Judge and the Court Administrator

Judge and the Court Administrator

Peer 1

When I read this discussion, I immediately saw that the two perfect choices were judge and lawyer. I actually wrote each one on a slip of paper and picked randomly. I picked judge and lawyer. I am going to look at this from two perspectives. First the actual work relationship between the two and the prestigious of the two titles.

I have been in local courts, state courts and federal courts for both criminal and civil proceedings. The judge is the clear winner in this case. Judges perform five basic tasks in their duties. They preside over the proceedings, determine if evidence is admissible, address a jury about the standards they must use to deliberate in deciding the case, the judge must decide the case in a bench trial, and sentence convicted defendants (Role of the Judge, n.d.). Lawyers (defense and prosecutor) are tasked with presenting a case before a judge or jury that is in the best light for their client while using approved legal procedures (Role of the Judge, n.d.). There are many pretrial motions prior to a trial: motion to dismiss, motion to suppress, and motion for change of venue (Pre-Trial Motions, 2014). The defense or prosecutor files the motions. A judge applies the law and then decides on the outcome of any motion.

A judge clearly wins when comparing the work relationship. The lawyers must persuade the judge that their side is right. The judge has the power before trial, during the trial and after the trial.

As far as the prestige between the two. Most criminal defense attorneys are running from case to case in the courthouse. Since their clients are alleged criminals, payment in full for the lawyers services is not always done, so the defense lawyers have a lot of clients to make up for that. Prosecutors, especially in large cities, have an immense caseload. Lawyers aspire to become judges, it is that simple. Being a judge is a “prestigious, lucrative, stable job” (Aaron, 2016).

References

Aaron, K. (2016, September 7). The Power and Prestige of Being a New York Judge | WNYC | New York Public Radio, Podcasts, Live Streaming Radio, News. Retrieved January 30, 2019, from https://www.wnyc.org/story/why-be-judge/

Pre-Trial Motions. (2014, December 17). Retrieved January 30, 2019, from https://www.justice.gov/usao/justice-101/pretrial-motions

Peer 2

or my two selections, I picked Judge and the Court Administrator.

Overall I say it is a tie, the never ending game of rock-paper-scissors.

It is all dependent on which level we are speaking to as to ascertain

which one wins and which one loses. At the state level according to https://www.courts.mo.gov/page.jsp?id=631,

“A state courts administrator functions under direction of the Supreme

Court to help develop and implement administrative policies and services

for the judicial branch” whereas a local courts administrator, “A local

court administrator manages the daily operations of the circuit court,

under the direction of the presiding judge and the court en banc (all

the judges in the circuit).” Granted this is only at the Missouri State

level, I’m sure each state his similarities and differences. At the

state level, the court administrator would have more power over the

judge in regards that he or she respectively reports the to the supreme

court and would have a far greater impact on the judges careers below

them. Whereas at the local level the judges and administrators work hand

in hand to help one another out.