Know Your Judge

Know your judge.  It's a simple statement but it is perhaps more important in marital and family law than in any other area of the law.  This is so because so much of what a judge can do by way of a ruling is based upon what we call "judicial discretion."  Judicial discretion is nothing more than the power a judge has to do justice or equity as he or she sees fit within the parameters of the law and rules of procedure.  Unfortunately, there are few bright line laws or guidelines in family and marital law.  Most of what a judge is called upon to decide is ultimately subjective.  Therefore, it becomes critical for your attorney to know the judge assigned to your case.  Judges are people like the rest of us.  Their subjective opinion or view of what is reasonable, wrong or right in family law is shaped by their own beliefs and life experiences.  Having a judge decide any outcome in your case, whether on a temporary or permanent basis, is not ultimately what you should want.  However, the hard facts are that some times despite all best efforts to settle issues and avoid a hearing or trial, it simply cannot be done and a judge must decide.  Your attorney should be able to tell you about the judge assigned to your case, his or her experiences with that judge as well as that judge's predispositions and personal biases before you ever commit to having a judge decide any issue in your case.  A very wise judge once told me, "A good attorney knows the law, a great attorney knows the judge."