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. 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. 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. 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. More basically it is not doing what the judge knows to be wrong.
A judicial applicant should possess both courage and integrity. 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 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. 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. Legal ability is having the intellectual capacity to interpret and apply established legal principles to factual situations and to communicate, in speech and in writing, the reasoning behind a legal conclusion.
A judicial candidate should have the ability to reach concise decisions promptly, respond to issues in a clear manner and grasp quickly the real meaning of questions presented.
Trial or other similar experience that ensures knowledge of the law and courtroom procedures. A judicial candidate's professional experience should be long enough so that the voter can evaluate the candidate's performance in dealing with legal problems and the judicial process. While substantial trial experience can be a "plus," other types of legal experience also should be considered, such as negotiation and mediation skills.
Lawyers in private practice, law teachers or corporate, government or public interest lawyers or others who are not frequently in the courtroom might have experience that would make them successful judges. A record and reputation for excellent character and integrity. The integrity of a judge is the keystone of the judicial system.
Integrity enables a judge to make decisions based on the facts of a case and the law. A judge with integrity sets aside personal prejudices, personalities and partisan political influences. Financial responsibility. Financial responsibility in a candidate shows self-discipline and the ability to resist pressures that might threaten judicial independence and impartiality.
Check whether a candidate has had judgments or liens or bankruptcy proceedings instituted by or against him or her and whether the candidate has promptly and properly filed all required tax returns.
Judicial temperament. A candidate should show qualities of patience, open-mindedness, courtesy, tact, firmness, understanding, compassion and humility.
A candidate should be able to deal with people calmly and courteously and should be willing to hear and consider the views of all sides of a case. Many have been active in law societies and have done volunteer and charitable work. Others have been active in politics or won elected office. Judges who have served on a lower court are sometimes promoted to a higher court, such as a provincial court of appeal or the Supreme Court of Canada.
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