States has recently bore witness to this virtue in its first-person aspect — self-regarding justice — while watching the confirmation hearings of a Supreme Court Justice.

The virtue of justice requires not only that we judge others fairly, but also that we judge ourselves fairly. This is no mean feat. The trouble is that if a person is a poor judge of him or herself, it is hard to imagine that person being a good judge of others. Bias toward the self often leads to bias against others. Justice begins within ourselves.

While justice is important for each of us in our personal lives, it becomes strikingly important when we think of those in positions of power. We need leaders motivated by a love of justice and not merely self-aggrandizement. Leadership without an inner moral compass reliably pointing toward justice inevitably ends in the abuse of power.

Philosophically, all virtues are ideals that we can only approach without fully attaining them. So, we can always aspire to do better. Given this, what role does the virtue of justice play in our personal lives? What role ought it to play?

In fact there are two roles: Justice functions both in our epistemology, or how we form and justify our beliefs, as well as in practical morality, informing our private and public behavior. These ought to be entwined in our lives since we ought not only think in a fair and just manner but also act accordingly.

The apotheosis of justice is the courtroom judge, interpreting the law and ruling on evidence concerning innocence and guilt. Model judges are epistemically just: Their cognitive processes are never biased or unduly swayed, their conclusions are not prejudged, and their verdicts reliably correspond to the facts. Truth is their goal. Not only must there be no thumb on the scale, the evidence must be balanced while wearing a blindfold. The rulings of judges, however, are also undeniably moral, bearing as they do on issues of justice, restitution and the execution of punishment.

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Essay Samples on Judge

Role of judges in common law and civil law systems.

Introduction The role of judges as deciders of disputes according to law is well known and relatively well understood. What is not clear is the role that judges have as law maker. If the outcome of a case is not dictated by binding precedent, then...

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The Retirement Laws and Reforms for Judges

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The Objectivity of Judge's Discretion and Decisions

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The Assyrian Artistic Period In The Great Metropolitan Museum Of Art

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Best topics on Judge

1. Role Of Judges In Common Law And Civil Law Systems

2. Judge Dee: The Ideal Yet Controversial Judge Figure

3. The Retirement Laws and Reforms for Judges

4. The Objectivity of Judge’s Discretion and Decisions

5. The Assyrian Artistic Period In The Great Metropolitan Museum Of Art

6. The Reasons Why The Brett Kavanaugh Case Matters

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Best Way to Write a Professional Letter to a Judge

Writing a letter to a judge can be extremely impactful if it is written properly. Whether you are writing as a victim or on behalf of a defendant , it must be written in business-style and in a professional tone in order for the judge to take the letter seriously.

There are a few main reasons someone would need to write a letter to a judge. In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. Other times, these letters are written by victims (or their family members) to showcase how the defendant’s actions have been damaging to them.

The letter will express how the person on trial has impacted others — positively or negatively. It will ask for a specific outcome from the judge, whether it is a reduced sentence or maximum sentence.

Another reason someone might write a letter to a judge is regarding custody of a child. Family members and friends of the parents and child may feel obligated to share their experiences with the adult and why or why not they would make a fit parent. Other reasons for writing include a request for an inmate’s early release or a recommendation for someone’s legal status.

In this article, we will discuss how to write a formal letter to a judge, along with the proper format and a sample letter.

How to Write a Professional Letter to a Judge

If writing a letter on behalf of the defendant, talk about the positive aspects of the defendant’s character and explain how the sentence will affect the defendant and his or her family.

A victim can write his or her own victim statement as well, which is quite impactful since he or she is the person most closely affected by the crime. If a family member or friend of the victim writes the letter, include statements regarding how others around the victim have been affected.

Writing in a Professional Tone

The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously.

Write in the language you are fluent in, whether or not that is English. This will help you get your ideas across accurately and clearly, rather than writing in a language you are not entirely comfortable with. There will be someone available to the judge to translate your letter.

You do not have to be a professional writer to draft a clear, concise, and accurate letter. However, the best way to write a letter to a judge is to pay very close attention to detail while writing, ensuring you run the letter through a grammar checker (like Grammarly ) and spelling checker to remove errors. But remember, grammar and spelling checkers are not foolproof, so proofread your letter a couple of times before finalizing it.

How to Address a Judge in a Letter

Start with the envelope, writing to the judge in this format:

• Honorable Judge [First Name Last Name]
• Judge of [Name of the Court]
• [Mailing Address]

Letter to Judge Format

There is much more to consider than the professional tone — there is a precise and proper format to follow when writing a letter to a judge. If you choose to type the letter on a computer, get it printed on high-quality stationary or card stock, not regular printer paper. If you choose to write the letter by hand, again — use high-quality paper and stay away from lined paper.

As you start writing the contents of the letter, keep everything left-aligned, starting with your information. Follow the order of this format, leaving a space in between each section:

1. Your Information (first thing that goes on the inside of the letter)

• City, state, and zip code
• Telephone number and/or email address

2. The Date

3. The Judge’s Information

• Honorable Judge First Name Last Name
• Judge of Name of the Court

Mailing Address

4. What the Letter Is Going to Address

• Follow this format — “Re: Sentencing of [First Name Last Name of Defendant], Case No. [XXXXXXX]”

5. Salutation

• Dear Judge [Last Name]

Before you write the address on the envelope and on the letter itself, be sure you know the judge’s proper title, whether it is Chief Justice, Justice, Chief Judge, or Judge. If you are unsure, you can look up this information on the Federal Judicial Center website .

After addressing the letter, you will start by clearly stating who you are — your first and last name — as well as your occupation and your state of residence. If you are well known in your community, your family name or place of work might make you more reputable in the eyes of the judge.

Next, express exactly why you are writing. Include the name of the victim or the defendant, how you know the defendant, and why you’re writing on behalf of them. Then, state specifically what you want the outcome to be.

If you are a victim or writing on behalf of one, you can write about how the crime has affected the victim physically, emotionally, or socially. Explain how the victim’s life and the lives around him or her have been changed.

If you are a defendant writing your own letter requesting leniency, you should include in the letter that you accept responsibility and explain what you will do to change your life.

The letter should be no longer than one page.

7. Signature

When signing the letter, you should close out with “Respectfully” or “Sincerely,” followed by both a typed and handwritten signature with your first and last name.

Sample Letter to Judge

Honorable (Name of Judge)

Judge of (Name of Court)

Re: Defendant’s Name, Case Number

Dear Judge (Last Name):

My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date).

My brother has been an excellent father since both of his children were born, attending every sporting event, maintaining a well-paying, steady job, and taking them to church each week. Through his divorce from his wife, he remained stable and active in his children’s lives, never wavering in his love and support for them. In addition, he has familial support including myself, our parents, and our sister.

Respectfully,

Other Considerations When Writing a Letter to a Judge

While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case . If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence.

If you are a victim and need help communicating your story, here is our guide on How to Write a Compelling Victim Impact Statement .

Need More Help With a Legal Matter?

If you or someone you care about is facing the court system, you probably have lots of questions. A local attorney can evaluate your case for free so you can get some answers and peace of mind.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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How to Write a Letter to a Judge

Last Updated: September 2, 2024 Fact Checked

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 1,641,508 times.

There are occasions when you may find it pertinent to write a letter to a judge. You may believe that what you have to say can impact how a judge approaches the task of sentencing someone you know. Knowing what to include in your letter and how to say it can determine how effective the letter ends up being. That is why it is important to format the letter properly and make sure that the content of the letter is effective and not detrimental to the defendant's case. Do not communicate with a judge if you are a party yourself to a criminal trial because it is generally illegal to do so.

Best Way to Write a Letter to a Judge

Address a piece of professional letterhead to the judge at the top of the letter. At the start of the letter, introduce yourself and explain how you know the defendant. Write statements that show support for the defendant and give examples of their good character.

Setting out the Letter

• Honorable [Judge’s Full Name], United States District Judge, 11 Commerce Street, Dallas, TX 75242. This name and address should be left-justified and written out as you would an address at the top of any letter, below the date.
• Below the name and address of the judge, provide the appropriate salutation. The appropriate salutation for addressing a judge is “Your Honor” or “Dear Judge [Judge’s last name].

Writing the Content of the Letter

Sample Letters

Expert Q&A

• The best time to write a letter to a judge is before a formal sentencing but after a verdict has been made. Doing so will prevent you from accidentally revealing information that could negatively affect your case, but more significantly, the most effective letters are those meant to sway sentencing rather than those meant to sway a verdict. Thanks Helpful 7 Not Helpful 2

• Do not send your letter directly to the judge. Defense attorneys prefer that their clients’ friends and relatives send the letter to the attorney first so that the attorney can read over the letter and confirm that there is no information in the letter that may be detrimental to the defendant’s case. Thanks Helpful 6 Not Helpful 0
• Do not communicate with the judge if you are a party to ongoing judicial proceedings, as such communication is generally prohibited as “ex parte communication.” [10] X Research source Thanks Helpful 0 Not Helpful 0

You Might Also Like

• ↑ https://www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-criminal-charge/writing-character-reference
• ↑ https://www.prisonerswithchildren.org/pubs/ipm/ltj.htm
• ↑ https://thelawdictionary.org/article/best-way-to-write-a-professional-letter-to-a-judge/
• ↑ https://www.law.cornell.edu/cfr/text/12/263.9

About This Article

To write a letter to a judge, start by introducing yourself and stating your profession. Then, explain how you know the defendant you're writing about. In the second paragraph, offer a general statement of support by letting the judge know you're aware of the defendant's wrongdoing and you're still willing to support him. In the third paragraph, highlight the defendant's positive character traits to show the judge they're a good person. Finally, conclude your letter by stating why you believe the defendant doesn't deserve a harsh sentence. To learn more from our Civil Litigator co-author, such as how to address the top of the letter, keep reading the article! Did this summary help you? Yes No

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The Beginner's Guide to Writing an Essay | Steps & Examples

An academic essay is a focused piece of writing that develops an idea or argument using evidence, analysis, and interpretation.

There are many types of essays you might write as a student. The content and length of an essay depends on your level, subject of study, and course requirements. However, most essays at university level are argumentative — they aim to persuade the reader of a particular position or perspective on a topic.

The essay writing process consists of three main stages:

• Preparation: Decide on your topic, do your research, and create an essay outline.
• Writing : Set out your argument in the introduction, develop it with evidence in the main body, and wrap it up with a conclusion.
• Revision:  Check your essay on the content, organization, grammar, spelling, and formatting of your essay.

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Table of contents

Essay writing process, preparation for writing an essay, writing the introduction, writing the main body, writing the conclusion, essay checklist, lecture slides, frequently asked questions about writing an essay.

The writing process of preparation, writing, and revisions applies to every essay or paper, but the time and effort spent on each stage depends on the type of essay .

For example, if you’ve been assigned a five-paragraph expository essay for a high school class, you’ll probably spend the most time on the writing stage; for a college-level argumentative essay , on the other hand, you’ll need to spend more time researching your topic and developing an original argument before you start writing.

Prevent plagiarism. Run a free check.

Before you start writing, you should make sure you have a clear idea of what you want to say and how you’re going to say it. There are a few key steps you can follow to make sure you’re prepared:

• Understand your assignment: What is the goal of this essay? What is the length and deadline of the assignment? Is there anything you need to clarify with your teacher or professor?
• Define a topic: If you’re allowed to choose your own topic , try to pick something that you already know a bit about and that will hold your interest.
• Do your research: Read  primary and secondary sources and take notes to help you work out your position and angle on the topic. You’ll use these as evidence for your points.
• Come up with a thesis:  The thesis is the central point or argument that you want to make. A clear thesis is essential for a focused essay—you should keep referring back to it as you write.
• Create an outline: Map out the rough structure of your essay in an outline . This makes it easier to start writing and keeps you on track as you go.

Once you’ve got a clear idea of what you want to discuss, in what order, and what evidence you’ll use, you’re ready to start writing.

The introduction sets the tone for your essay. It should grab the reader’s interest and inform them of what to expect. The introduction generally comprises 10–20% of the text.

1. Hook your reader

The first sentence of the introduction should pique your reader’s interest and curiosity. This sentence is sometimes called the hook. It might be an intriguing question, a surprising fact, or a bold statement emphasizing the relevance of the topic.

Let’s say we’re writing an essay about the development of Braille (the raised-dot reading and writing system used by visually impaired people). Our hook can make a strong statement about the topic:

The invention of Braille was a major turning point in the history of disability.

2. Provide background on your topic

Next, it’s important to give context that will help your reader understand your argument. This might involve providing background information, giving an overview of important academic work or debates on the topic, and explaining difficult terms. Don’t provide too much detail in the introduction—you can elaborate in the body of your essay.

3. Present the thesis statement

Next, you should formulate your thesis statement— the central argument you’re going to make. The thesis statement provides focus and signals your position on the topic. It is usually one or two sentences long. The thesis statement for our essay on Braille could look like this:

As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness.

4. Map the structure

In longer essays, you can end the introduction by briefly describing what will be covered in each part of the essay. This guides the reader through your structure and gives a preview of how your argument will develop.

The invention of Braille marked a major turning point in the history of disability. The writing system of raised dots used by blind and visually impaired people was developed by Louis Braille in nineteenth-century France. In a society that did not value disabled people in general, blindness was particularly stigmatized, and lack of access to reading and writing was a significant barrier to social participation. The idea of tactile reading was not entirely new, but existing methods based on sighted systems were difficult to learn and use. As the first writing system designed for blind people’s needs, Braille was a groundbreaking new accessibility tool. It not only provided practical benefits, but also helped change the cultural status of blindness. This essay begins by discussing the situation of blind people in nineteenth-century Europe. It then describes the invention of Braille and the gradual process of its acceptance within blind education. Subsequently, it explores the wide-ranging effects of this invention on blind people’s social and cultural lives.

Write your essay introduction

The body of your essay is where you make arguments supporting your thesis, provide evidence, and develop your ideas. Its purpose is to present, interpret, and analyze the information and sources you have gathered to support your argument.

Length of the body text

The length of the body depends on the type of essay. On average, the body comprises 60–80% of your essay. For a high school essay, this could be just three paragraphs, but for a graduate school essay of 6,000 words, the body could take up 8–10 pages.

Paragraph structure

To give your essay a clear structure , it is important to organize it into paragraphs . Each paragraph should be centered around one main point or idea.

That idea is introduced in a  topic sentence . The topic sentence should generally lead on from the previous paragraph and introduce the point to be made in this paragraph. Transition words can be used to create clear connections between sentences.

After the topic sentence, present evidence such as data, examples, or quotes from relevant sources. Be sure to interpret and explain the evidence, and show how it helps develop your overall argument.

Lack of access to reading and writing put blind people at a serious disadvantage in nineteenth-century society. Text was one of the primary methods through which people engaged with culture, communicated with others, and accessed information; without a well-developed reading system that did not rely on sight, blind people were excluded from social participation (Weygand, 2009). While disabled people in general suffered from discrimination, blindness was widely viewed as the worst disability, and it was commonly believed that blind people were incapable of pursuing a profession or improving themselves through culture (Weygand, 2009). This demonstrates the importance of reading and writing to social status at the time: without access to text, it was considered impossible to fully participate in society. Blind people were excluded from the sighted world, but also entirely dependent on sighted people for information and education.

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The conclusion is the final paragraph of an essay. It should generally take up no more than 10–15% of the text . A strong essay conclusion :

• Returns to your thesis
• Ties together your main points
• Shows why your argument matters

A great conclusion should finish with a memorable or impactful sentence that leaves the reader with a strong final impression.

What not to include in a conclusion

To make your essay’s conclusion as strong as possible, there are a few things you should avoid. The most common mistakes are:

• Including new arguments or evidence
• Undermining your arguments (e.g. “This is just one approach of many”)
• Using concluding phrases like “To sum up…” or “In conclusion…”

Braille paved the way for dramatic cultural changes in the way blind people were treated and the opportunities available to them. Louis Braille’s innovation was to reimagine existing reading systems from a blind perspective, and the success of this invention required sighted teachers to adapt to their students’ reality instead of the other way around. In this sense, Braille helped drive broader social changes in the status of blindness. New accessibility tools provide practical advantages to those who need them, but they can also change the perspectives and attitudes of those who do not.

Write your essay conclusion

Checklist: Essay

My essay follows the requirements of the assignment (topic and length ).

My introduction sparks the reader’s interest and provides any necessary background information on the topic.

My introduction contains a thesis statement that states the focus and position of the essay.

I use paragraphs to structure the essay.

I use topic sentences to introduce each paragraph.

Each paragraph has a single focus and a clear connection to the thesis statement.

I make clear transitions between paragraphs and ideas.

My conclusion doesn’t just repeat my points, but draws connections between arguments.

I don’t introduce new arguments or evidence in the conclusion.

I have given an in-text citation for every quote or piece of information I got from another source.

I have included a reference page at the end of my essay, listing full details of all my sources.

My citations and references are correctly formatted according to the required citation style .

My essay has an interesting and informative title.

I have followed all formatting guidelines (e.g. font, page numbers, line spacing).

Your essay meets all the most important requirements. Our editors can give it a final check to help you submit with confidence.

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An essay is a focused piece of writing that explains, argues, describes, or narrates.

In high school, you may have to write many different types of essays to develop your writing skills.

Academic essays at college level are usually argumentative : you develop a clear thesis about your topic and make a case for your position using evidence, analysis and interpretation.

The structure of an essay is divided into an introduction that presents your topic and thesis statement , a body containing your in-depth analysis and arguments, and a conclusion wrapping up your ideas.

The structure of the body is flexible, but you should always spend some time thinking about how you can organize your essay to best serve your ideas.

Your essay introduction should include three main things, in this order:

• An opening hook to catch the reader’s attention.
• Relevant background information that the reader needs to know.
• A thesis statement that presents your main point or argument.

The length of each part depends on the length and complexity of your essay .

A thesis statement is a sentence that sums up the central point of your paper or essay . Everything else you write should relate to this key idea.

The thesis statement is essential in any academic essay or research paper for two main reasons:

• It gives your writing direction and focus.
• It gives the reader a concise summary of your main point.

Without a clear thesis statement, an essay can end up rambling and unfocused, leaving your reader unsure of exactly what you want to say.

A topic sentence is a sentence that expresses the main point of a paragraph . Everything else in the paragraph should relate to the topic sentence.

At college level, you must properly cite your sources in all essays , research papers , and other academic texts (except exams and in-class exercises).

Add a citation whenever you quote , paraphrase , or summarize information or ideas from a source. You should also give full source details in a bibliography or reference list at the end of your text.

The exact format of your citations depends on which citation style you are instructed to use. The most common styles are APA , MLA , and Chicago .

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How to Write a Letter to a Judge (with Tips & Examples)

Writing a letter to a judge can have an important impact on legal proceedings. Whether you are writing a character reference for a defendant, writing a victim statement, or writing a letter to a judge for any other reason, however, the process can be daunting.

Does Writing a Letter to the Judge Work?

Writing a letter to the judge in a legal case can indeed influence the outcome of a case. The letter can offer the judge background information that will help him or her make the best possible decision and, in some cases, such letters can help victims and other affected parties make their voices heard.

When writing a letter to a judge, it is crucial to do so in a formal tone and through official channels. As you write your letter, consider how the tone will be received and ensure that you include all relevant details in a succinct and clear manner.

You may hope for certain outcomes when you pen your letter to a judge, but recognize the fact that the decision will ultimately lie with the judge — all you can do is "share your side".

How To Write a Professional Letter to a Judge (Step-by-Step)

For many people who set out to write a letter to a judge, this is a high-stakes endeavor. Letters to a judge can indeed influence the outcome, but it is critical to write a coherent and professional letter. Here's how.

Letter to Judge: What Format Should You Use?

Use a standard business letter format to write a letter to the judge:

• Start with your own name and address.
• Follow this with the date.
• State the judge's full name, position, and the address of the court.
• Before addressing the judge with a greeting, decide on a subject line — include details about the case, such as the defendant's name, and where possible, the case number.
• Address the judge with "Dear Judge [last name]", or substitute another title where relevant.
• The body of your letter follows.
• Finish the letter with a signature. "Yours Sincerely," followed by your first and last name and, where relevant, your title, is your best choice.
• Print your letter on high-quality paper, left-align it, and use a standard serif font.

Who Should You Write Your Letter to, and Where Should You Send It?

Write directly to the judge overseeing the case you are writing about. If you are not sure, you will usually be able to get this information through any of the parties' attorneys or through the court’s electronic database. Always send the letter directly to the court, in a formal capacity, or your letter may be seen as an attempt to influence the court unfairly.

How to Properly Address the Judge in a Letter

When writing your envelope, address it to "The Honorable Judge [full name]". Within the body of the letter, you can address the judge simply as "Judge [last name" or "Your Honor".

13 Common Reasons When to Write a Letter to a Judge

There are numerous reasons to write a letter to a judge, and the tone will differ slightly in each case.

Child Support and Custody

If you are one of the parental parties in a custody case, a declaration letter to a judge can help the judge gain valuable background information. State why you are seeking primary or sole custody and request child support within guidelines.

Character Reference Letter for Court

Family members and other loves ones frequently write character references on behalf of a defendant. Others who know the defendant well, such as pastors or community leaders, can do the same. It is typically wise not to criticize the legal system. Simply state who you are, how long you have known the defendant, and share relevant information you want the judge to be aware of.

Asking for an Extension

These letters ask for more time to pay a traffic fine or similar penalty. State the reasons for your request, and commit to pay by a certain date.

Before Sentencing

Defendants can write a letter to the judge before their sentencing, but should always discuss the contents with their defense attorney at length before doing so. These letters typically explain mitigating circumstances and ask for compassion, but they can be used to apologize to victims, too.

For an Inmate

These letters are typically character references, in which people close to the inmate petition the judge for a lighter sentence or early release. In these cases, too, it is prudent to coordinate the letter with the defendant's attorney.

For Early Release

Whether you are writing on your own behalf or for someone else, explain the grounds for early release — compassionate grounds include terminal illness or other severe health concerns that cannot be managed in jail or prison, and good behavior while incarcerated is another common ground.

For Leniency

Explain mitigating circumstances, express remorse, take full responsibility, and be honest and sincere in your letter.

For Traffic Ticket

If you believe that you were wrongfully given a traffic ticket or your car was stolen and you were not driving it at the time the ticket was issued, you can write a letter to the judge to explain the circumstances. Simply state the facts.

For Case Dismissal

These letters are most likely to be effective if you were the victim and you are asking the judge to dismiss a small case against the perpetrator, such as a previously drug-using neighbor who stole your purse and has since taken steps to get clean.

For Adoption

Such letters are discouraged or outright forbidden in some jurisdictions, while encouraged in some states, so check with your attorney before proceeding. If you do write a letter to a judge, keep it factual but let your love for the child shine through.

To Remove a Restraining Order

If you are the victim, explain why the restraining order is no longer necessary. If you are the defendant, you are highly encouraged to go through the proper legal channels, with the help of an attorney, instead.

To an Immigration Judge

To support someone going through an immigration case, introduce yourself, explain the person's circumstances to the best of your ability, and describe how the person has been benefiting their wider community. You may do the same on your own behalf, but where possible, discuss the letter with an attorney first.

For Driving Privileges

If your driving privileges were revoked for medical reasons that no longer apply, you can write a letter to the judge explaining your situation. Include relevant evidence. In cases where driving privileges were revoked for irresponsible driving, you will have to show that you are able to be a responsible driver going forward.

Dos & Don’ts When Writing a Letter to a Judge

Before you send your letter — and ideally, even before you begin writing it — it is important to consider the implications of the letter. To increase the chance that the letter will be received in your intended vein:

• Maintain a formal tone and use a business letter format.
• Send the letter to the court; address a carbon copy to the relevant attorneys where needed. A letter to a judge should never be perceived as an attempt to obstruct the course of justice or unfairly influence a judge.
• If you are the defendant, take responsibility for wrongdoing. Regardless of your intent, it is almost always best to refrain from criticizing the legal system.
• Before closing and signing your letter, thank the judge for their time.
• Proofread and edit your letter to a judge multiple times. Ensure that it is completely error-free, and your words cannot be misconstrued.
• If you are at all able to, it is highly recommended to run your letter to a judge by an attorney. This is especially true if you are writing a character reference for an inmate serving a sentence or for a defendant currently on trial.

You will find countless letter templates online, including those that will help you write a letter to a judge. Not all are equally good. Should you decide to consult these templates, remember never to copy/paste them verbatim only to change a few details. Your letter should be honest and authentic.

Can you write a letter to a judge regarding a case?

You may write a victim statement, character reference, or a statement on your own behalf as a defendant. You may not write to a judge to present new evidence; instead, contact law enforcement.

Can you write a letter to a judge after sentencing?

In certain circumstances, such as if you are asking for an extension, writing a letter to a judge after sentencing can have an impact. The sentence will not be overturned in this manner.

How to address a judge in a letter when judge is unknown?

You will usually be able to find the name of the judge online, through the court's Public Access to Court Electronic Records (PACER) system. Once you do, proceed to address the judge by name.

Can you write directly to the judge?

Absolutely not. Do not contact the judge at their home address, via email, or through social media. Exclusively communicate with a judge using the appropriate channels, and assume that your letter will be seen by other relevant parties.

Do character references help in court?

Character references play an important role in court, but hold more weight if they are written by upstanding members of the community.

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