Objective and Clear Mindset Vital when Presiding over Court Proceedings

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Information about Objective and Clear Mindset Vital when Presiding over Court Proceedings
Law

Published on November 8, 2014

Author: legaltranscription

Source: slideshare.net

Description

An impartial and clear mindset is needed when presiding over court proceedings that are a vital element of the justice system. Judges and jury members must be honest and interpret the law coherently.

1. MOS Legal Transcription Service 1­800­670­2809 Objective and Clear Mindset Vital when Presiding over Court Proceedings Court proceedings are where the hope of justice delivered is realized. They are an important element of the justice system, and require judges and jury members to be honest and interpret the law coherently. Apparently that coherence has been brought into question with regard to a Michigan judge. The judge has been ordered by the Michigan Supreme Court to undergo psychiatric examination, according to a recent report. The Supreme Court’s order was issued following a petition made by the Judicial Tenure Commission of the state. The state’s high court has given direction to the JTC to schedule the medical examination. The examination is aimed at determining whether the judge is suffering from any kind of psychiatric disorder, and also to ascertain his fitness to serve in the position according to the Canons of Judicial Conduct. JTC Sought Suspension of Judge Though the state’s Judicial Tenure Commission is seeking suspension of the judge, the Supreme Court has merely allowed the psychiatric examination. The review will

2. MOS Legal Transcription Service 1­800­670­2809 include a December letter apparently sent by the judge to federal prosecutors. A letter which the judge is understood to have sent to a federal prosecutor in December 2013 will also be included in the review. The judge’s attorney revealed that he was on leave from early 2014 on account of a physical issue. He also said that the judge does have personal problems, but is otherwise doing well. The name of the judge has not been disclosed. Code of Conduct for US Judges Judges of the United States are required to follow a Code of Conduct which has been accepted by the Judicial Conference of the United States, which governs the integrity and actions of the judges. Apparently this Michigan judge seems to have violated or come close to violating any of these conditions which would explain why the Judicial Tenure Commission sought the suspension and psychiatric examination of the judge. The results of the test would determine whether the judge should be allowed to continue in office, is mentally incompetent, or has failed to live up to the code of conduct. It would help determine whether he could be relied upon to preside over court proceedings. A psychiatric evaluation can be considered as a method to understand the mental capacities and sensibilities of an individual as well as grasp their behavior and personality. There are many techniques used for this. Psychological assessment is the central element of a psychiatric test. The assessment determines the mental condition of the individual or psychiatric traits that may be

3. MOS Legal Transcription Service 1­800­670­2809 conducive, or detrimental to, the responsibility held by the individual. This would serve to determine whether the individual should be discharged from the responsibility he is currently holding. Greater Scope of the Psychological Assessment Psychological assessment could be also instrumental in detecting a psychological disorder, a neuropsychological deficit, or emotional factors in relation to medical complaints. It also helps frame the individual’s neuropsychological status. This is mighty important when the concerned individual is a judge. Biographical and social information about the candidate and direct observations are as crucial to the psychiatric evaluation as are psychological tests.

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