The Complex Calculus of Agreement Among Appellate Judges
Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder.
February 05, 2018 at 03:15 PM
6 minute read
Upon Further Review
Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be the most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder. What makes trial judges so powerful? For one thing, they preside alone over a case while it is pending in the trial court, and thus they don't need one or more other judges to agree with them to issue an authoritative ruling. And, for another thing, the vast majority of trial court rulings will never be the subject of appellate review, and even many of those that are will end up being subject to the highly deferential “abuse of discretion” standard of review.
Although for the reasons explained, a trial judge may have even more power than an appellate judge to influence the outcome of a particular case, it cannot be denied that appellate judges themselves have great power that trial judges are incapable of exercising. When an appellate judge is in the majority in a precedential ruling, his view of the law will not only bind the parties in the case directly under review but will also bind the parties in other similar cases that will arise for decision in the future.
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