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Do judges get penalised when their decisions are quashed by a higher court?
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In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in this and that, and produce a significantly different result/ruling.
So, when a judge is found to have "erred" in their decision, does this somehow affect them? Do they get somehow penalised, fined, warned or otherwise receive something that would motivate them to not "err" again?
If they do not, (how) does the law protect people from biased/corrupt judges who would "err" intentionally — taking chances that their devious decisions will not be appealed against?
court judge new-zealand appeal
asked 3 hours ago
Greendrake
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up vote
2
down vote
favorite
In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in this and that, and produce a significantly different result/ruling.
So, when a judge is found to have "erred" in their decision, does this somehow affect them? Do they get somehow penalised, fined, warned or otherwise receive something that would motivate them to not "err" again?
If they do not, (how) does the law protect people from biased/corrupt judges who would "err" intentionally — taking chances that their devious decisions will not be appealed against?
court judge new-zealand appeal
asked 3 hours ago
Greendrake
1,9281517
add a comment |Â
up vote
2
down vote
favorite
up vote
2
down vote
favorite
In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in this and that, and produce a significantly different result/ruling.
So, when a judge is found to have "erred" in their decision, does this somehow affect them? Do they get somehow penalised, fined, warned or otherwise receive something that would motivate them to not "err" again?
If they do not, (how) does the law protect people from biased/corrupt judges who would "err" intentionally — taking chances that their devious decisions will not be appealed against?
court judge new-zealand appeal
asked 3 hours ago
Greendrake
1,9281517
In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in this and that, and produce a significantly different result/ruling.
So, when a judge is found to have "erred" in their decision, does this somehow affect them? Do they get somehow penalised, fined, warned or otherwise receive something that would motivate them to not "err" again?
If they do not, (how) does the law protect people from biased/corrupt judges who would "err" intentionally — taking chances that their devious decisions will not be appealed against?
court judge new-zealand appeal
court judge new-zealand appeal
asked 3 hours ago
Greendrake
1,9281517
asked 3 hours ago
Greendrake
1,9281517
asked 3 hours ago
Greendrake
1,9281517
asked 3 hours ago
Greendrake
1,9281517
asked 3 hours ago
Greendrake
1,9281517
1,9281517
add a comment |Â
add a comment |Â
2 Answers
2
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oldest
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up vote
2
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Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level.
Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is professionally embarrassing.
As a matter of public policy, there is no sanction that is directly applied to the judge otherwise judges would be too cautious to make decisions. Anyone who makes professional decisions will get them wrong from time to time - they generally are not punished.
That said there are judicial errors that stem from making the wrong judgement (so to say) call and judicial errors that stem from royally screwing up. The former are far less damaging than the latter.
In addition, appeal courts can only overrule a decision if the judge has made an error of law, not if they have made an error of fact. In practice, the distinction is not trivial.
In a jury trial, the jury decides the facts, the judge decides the law - appeals can only be on the basis of what the judge did, not on the basis of what the jury did (barring egregious misconduct by the jury). In a judge only trial the judge decides both but an appeal can only be on matters of law.
answered 1 hour ago
Dale M
47.2k12770
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
add a comment |Â
up vote
-1
down vote
I am in similar situation as I am appealing against a Possession order made by a District Judge in County Court in London. The judge intentionally delivered a biased judgement in which she reflected the same speculations that was based in Local Authority allegations of subletting. At the hearing, I could sense signs and messages from the Claimant's barrister to the Judge. I believe they thought I may not appeal or miss the appeal's deadline. I am a litigant in person and no one was with me at the hearing to take notes or to witness the process. I am now appealing to Circuit Judge for permission to appeal and worried if Circuit Judge does not give me the opportunity at the Oral hearing for one hour in November. grateful if you could share some views on how to represent my case to the Circuit Judge. I am also much interested to take my case to Supreme Court as 3 judges are safer than one. I am also having been experiencing a delay of over than two months to get the transcript of the Judgement as it seems the tapes initially did not captured the judgement. I now heard that some editing took place and waiting for the Court approval of transcript
answered 1 hour ago
kensington
11
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kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How does this answer the question?
– Dale M
1 hour ago
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
2
down vote
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level.
Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is professionally embarrassing.
As a matter of public policy, there is no sanction that is directly applied to the judge otherwise judges would be too cautious to make decisions. Anyone who makes professional decisions will get them wrong from time to time - they generally are not punished.
That said there are judicial errors that stem from making the wrong judgement (so to say) call and judicial errors that stem from royally screwing up. The former are far less damaging than the latter.
In addition, appeal courts can only overrule a decision if the judge has made an error of law, not if they have made an error of fact. In practice, the distinction is not trivial.
In a jury trial, the jury decides the facts, the judge decides the law - appeals can only be on the basis of what the judge did, not on the basis of what the jury did (barring egregious misconduct by the jury). In a judge only trial the judge decides both but an appeal can only be on matters of law.
answered 1 hour ago
Dale M
47.2k12770
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
add a comment |Â
up vote
2
down vote
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level.
Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is professionally embarrassing.
As a matter of public policy, there is no sanction that is directly applied to the judge otherwise judges would be too cautious to make decisions. Anyone who makes professional decisions will get them wrong from time to time - they generally are not punished.
That said there are judicial errors that stem from making the wrong judgement (so to say) call and judicial errors that stem from royally screwing up. The former are far less damaging than the latter.
In addition, appeal courts can only overrule a decision if the judge has made an error of law, not if they have made an error of fact. In practice, the distinction is not trivial.
In a jury trial, the jury decides the facts, the judge decides the law - appeals can only be on the basis of what the judge did, not on the basis of what the jury did (barring egregious misconduct by the jury). In a judge only trial the judge decides both but an appeal can only be on matters of law.
answered 1 hour ago
Dale M
47.2k12770
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
add a comment |Â
up vote
2
down vote
up vote
2
down vote
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level.
Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is professionally embarrassing.
As a matter of public policy, there is no sanction that is directly applied to the judge otherwise judges would be too cautious to make decisions. Anyone who makes professional decisions will get them wrong from time to time - they generally are not punished.
That said there are judicial errors that stem from making the wrong judgement (so to say) call and judicial errors that stem from royally screwing up. The former are far less damaging than the latter.
In addition, appeal courts can only overrule a decision if the judge has made an error of law, not if they have made an error of fact. In practice, the distinction is not trivial.
In a jury trial, the jury decides the facts, the judge decides the law - appeals can only be on the basis of what the judge did, not on the basis of what the jury did (barring egregious misconduct by the jury). In a judge only trial the judge decides both but an appeal can only be on matters of law.
answered 1 hour ago
Dale M
47.2k12770
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level.
Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is professionally embarrassing.
As a matter of public policy, there is no sanction that is directly applied to the judge otherwise judges would be too cautious to make decisions. Anyone who makes professional decisions will get them wrong from time to time - they generally are not punished.
That said there are judicial errors that stem from making the wrong judgement (so to say) call and judicial errors that stem from royally screwing up. The former are far less damaging than the latter.
In addition, appeal courts can only overrule a decision if the judge has made an error of law, not if they have made an error of fact. In practice, the distinction is not trivial.
In a jury trial, the jury decides the facts, the judge decides the law - appeals can only be on the basis of what the judge did, not on the basis of what the jury did (barring egregious misconduct by the jury). In a judge only trial the judge decides both but an appeal can only be on matters of law.
answered 1 hour ago
Dale M
47.2k12770
edited 11 secs ago
answered 1 hour ago
Dale M
47.2k12770
answered 1 hour ago
Dale M
47.2k12770
answered 1 hour ago
Dale M
47.2k12770
47.2k12770
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
add a comment |Â
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
Can you please elaborate the line between judicial and professional errors? If a judge rules that evidence does not prove guilt beyond reasonable doubt when it well does from mere common sense and the higher court judge rules it does — would that be judicial or professional error?
– Greendrake
31 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
@Greendrake In general, judges do not rule on guilt or innocence in criminal trials, juries do. Also, there is no difference.
– Dale M
9 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
It depends on whether a competent judge would have avoided the error. It’s probably easier to give an example of an error that is clearly not embarrassing. Suppose there are two reasonable alternative interpretations of a statute and a trial judge chooses, as he or she is required to, the interpretation chosen by the Court of Appeal in a previous case. If the Supreme Court later adopts the other interpretation, the trial judge has erred but this does not reflect on his or her competence.
– sjy
6 mins ago
add a comment |Â
up vote
-1
down vote
I am in similar situation as I am appealing against a Possession order made by a District Judge in County Court in London. The judge intentionally delivered a biased judgement in which she reflected the same speculations that was based in Local Authority allegations of subletting. At the hearing, I could sense signs and messages from the Claimant's barrister to the Judge. I believe they thought I may not appeal or miss the appeal's deadline. I am a litigant in person and no one was with me at the hearing to take notes or to witness the process. I am now appealing to Circuit Judge for permission to appeal and worried if Circuit Judge does not give me the opportunity at the Oral hearing for one hour in November. grateful if you could share some views on how to represent my case to the Circuit Judge. I am also much interested to take my case to Supreme Court as 3 judges are safer than one. I am also having been experiencing a delay of over than two months to get the transcript of the Judgement as it seems the tapes initially did not captured the judgement. I now heard that some editing took place and waiting for the Court approval of transcript
answered 1 hour ago
kensington
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How does this answer the question?
– Dale M
1 hour ago
add a comment |Â
up vote
-1
down vote
I am in similar situation as I am appealing against a Possession order made by a District Judge in County Court in London. The judge intentionally delivered a biased judgement in which she reflected the same speculations that was based in Local Authority allegations of subletting. At the hearing, I could sense signs and messages from the Claimant's barrister to the Judge. I believe they thought I may not appeal or miss the appeal's deadline. I am a litigant in person and no one was with me at the hearing to take notes or to witness the process. I am now appealing to Circuit Judge for permission to appeal and worried if Circuit Judge does not give me the opportunity at the Oral hearing for one hour in November. grateful if you could share some views on how to represent my case to the Circuit Judge. I am also much interested to take my case to Supreme Court as 3 judges are safer than one. I am also having been experiencing a delay of over than two months to get the transcript of the Judgement as it seems the tapes initially did not captured the judgement. I now heard that some editing took place and waiting for the Court approval of transcript
answered 1 hour ago
kensington
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How does this answer the question?
– Dale M
1 hour ago
add a comment |Â
up vote
-1
down vote
up vote
-1
down vote
I am in similar situation as I am appealing against a Possession order made by a District Judge in County Court in London. The judge intentionally delivered a biased judgement in which she reflected the same speculations that was based in Local Authority allegations of subletting. At the hearing, I could sense signs and messages from the Claimant's barrister to the Judge. I believe they thought I may not appeal or miss the appeal's deadline. I am a litigant in person and no one was with me at the hearing to take notes or to witness the process. I am now appealing to Circuit Judge for permission to appeal and worried if Circuit Judge does not give me the opportunity at the Oral hearing for one hour in November. grateful if you could share some views on how to represent my case to the Circuit Judge. I am also much interested to take my case to Supreme Court as 3 judges are safer than one. I am also having been experiencing a delay of over than two months to get the transcript of the Judgement as it seems the tapes initially did not captured the judgement. I now heard that some editing took place and waiting for the Court approval of transcript
answered 1 hour ago
kensington
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am in similar situation as I am appealing against a Possession order made by a District Judge in County Court in London. The judge intentionally delivered a biased judgement in which she reflected the same speculations that was based in Local Authority allegations of subletting. At the hearing, I could sense signs and messages from the Claimant's barrister to the Judge. I believe they thought I may not appeal or miss the appeal's deadline. I am a litigant in person and no one was with me at the hearing to take notes or to witness the process. I am now appealing to Circuit Judge for permission to appeal and worried if Circuit Judge does not give me the opportunity at the Oral hearing for one hour in November. grateful if you could share some views on how to represent my case to the Circuit Judge. I am also much interested to take my case to Supreme Court as 3 judges are safer than one. I am also having been experiencing a delay of over than two months to get the transcript of the Judgement as it seems the tapes initially did not captured the judgement. I now heard that some editing took place and waiting for the Court approval of transcript
answered 1 hour ago
kensington
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 1 hour ago
answered 1 hour ago
kensington
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 1 hour ago
kensington
11
answered 1 hour ago
kensington
11
11
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
kensington is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How does this answer the question?
– Dale M
1 hour ago
add a comment |Â
How does this answer the question?
– Dale M
1 hour ago
How does this answer the question?
– Dale M
1 hour ago
How does this answer the question?
– Dale M
1 hour ago
add a comment |Â
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