Financial Statements in the Courtroom – April
Impaired Driving 2023: Where Are We?
Current Issues in Drugged Driving- the Cannabis Effect
Web Self-StudyThe Examination of a Commercial Driver’s License (CDL) Violation from Roadside to Docket
Effectively Communicating with Families That Have Missing or Abducted Children Self-Study Course
A Thoughtful Approach to Racially Impartial, Research-Based Sentencing
Judicial Ethics and Social Media: A Lightning Course
DWI Court Enhancement: A Self-Study Web Course
Probate Matters: A Self-Study Online Course
When Science Comes to Court: Self-Study Course on Forensic Evidence
FreeMitchell v. Wisconsin: The Unanswered Question of Implied Consent
60th Anniversary Chat with the NJC’s First Dean (1963-1964)
Lightning CourseJudge-Led Education: Curriculum Development for Subject Matter Experts – A Lightning Course
Crafting Effective Learning Objectives – A Lightning Course
Are Per Se Standards for Enforcing Marijuana-Impaired Driving Scientifically Legitimate? A Lightning Course
An Overview of Afrocentric Facial Feature and Skin Tone Bias in Criminal Law – A Lightning Course
Evidence-Based Practices: A Judge’s Guide to Pretrial Detention for Non-Violent Offenders – A Lightning Course
Tribal Online Self-Study Across the CountryRestorative Justice
The Anti-Racist Courtroom: Theory and Practice
Environmental Law Essentials for the Judiciary
Best Practices in Handling Cases with Self-Represented Litigants
Handling Capital Cases (JS 623)
Animal Law General JurisdictionEthics, Fairness, and Security in Your Courtroom and Community – ONLINE
Special Considerations for the Rural Court Judge: Web-Based
The Traffic Case: A Course for Nonlawyer Judges
Mindfulness for Judges
Fundamentals of Evidence: Web-Based
Managing Cases Involving Commercial Driver’s Licenses
Impaired Driving Case Essentials
Civil Mediation
General Jurisdiction (JS 610)
Judicial Academy – A Course for Aspiring Judges
Fourth Amendment: Comprehensive Search and Seizure (JS 645)
Judicial Writing (JS 615) – ONLINE
Enhancing Judicial Bench Skills (JS 624)
General Jurisdiction (JS 610)
Decision Making (JS 618)
Ethics, Fairness, and Security in Your Courtroom and Community
Selected Criminal Evidence Issues: Web-Based JS 602
Taking the Bench: An Interactive, Online Course for New Judges
Handling Small Claims Cases Effectively: Web-Based
Handling Inquiries from the Media: A Primer for Judges
An Ethical Approach to the Commercial Motor Vehicle Safety Act of 1986
Judicial Academy TribalWriting for Tribal Judges
Administrative Law: Fair Hearing (JS 612)
Special Court Jurisdiction
Strengthening the Foundation of a Tribal Court: A Self-Study Course for Court Administrators
Essential Skills for Tribal Court Judges
Strengthening the Foundation of a Tribal Court: A Self-Study Course for Court Clerks
Mini-Course Administrative LawAdministrative Law: Advanced (JS 649) – ONLINE
Taking the Bench: An Interactive, Online Course for New Administrative Law Judges
Evidence Challenges for Administrative Law Judges: Web-Based
Ethics for the Administrative Law Judge: Web-Based
Evidence Challenges for Administrative Law Judges: Web-Based
Administrative Law: Advanced (JS 649)
Advanced Bench Skills: Procedural Fairness
NewTransitioning from the Bench
Justice Ruth Bader Ginsburg Lecture (3rd Annual)
Transitioning from the Bench
MilitaryAdvanced Evidence (JS 617)
Fundamentals of Evidence: Web-Based
Evidence in a Courtroom Setting (JS 633)
Designing and Presenting Effective CDL Courses: A Faculty Development Workshop
Civil Mediation: An Online 40-Hour Workshop
Ethics and Judging: Reaching Higher Ground (JS 601): Web-Based
Conversations on Racial Justice Special CourtsDesigning and Presenting: A Faculty Development Workshop
Special Court Jurisdiction: Advanced (JS 611)
Lecture AppellateAdvanced Skills for Appellate Judges
Judicial Writing (JS 615)
water International Symposium TrafficSearch and Seizure in Drug Impaired Driving Adjudication
Fundamentals of “Masking” and Suspensions for CDL Holders in Traffic and Criminal Courts
60thDesigning and Presenting: A Faculty Development Workshop
Special Court Jurisdiction: Advanced (JS 611)
Lessons from Tough Cases: Judging, Judicial Independence, Faithfulness to the Rule of Law
As any judge who has served on a busy trial court can attest, there are many assignments where the cases come at you so hard and fast that there is barely time to step into the box and take your stance before the next one comes zooming in. And that is true of the “easy” cases. And, there are cases where the judge has to wrestle with a problem so complex, or so emotionally draining, as to test the fortitude and impartiality of even the most experienced jurists. These might be called “go to the mountain top” cases.
“Mountain top” cases can appear in the garb of criminal, civil, probate, or family cases. Often the judge is unable to find any guiding legal precedent and is forced to navigate uncharted waters in search of the “just” result. Sometimes controlling legal precedent exists, but following it will lead to an unjust result. And then there are cases where the judge has very wide discretion to apply a vague legal standard, like “the best interest of the child” in contested child custody proceedings, or finding the “right sentence” in a criminal case, where the statutory range might run from no prison time at all to life in prison.
Other cases are hard not only because of the subject matter, but also because they capture the attention of the entire community and become highly politicized. These can be especially challenging for elected judges, who know that whatever decision they make may become the fodder for an opposition campaign when they next stand for election, and may ultimately cost them their judgeship. These political realities do not lessen the judge’s duty to decide each case in accordance with the facts and the rule of law, by reference to neutral principles. But these requirements can make the exercise of that duty more agonizing, knowing that the decision is likely to be unpopular with at least one large segment of the population.
This 4-day course will provide attendees with an opportunity to examine the decision-making process in a wide variety of contexts. Using a story-telling format, judges Canan and Mize present challenging case studies and encourage participants to share their approaches to reaching just results in each instance.
Objectives
By analyzing and critiquing thirteen poignant stories written by trial judges who struggled with difficult cases, seminar participants should come away with valuable insights about the decision-making process. Hopefully too, attendees will become enthused and empowered to become better judges.