Administration of Justice, Respect, Punctuality

By John P. Capuzzi, Sr.

The Fair and Impartial Administration of Justice and Adherence to Law are the foundation of our judicial system. Respect and punctuality are key components of effectuating these.

One vital aspect of judging is the need to listen. What I have learned as a sitting Magisterial District Judge, is that the litigants, no matter the charges or dispute, need to see that the judge has intently listened to the evidence presented or the argument made and that any ruling is based on sound legal principles. The parties must know that the judge is taking a direct interest in the case, which is of paramount importance to them. The judge should not and cannot convey a sense that the matter or issue has been predetermined. The result must rest solely on the evidence and the law and not on whom the parties are or whom the lawyers are.

The handling of any case must be in conformity with the Rules of Procedure, Rules of Evidence and the law, either statutory or common law. Unless there is no guiding principle, it is the function of the trial court to follow the existing rule or law. This does not mean that the judge lacks discretion or foregoes common sense. What it does mean is that the judge cannot abandon rule or law in order to tilt the scales in favor of one party and against the other. Just as potential jurors are questioned as to whether they can be fair and impartial arbiters of the dispute, the same holds true for the judge.

Control of the courtroom is necessary for the orderly and effective administration of justice. The manner in which a judge acts and speaks to those in the courtroom is more effective than the gavel in most cases. By acting in a courteous manner to all, not only is the judge showing respect, but he or she is demonstrating self-control and a calm demeanor, which puts all more at ease.

I am a firm believer in being punctual. I understand that all people have many pressing obligations and I try not to be the one who causes unnecessary disruptions to their schedules. On the other hand, I am a stickler for others being on time or having the courtesy to advise of any unpreventable delay, as this has a ripple effect that can adversely impact others.

In conclusion, I have always adhered to making my rulings based on the law and the evidence. Likewise, I am courteous and polite to all, as well as punctual, which shows respect for the participants and the matter at hand. These will not change. Everyone who enters the courtroom will see that fairness and impartiality reign supreme.