Why do judges wear robes?

Our law descended from English law and practice.  Originally, royalty wore robes of distinction to make them, well, distinct.  In an effort to emulate royalty and distinguish themselves, judge began to wear robes also.  They weren’t as fancy as royalty, but they let everyone know the judges were somehow special and distinct from other professions like blacksmiths, fishermen, and farmers.  And judges, who are also lawyers, are often happy to express their egotism in any fashion!

But why continue the practice in modern day?  Are they hiding something under those robes?  Golf shirts?  Zuba pants from the 80s?  Nothing?  I remember one hot summer day when I crossed the public area of our local courthouse, I saw a female judge coming in from the parking lot.  She wore a short black robe but her legs were bare, her arms were bare, and her neckline was bare.   With an odd smile on her face, she raced past me.  What did she have on underneath the robe she wore?

When I was a younger lawyer I often resented the pomp and circumstance of the elevated bench and the black robes.  In fact, we often used the expression, “black robe disease” to describe those judges who became arrogant and let their position and power go to their heads.

As I’ve gotten older, I’ve come to appreciate the value of the ritual and the black robes.  Some of the goals we want in a judicial system are a calm, non-violent, unemotional, and deliberative atmosphere in order to make fair decisions.  The rituals and the robes do a lot to create that setting.  I’m constantly amazed when extremely violent offenders come into the courtroom, they quiet down and are respectful of the person sitting high above them. cloaked with a black robe around their shoulders.  Very seldom have I seen defendants argue with a judge or even question the rulings.

The ritual and robes certainly help with this.  Even those defendants who are sentenced to life imprisonments by a judge, nod, maybe cry a little, and accept the ruling without argument or violence.  Amazing!

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It’s a sequel to my first book, Reprisal, with many of the same characters involved in an exciting story.  Here’s what it’s about:

…He’s your average, ordinary neighbor, but he’s going to kill you.  He’s the home-grown fanatic next door with a plan and a group of true believers prepared to do the unthinkable–mass murder–to bring about a new world of peace and justice.  A county prosecutor, attempting to convict a murder suspect, stumbles upon the conspiracy.  Sounding the alarm to the authorities, no one believes her.  She risks everything–even her life–to expose the plot.  Will she be able to prevent annihilation?

New York Times bestselling author, William Kent Krueger, had this to say about the book:

“In Fallout, Colin T. Nelson has cooked up a fast,paced plot line with a little something for everyone.  Part international intrigue, part courtroom drama, part police procedural, this is a terrific thriller, with Minnesota itself in the cross hairs.  Once again, Nelson proves himself a master at conjuring the kind of nightmare that might actually come true.”

For readers of this blog, you’ll enjoy the courtroom maneuvering that the prosecutor must do to win her case as it falls apart day by day.  I give a peek at what goes on in the backrooms behind the courtrooms.  Hope you enjoy the new book!!

The post Fallout–My New Book appeared first on Colin T. Nelson.

TV fills in any doubts we have about who runs the show–judges. But do they?

I’ve spent my entire adult life in courtrooms with every kind of judge you can imagine. It is correct that they are in “control” of the courtroom–and they should be. American courts were set up to resolve conflicts between citizens without resorting to violence. Still, an American courtroom is a lively place with parties on either side of an issue strongly attached to their positions. People argue and even yell at each other. At least they don’t pull out guns.

So society needs a strong leader to ride herd on the feuding parties in courtrooms today. A judge fills that role and the best ones I’ve worked with have solid control of what goes on before them. They are prepared for each case and exert control over the parties–to at least get them to channel their arguments into constructive patterns.

Beyond those larger issues, who really runs the courtroom?

In my opinion, it’s the clerks and bailiffs who have great power, although no one–not even TV–gives them the credit they’re due.

Judges make final decisions, but most of what happens in a courtroom is the routine processing of hundreds of cases–all the public’s problems and controversies. Let’s look at a simple example. I have a client, a landlord, who is trying to get back rent from a tenant for failure to pay for six months. Along with me, are twenty other parties, each represented by a lawyer, who also have disputes they want the judge to rule on. My client has limited amounts of money and I bill her by the hour as we stand and wait for our turn amongst the other twenty litigants.

The gatekeeper who decides which cases get heard first and which ones will wait around all morning, is the judge’s clerk. Usually this person isn’t a law student or lawyer. They’re long-term government employees who have the power to set the judge’s schedule. That’s the key.

Because when I show up with my client, in competition with all the other cases, I want to get mine heard by the judge as soon as possible. The clerk has the power to determine which cases go first. That’s the real “power behind the throne.” The clerk can make me stand in the hallway for three hours or he can usher me and my client in immediately. The judge doesn’t care about the order because eventually, he has to decided all the cases.

But I care–a lot. My client is paying by the hour and besides that, I have other clients who need my time and I have other things to do.

Or when I have a client in custody, the deputies who transport the defendants to the courtrooms often make the decision of which defendant is brought in from the holding area first–hopefully, it’s my client. Otherwise, I could wait for hours.

If you doubt me, here’s a simple test: The next time you’re in a courtroom, watch the lawyers to see who they spend the most time talking to–the judge or the clerks and deputies…

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