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Show r I On Not Cases Role: Decide Merit, Judges Inherent Hazards Of Courtroom Battle . . n ixite B 5) (C to change In responsible society and it is a mark of their courage that they alter the lav Indefiance of stability. Judges, it should be noted in support of the biblical ad monition, are Judged as to the soundness of their Judgments. The decision of a city Judge is subject to appeal to a higher court, and the decision is subject to reversal by the higher court. And so It is vith every Judge on some matters, but not on all matters. The of a district Judge is subject to appeal to the State Supreme Court. Except for a constitutional matter, how ever, the decision of a city Judge may not be subject to appeal beyond the district The decision of the judge. district Judge on a matter or iginatlng in his jurisdiction may not be appealed beyond the State Supreme Court, un less it be a federal constitution matter. On a state constitutional matter there is no appeal beyond the State Supreme Court, and on a federal constitutional matter, there is no appeal beyond the U S. Supreme Court. These affirmative assertions, in many categories, on may be negated by an action of the legislature modifying the authority of the however, courts. Those are some of the Ideal concepts of the role of the Judge In the administration of the law. All Judges may not fit the shoe. What Is the practical function of the Judge? What can you expect from the old,voung, en dignified, relaxed, gruff, man (or woman) seated on the dais, sometimes overlooking jury, lawyers, plaintiffs, defendants, spectators presiding over all with the power and dignity of severe finality? He is the referee. He listens. He resolves conflict in the arena established for adversaries, who have come before him because they cannot agree on what is law; or because they cannot agree on whether there has been unjust Imposition of law. When the Judge presides over a case without a Jury, he functions also as Jury. He must determine the proper application of the law. He must also elect among disputed facts as to which shall prevail (not which is right or wrong, you see; only which set of facts shall prevail). When the jAdge presides over a case or controvery in which there Is a urv. the Judge Is concerned only with questions of what is the lav. The judge will impose the lav upon counsel and those represented by counsel. He will Impose the law upon the Jury and (presumably) the Jury may reach Its decision only within the legal llmlta defined soft-spok- eaance fXHBOCOf DIAMOND FICTION tWpnatf ontf n by the judge. In some exceptional areas, the Judge may go so far as to tell a jury that there is no question of what are the facts; he may direct a verdict and the jury has no alternative. What the presumed functions of judges are may not always coincide with what are the actual functions of the It will be observed judge. that some judges serve as legal advisor to one or another, or both parties to a controversy. A judge may appear to serve as one of the advocates as he draws Information from a witness or a principal in a case. One judge may exercise extreme care to protect the rights of participants by calling rights to their attention; the same judge, or another one, may ignore the rights of a participant and, because the participant tails to exercise rights, consider them to be waived . The judge may function in a courtroom in informal, but no less authoritative, capacity proceedings preliminary to In legal maneuverings before a case Is "at Issue (that point where a trial is necessary to resolve issues), the judge may sit as referee to protect the role of counsel for each side; to determine that counsel for either side Is directed to the best service for his client. The less competent the lawyer, the more In atrial. appointed for life and may this role is usurped by the legislature as in most felony sentences; or, unless extent of pecuniary judgment is the prerogative of the jury) must impose sanctions In some civil cases in which he presides alone, he must evaluate and assess damages or awards. In criminal cases he must determine application of probation or parole or other conditions of execution of penalty. In criminal cases, the judge, clearly, is sociologist. In any event, he reflects the maturity of his society. The judge may or may not be assisted by statute in the he makes, determinations either as to innocence or guilt, responsibility or exhoner-atio- n, or as to nature and extent of penalty. Salt Lake City judges may impose criminal penalties up to $299 and-- or up to six months .retire at full pay. Utah district and Salt Lake City judges are elected for sixyear terms and may retire at half pay with established maximums. The justices of the Utah EVERY S Supreme Court are elected to serve 10 year terms, while U. S. Supreme Court justices are appointed by the president, with approval of the U. S. Senate to serve for life. History develops on a frame CARPET SALE All Perfects No Seconds in Jail. City judges may concern themselves with civil claims up to $1,000. City and district judges in Utah maybe bound by discretion and constitutional restraint or by statute in penalties they may NO PAYMENT UNTIL JANUARY 125 12 it ir lr 15' 139" - 99 9' 4 139 v 12 2 12 12 15 15 15 1511 113 109 ir ir 12 9-- LOWER MALL COTTONWOOD MALL 12 tSS-T- 7!l . COTTONWOOD MALL Prices Reduced This Week All Western Artist Ass t small prints C. RUSSEL Only , CGv Peg. $1 00 278-523- C. RUSSEL MONET DeVINCI KERR KEANE REMINGTON REMBRANDT VAN GOGH 7 WOOD RENOIR SWINNERTON AND MANY OTHERS HOUSE OF REPLICA SOUTH END OF THE MALL ACROSS FROM MAKOFFS 139 12 12 12 10' 9 13'9 13'3 9 7 15'6 ir 12-- ir 15 15 15 12 12 HIS CHOICE! 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