Welcome to You Ask Andy

Stephen Worobe, age 13, of Willow Grove, Pennsylvania, for his question:

Why does a judge sit on a high bench?

The most important room in the land is a court of law. People go there to settle their disputes peaceably and to decide who has or has not committed a crime. This is the civilized way to settle things. The judge on his high bench presides over the dignity and the law of the court.

There are three good reasons why a judge sits on a high bench. One is a practical reason, the other a symbolic reason andtthe third a historical reason. The practical reason concerns the most sensible way of running a court room. The court is in session to decide a dispute or a difference of opinion between two opposite parties. Each party must give his side of the argument and all the related facts are brought out into the open. The decision is made on the basis of the laws of the land and the winner is the one who proves that he has more of the law on his side.

The judge must pay close attention to all the facts. He must be ready to rule against every scrap of evidence that is illegal or unrelated to the case and against any unruly or disrespectful conduct in the court. Remember, the opposing parties have agreed to abide by the law rather than settle £heir dispute by force. They deserve a fair hearing. The judge needs to keep a sharp eye on everyone in the court and the most practical place for him to occupy is a high bench at one end of the room.

The symbolic reason concerns our respect for the law and for the justice of the courts. We show this respect by behaving with quiet dignity in the'court room. We show respect for the flag that hangs there and for the man who plays the role. of justice in this particular court room. He is a symbol of the law that we wish to abide by, the law which the opposing parties have agreed to set above their differences. Justice and the law are higher than their disputes. Hence it seems natural to place the judge in a high position    for in the court room he is the symbol of justice and law.

Our courts grew from English courts older than recorded history. Until about 1000 years ago, their judge was the king. He traveled the realm with his court, deciding cases brought before him. Being a king, of course, he sat upon a high throne. Later, members of the royal court were sent around as judges representing his majesty. These offshoots of the royal court became courts of justice. The judges substituted for the king and sat on substitute thrones, or high benches. This system became known as the Court of the King's Bench. The historical reason for seating a judge on a high bench would have been discarded long ago but the idea proved to be very practical, people also felt that it was a sound and subtle way of showing respect for the court room and all that it means.

When you wonder about the importance of something, it is a good idea to imagine what ?ifs would be like without it. Imagine a society with no court rooms where people could go to settle their disputes. The law of the land would be by force, the law of the jungle. A dispute would be settled by a punch in the jaw, every argument won by the most cunning, no matter how crooked. Without that court room, civilization would collapse. So let's feel proud to give it the high bench, the quiet dignity and all the respect it deserves.

 

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