The defendant has bags under her eyes and her nose is slightly tinged with
red. She fights back her emotions to present a good face to the court. It's
a big moment in her life: she faces losing her daughter in a custody battle.
This is the kind of case Judge Moira Legere sees frequently in her family
law courtroom. Legere has always felt she was in court to help other people,
and like other judges, she began her career as a lawyer.
"I came from a family where the law was always being talked about," says
Legere. "That decision in my life was made before I even knew it."
After finishing school, Legere went into corporate law, but eventually
found she was more comfortable working in family law.
"I enjoyed being the person who could present opinions for others who couldn't
do it themselves," she says.
And no matter what kind of law Legere was involved in, she says she always
liked stepping into the courtroom. "The courtroom is a place where people
can peaceably resolve their problems, and abide by the rules to do this,"
she says.
As a lawyer, Legere says she enjoyed reading people's reactions and knowing
how to move her argument forward. She has to bring out different qualities
as a judge. "It's different because now I'm in the position where I have to
arrive at remedies to problems and have to make the decisions," she says.
"You have to listen a great deal more. Rather than judging reactions, I'm
sitting there listening all day."
As a judge, Legere must also be patient with people in the court. "I have
to concentrate on what is being said, and I have to be patient, kind and compassionate,"
she says.
Legere's concern for humanity doesn't end at 5 o'clock when she slams down
her gavel. "You have to live your words," she says.
Maintaining personal integrity is the most important aspect of law. "Although
you wouldn't think it from all the jokes you hear," she says.
"Nothing you do should ever take away from your own personal integrity,"
she says. "Judges are in a position of public trust. You have to convince
people to trust you, to believe in you. You always have to be a person who
conducts things honestly and reasonably."
Duane Benton, a judge in Missouri, spends less of his time listening to
people's testimonies than Legere. That's because he works in the court of
appeals.
In trial courts, prosecuting lawyers try to convince a jury that a defendant
is guilty. They use facts, evidence and simple arguments to show the jury
that the defendant committed a crime.
"In trial courts, you're concerned with who shot who, or you're trying
to find out who did or didn't do it," says Benton. After a defendant has lost
a case, they try to get the conviction overturned at the court of appeals.
"We don't deal with the facts or evidence at the court of appeals," he
says. "That's all left to the trial courts. At the court of appeals we deal
with legal questions like: 'Is this a crime? Was the law executed properly
in this case?'"
The court of appeals hears arguments in order to decide if the ruling was
flawed or procedure in the trial was incorrect. If they find something wrong
with the legal issues, they overturn the decision made in the trial court.
Reaching a decision can be difficult. "If a case gets to the court of appeals,
that usually means that both sides have a plausible argument, and you have
to be able to think critically in order to figure out which of the arguments
is best," says Benton.
In order to examine the arguments, a court of appeals judge spends a lot
of time researching the law and reading briefs. Benton has two full-time law
clerks that help with research. "We work closely as a team, structuring opinions
and different arguments," he says.
Once a decision is reached, an appeals court judge writes and presents
a paper to record a formal opinion. "It's just like a big term paper," says
Benton. "All of my arguments must be laid out clearly and concisely."
Benton says he enjoys forming these arguments on paper. However, once his
opinions are made public, he doesn't get a chance to defend what he has written.
If someone is upset by a judge's opinion and attacks the judge's words, the
judge can't respond.
"As a rule, judges aren't allowed to respond to critics," Benton explains.
"The only proper way for a judge to give an opinion is through the courts."
Before becoming a judge, Benton used to work as a state revenue director.
If someone attacked his decisions, Benton simply called up the person and
explained his action or called the media. "Typically, some things are better
left unsaid, but if I felt it was a serious attack I could always respond,"
he says.
As a judge, he doesn't have a second chance to defend his opinion. "It's
most frustrating when you can't respond," says Benton.
However, Benton says this is only a minor quibble with the career. "Judges
enjoy a lot of respect, and there's a certain prestige that goes along with
the job," he says.
A judge's job is also satisfying because they have the power to make decisions
that will affect people directly, whether in the court of appeals or at a
trial. They arrive at decisions that will make a difference in everyday lives.