In recent conversations with Judges around the Midwest we have been told that an increasing number of divorce and child support case filings are submitted by self-represented persons. They tell us that a lot of time is spent helping these persons navigate the judicial system, teaching about court procedures and how to present themselves in court. In some courts they have gone so far as to make it mandatory to attend training sessions on court decorum in order to appear in front of a judge. We’d like to share with you some tips on how to best present yourself in court.
Who is the judge?
The judge is a lawyer who has been elected or appointed to preside over hearings and trials to resolve disagreements between interested persons. The judge may be either a man or a woman. The judge should be impartial, should not have a personal relationship with any of the parties, nor have a “stake” in the outcome of the case. The judge is literally “in charge” of the courtroom, and the persons in it. In any domestic (or family law) proceeding (divorce action, paternity action, child custody hearing or child support determination), the judge is both the most powerful person in the courtroom, and also the least knowledgeable about the specifics of the case. While the judge is charged with knowing and applying the proper procedure and the law, he (or she) must depend on the litigants and their lawyers, and the witnesses (expert and non-expert alike) to supply the facts to which the law is to be applied.
What is your job?
Your job as a litigant, therefore, is to provide the judge with reliable, factual information upon which the judge can base a decision which is fair and reasonable. In order for the judge to make appropriate decisions, there are rules which apply to everyone in the courtroom:
Your job as a litigant, therefore, is to provide the judge with reliable, factual information upon which the judge can base a decision which is fair and reasonable. In order for the judge to make appropriate decisions, there are rules which apply to everyone in the courtroom:
- Stand when addressing the judge.
- Always look the judge in the eye when speaking to the judge.
- Don’t engage in conversation or argument with others in the courtroom.
- The court reporter (or recording system) can only accurately record the spoken statements of one person at a time. If the judge is speaking, only the judge’s statements are being recorded.
- Don’t interrupt the judge (or anyone else).
- Don’t “talk over” another person.
- Demonstrate civility and respect for others in the courtroom.
- Speak when spoken to and keep your statements pertinent to the subject matter of the hearing.
- Dress appropriately. (See what should I wear?)
- Avoid attempting to influence the judge with facial expressions of disgust, surprise or shock. Don’t scoff, snort, laugh or roll your eyes regardless of what you think of someone else’s statement.
Even outside the courtroom, there are rules you should be aware of. You should not attempt to contact the judge by telephoning their office or asking someone to speak to them. The same rule applies to the judge’s staff – their secretary, assistant, law clerk or bailiff. The judge is, after all, the ultimate decision maker in your case. It does not pay to irritate the judge by flouting the rules. Judges are persuaded by logic and compelling argument, not by appeals to prejudice or ridiculously extreme suggestions. If the judge makes a ruling, do not argue, even if you feel sure the judge is wrong. If the ruling is wrong, you may have an opportunity to appeal the ruling to a higher court.
We hope this helps you in presenting your case in front of the court.
As always we recommend speaking with a lawyer about any of this if you need assistance.