Is there a difference between a trial judge and an appellate judge?

California, United States of America


The following excerpt is from Hurtado v. Statewide Home Loan Co., 167 Cal.App.3d 1019, 213 Cal.Rptr. 712 (Cal. App. 1985):

Our judicial system which provides for appellate review of trial court rulings presumes generally that where a trial and appellate court disagree, the appellate court's view will prevail. Such a systemic presumption clearly "does not reflect a view that an appellate judge is inherently more able than a trial judge." (Friendly, op. cit. supra, 31 Emory L.J. at p. 757.) Rather, there are structural reasons for preferring appellate court decisions as a general rule. Counsel generally have more time for thoughtful reflection on legal issues when a case is on appeal rather than in the more pressured confines of the trial court. Not only are counsel in a position to present [167 Cal.App.3d 1024] more refined issues, but the appellate court itself has more time and resources for research and discussion. Also of considerable significance is the collegial and pluralistic nature of the appellate court. One member of the panel may possess special expertise or insight on a problem not shared by the other members of panel, the trial judge or counsel. Moreover, the discussion and debate among judges which attends the creation of an appellate opinion illuminates the relevant issues such that the panel's collective decision is often superior to what would have been the product of any single panel member. In the same way as cross-examination is the crucible within which the truth of testimony is tested (e.g., United States v. Oliver (2d Cir.1980) 626 F.2d 254, 262), the challenge of thoughtful debate is perhaps the best test for the soundness of legal rules. (See generally Friendly, op. cit. supra, 31 Emory L.J. at p. 757.)

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