Judges & Judicial Office

No man ought to be a judge in his own cause.

Nemo debet esse judex in propria causa.

Source: 12 Co. 13; Branch, Princ.; Broom, Max. 117; Weisman, 63d

A judge who has a personal interest in the matter before him is disqualified — any judgment rendered under such a conflict is void for want of impartiality.

A good judge decides according to what is just and right, and prefers equity to strict law.

Bonus judex secundum aequum et bonum judicat, et aequitatem stricto juri praefert.

Source: Co. Litt. 24; Jenk. Cent. 45, case 85; Broom, Max. 77; Weisman, 63c

A judge who mechanically applies the letter while ignoring the substance of justice has failed his office.

It is the duty of a judge to declare the law, not to make it.

Judicis est jus dicere, non dare.

Source: Lofft 42; Tray. Leg. Max. 283; Weisman, 63y

Legislation belongs to the legislature; the judicial office is to interpret and apply existing law, never to invent new law from the bench.

A judge who exceeds his office is not to be obeyed.

Judex qui excedit officium suum non obeditur.

Source: Jenk. Cent. 139, case 84; Weisman, 63z

Obedience to judicial authority depends on the judge acting within the bounds of his lawful commission — beyond those bounds, his commands carry no force of law.

The ignorance of the judge is the calamity of the innocent.

Ignorantia judicis est calamitas innocentis.

Source: 2 Inst. 591; Weisman, 63p

The people's liberty depends upon judges who know the law; an ignorant judge is a danger to every man who comes before him.

That law is best which leaves least to the discretion of the judge; that judge is best who leaves least to his own will.

Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi.

Source: Bacon, Aph. 8, 46; Broom, Max. 84; 1 Kent, Comm. 478; Weisman, 63q

Arbitrary discretion is the enemy of liberty — the more a judge's decision is bound by fixed principles of law, the safer the rights of the people.

The judge is the law speaking.

Judex est lex loquens.

Source: 7 Co. 4; Weisman, 63o

The judge is not the master of the law but its voice — he speaks what the law says, not what he wishes it said.