Q: We went to trial and won. The other side appealed. Eighteen months later, the court of appeal reversed, and now we have to try the case all over again. So, this means what one judge decides after a lot of time and trouble can be tossed out by some other judge, just like that?
A.D., Yorba Linda
Ron SokolA: One of the primary objectives of the law is to provide uniformity. We have rules and guidelines that impact our business transactions, our personal relationships and what is considered reasonable, let alone justifiable, behavior. Further, there is a doctrine known as “stare decisis,” which means judges are to “treat like cases alike” and that settled decisions are not to be disturbed.
Thus, it is an understandable concern when the outcome of any particular case is wholly unpredictable because what one judge decides is later vacated or reversed. Also, it is a concern that you spent all the time, effort and money to obtain a verdict that no longer stands. But our legal system is intended to focus on reaching the correct result. Bottom line, the party who is in the right should prevail.
I have found over time that while predicting the outcome of a case is not an exact science, the decisions made, judgments entered and settlements reached are usually not shocking. In sum, looking back at the outcome of a case, with the advantage of hindsight, what came to pass was not a big surprise, in most instances. Yes, one judge can rule differently on a matter than the judge next door, but the goal of the process is to get to the correct decision in either event. In that context, the fact judges can see things and rule on matters differently comes with the process.
Q: When is a trial judge likely to be reversed on appeal?
T.B., El Segundo
A: A judge can make a mistake, but it may not significantly impact the outcome of the case; in that event, it is not deemed prejudicial and the decision remains. Or a judge can be found to have erred to such a degree, the outcome has to be reconsidered, vacated in whole or in part, or reversed. Prejudicial errors can include improper jury instructions, allowing evidence into admission that should have been excluded and misinterpretation of the law. Judges have discretion on many matters, and leeway is often given to the trial judge, but the discretion is not unlimited.
Commission on Judicial Performance
The Commission on Judicial Performance dates back to 1960. It is a California state agency that has responsibility to investigate complaints of judicial misconduct and judicial incapacity, and for disciplining judges. The commission’s mandate is to protect the public, enforce the standards of judicial conduct and in so doing, seek to assure public confidence in both the independence and integrity of the judicial system. You can find the online link at: cjp.ca.gov.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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