Why You Don’t Always See the Judge (When You Go to Court)

In a New York divorce, when you go to Court, you may not actually see the Judge or get to talk to the Judge.  Unlike television or the movies, typically, when you go to Court, the attorneys will meet with the Judge (or sometimes with the Judge’s law clerk) in the Judge’s chambers.  Sometimes, the Judge will not go out on the Bench to address or see the clients.  Clients are often frustrated, as they thought the Judge would talk to them or that they could talk to the Judge.

There are several reasons why you might not see the Judge.  First, Judges have hundreds of other cases, they may be attending to those other cases.  This could include a Judge reading and deciding Motions in other cases. Simply put, Judges are extremely busy.  Second, the Judge may have a trial that day or waiting in the wings.  A Judge will almost always prioritize a trial over coming out to see clients.  Third, especially when there are no children involved, a Judge may not want to actually “meet” the clients. The Judge may believe that meeting the clients is prejudicial to their ruling.  Fourth, and perhaps most importantly, if there is no trial, during a “regular” court appearance, the information they get from the client(s) is very limited.

Indeed, before a trial, the Judge will often get most of their information, about a particular case, from your attorney. As stated, prior to a trial, any information that a client may give to a Judge, is typically not subject to examination or cross-examination and therefore has limited use.  Of course, a Judge may want to know some non-controversial information for example:

• If there are children how old are they and what grade are they in.
• If there are children, who do the children live with (assuming the parents are physically separated).
• What is your employment status, who is your employer, what do you do for employment

Although, you might not actually see the Judge, in court, the Judge keeps notes about your case and knows the status of what your particular case is about.

If you need more information about what happens in Court and how to conduct yourself in Court, then call David Badanes, Esq. and the Badanes Law Office, P.C.  The Badanes Law Office, P.C. has helped numerous clients understand the Court process and in their divorce.  If you need an experienced divorce lawyer, then call David Badanes and the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office, P.C. has offices in Northport, Suffolk County and Uniondale, Nassau County.

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