Duties of a Trial Court Judge
Interpreting and Applying Law
The primary duty of a trial court judge is to interpret and apply the law. There are essentially three sources of law trial judges rely on - constitutional law (federal & state), statutory law (passed by the legislature), and case law (written opinions from appellate courts).
For a criminal trial court judge in Texas, the primary sources of law are the United States Constitution, Texas Constitution, Texas Code of Criminal Procedure, Texas Penal Code, and Texas Rules of Evidence. These sources cover a wide range of issues including bail, trial procedures, admissibility of evidence, and sentencing.
Docket Management
The trial court obtains jurisdiction over a criminal case only after the charge is formally filed with the clerk's office. In Texas, a misdemeanor case is generally filed by the prosecuting attorney with a document called an "information" that is accompanied by another document called a "complaint." After the formal charge is filed, the case becomes part of the court's caseload and will be placed on a daily docket. The daily docket is schedule of cases the court will hear in any given day at a specified time.
Each business day, a trial court judge conducts several tasks before, during, and after the daily docket concludes. Before the docket begins, the judge may review and research the cases listed and discuss any pressing issues with the court coordinator. During the docket, the judge routinely handles the following matters (among several others):
- Reviews probable cause and bond conditions for individuals making their first court appearance;
- Conducts plea colloquies for individuals who desire to enter a plea of guilty or no-contest;
- Holds status conferences to determine what evidence/discovery is missing and get updates on negotiations related to a disposition of the case;
- Reviews the bail status of individuals that remain in jail after an initial hearing conducted by a magistrate.
After the conclusion of the daily docket, the judge may confer with court's probation department liaison to review a probationer's progress, preview the next day's docket, review requests for arrest warrants, and sign orders that are ready for the judge's consideration.
Trial Proceedings
Most criminal cases are disposed through agreements between the prosecution and the defense. These agreements include conditional dismissals, pretrial intervention, and pleas of guilty. When the parties cannot reach an agreement, or they have a dispute about the facts and evidence that cannot be resolved, the judge will set the case for a jury trial. Although they are rare, jury trials are the cornerstone of American court system. The jury serves as the fact finder and ultimately renders the verdict, but the judge plays a vital role in these proceedings.
In the jury selection phase ("voir dire"), the judge provides prospective jurors with an overview of the trial process, discusses principles of law, and determines whether a juror is legally able to serve, if challenged by one of the parties. During the presentation of evidence, the judge rules on objections made by the attorneys, determines if challenged evidence is admissible, and ensures the proceedings are conducted in an orderly manner. After all of the evidence is presented, the judge provides the jury with a written set of instructions, known as the "court's charge," that contains the law applicable to the specific case.
If the jury verdict is guilty, the judge will assess a punishment, unless the defendant elected in writing (before jury selection) to have the jury assess punishment. In a misdemeanor case, the punishment may include confinement in the county jail, a fine, or both. The judge may elect to suspend the imposition of the sentence and place the defendant on community supervision (commonly referred to as probation).