The Essence of a Court Appearance: A Guide to Navigating the Legal System
Being a self-represented litigant can be a challenge, and appearing in court requires a specific strategy, especially when dealing with judges. It is crucial to remember that a judge is the "avenue by which we can find justice" and must be treated with respect, regardless of how the hearing unfolds. It is important to honor the office they hold. While maintaining respect, a litigant must also be assertive, polite, and forceful in their position. This guide will outline key aspects of court appearances, including addressing judicial impropriety, understanding the appeals process, and the importance of preparing for the unpredictable nature of the courtroom.
Addressing Judicial Impropriety
In Canada, if a judge acts inappropriately, the correct course of action is to file a complaint for a judicial review with the Canadian Judicial Council. However, it is important to understand that the Canadian Judicial Council rarely reprimands judges, and when it does, it is typically for very extreme cases of impropriety. Removing a judge from the bench is even rarer, having only happened about 10 times in Canada's entire history. If a complaint is successful, a judge may receive a written rebuke of their conduct, which is known as a condemnation. A potential benefit of filing a complaint is that the judge might recuse themselves from future hearings involving the litigant. This is not because the judge is plotting revenge, but to avoid the appearance of bias. If the complaint is dismissed as frivolous, the judge will likely continue to hear the litigant's matters, and there may be unfavorable consequences.
Understanding the Appeals Process
If a judge makes an error in law or fact, the proper course of action is to file an appeal, not a judicial complaint. This is different from a judicial review because an appeal is a request for a higher court (an appeal judge) to review the decision of the lower court judge. It is important to note that an appeal is not a retrial and the appeal court does not re-weigh the evidence. Instead, the court of appeal's role is to determine if the lower court judge made a mistake of fact or misapplied or misunderstood the law. In many jurisdictions, you must first ask for "leave to appeal," which is permission to appeal the decision. If you are granted leave, you must then convince a panel of judges that the lower court judge erred in law, fact, or judicial discretion. If the appeal is successful, the appeal court may reverse the decision or send the case back to the original judge with new directions. The higher one appeals, the more difficult it is to be heard. For example, in Canada, the Supreme Court accepts only about 3% of the cases that apply to be heard.
Navigating the Courtroom
When in court, a self-represented litigant must assert their position forcefully but politely and respectfully. It is important to object to anything objectionable and to state your position as clearly and concisely as possible. Courtrooms can be chaotic, and it is rare for a hearing to be straightforward and cordial. The only way to truly be prepared for the unpredictable nature of a hearing is through experience. The judge should not be seen as an adversary. They are meant to be a neutral arbiter who can rule in your favor if you present your information and arguments appropriately. The judge is the "point of salvation," the one who can provide a favorable decision to resolve your legal situation.
Conclusion
In conclusion, appearing in court requires a strategic approach. It is vital to show respect to the judge while also asserting your position confidently and politely. When a judge acts inappropriately, the correct response is to file a complaint with the Canadian Judicial Council, which may result in a judge recusing themselves from future hearings. If a judge makes an error in their decision, the proper path is to file an appeal, which allows a higher court to review the lower court's decision for errors in law or fact. Ultimately, the court is a dynamic environment, and while a judge is not an enemy, they are the key to finding a resolution to your legal matters.