What is the standard of conduct of a trial judge?

California, United States of America


The following excerpt is from People v. Hernandez, 160 Cal.App.3d 725, 206 Cal.Rptr. 843 (Cal. App. 1984):

Trial judges are constitutionally required to render decisions in 90 days of their submission 6 and are under staggering burdens caused by a geometrically expanding caseload. They are expected, however, never to deviate from the standards of decision making that reflect reasoned, informed and dispassionate conclusions. The mandates of judicial office dictate that the decision-making process is not a rush to judgment or a capricious or arbitrary judgment. A judge is expected to resolve matters in dispute in such a way so as not to impede the cause of justice. "... enlightened by intelligence and learning, controlled by sound principles of law, a firm courage combined with the calmness of a cool mind, free from partiality, not swayed by sympathy nor warped by prejudice nor moved by any kind of influence save alone the overwhelming passion to do that which is just." (People v. Surplice (1962) 203 Cal.App.2d 784, 791, 21 Cal.Rptr. 826.)

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