The public judges the performance of judges in part based on how they handle legal issues. Depending on which issues or categories are more prevalent during a particular administration, this could impact how positively the public views the bench or negatively. The types of legal issues judges encounter could vary depending on their particular jurisdictions, but some issues pop up frequently across jurisdictions. For example, child custody disputes, divorce proceedings, and domestic violence cases are issues that may arise frequently in any given jurisdiction. Below is a list of some of the most common legal issues that judges in the United States encounter on a daily basis.
Child Custody Disputes
Child custody disputes are some of the most common legal issues faced by judges. In fact, more than 90 percent of child custody cases end up being settled through mediation or arbitration, which indicates that the issues at hand are not necessarily clear-cut.For instance, one of the most common issues that judges encounter is who gets primary physical custody of the child. Depending on the jurisdiction, there are a variety of factors that judges will consider when determining who gets primary physical custody. Some of these factors include the ages of the child and the parents, the quality of home life for each parent, the child’s relationship with each parent, and the child’s wishes. Other common issues include who pays for what type of child support, who pays for what type of child-related expenses (such as private school tuition), and who has the right to make medical or dental decisions for the child.
Family Law
Family law issues tend to be among the most complex and sensitive legal issues that judges encounter. Some common examples of family law issues include divorce, child custody and support, spousal support, child support, alimony, adoption, and paternity. The Family Law Code of Virginia, for example, lists more than 200 different types of family law cases that may arise.
Criminal Law
As with other areas of law, criminal law issues tend to vary from state to state. Some common examples of criminal law issues include driving under the influence, drunk driving, hit and run accidents, vehicular homicide, sexual assault, and drug use. Depending on the jurisdiction, a judge may have more discretion in certain types of cases, whereas in other areas, the judge may be required to follow particular sentencing guidelines.
Elder Abuse and Neglect
Elder abuse and neglect cases are some of the most common types of cases that judges see involving the elderly. Some of the issues that judges in these cases might encounter include the ability to care for the elderly person, the financial state of the family, whether the caregiver is taking advantage of the patient, whether the patient is a victim of abuse, and whether the caregiver is suffering from abuse or neglect.
Civil Rights
Civil rights cases are some of the most common legal issues that judges encounter, especially in the areas of employment discrimination, disability discrimination, and equal opportunity employment law. These issues may arise in the workplace, in the healthcare industry, or in other areas where employees interact with the government or other entities.
Conclusion
The public judges the performance of judges in part based on how they handle legal issues. Depending on which issues or categories are more prevalent during a particular administration, this could impact how positively the public views the bench or negatively. The types of legal issues judges encounter could vary depending on their particular jurisdictions, but some issues pop up frequently across jurisdictions. The job of a judge is to decide cases, and the types of issues that each case involves will vary. However, some issues are more common than others. Judges must be equipped to handle the types of issues they are likely to encounter, whether it be child custody disputes, family law issues, or other types of cases. With the right training, judges can be prepared for the challenges that come with their job.