Chapter 21: Judicial Conduct and Courtroom Ethics – (Halachot 1–11)

Overview:

These halachos outline the ethical and procedural standards for judges and litigants in Jewish law. They emphasize fairness, equality, impartiality, and integrity in the judicial process, ensuring that justice is not only done but seen to be done.

Halacha Summaries with Headings

Halacha 1 – Equal Treatment of Litigants

It is a positive commandment to judge righteously: “Judge your fellow with justice.” This means treating both parties equally—do not allow one to speak at length while telling the other to shorten, nor speak kindly to one and harshly to the other.

Halacha 2 – Equal Appearance

If one litigant wears fine clothes and the other shabby garments, the judge should instruct the wealthy litigant to dress like the other or provide similar clothing so they appear equal before judgment.

Halacha 3 – Equal Positioning

Both litigants must stand during proceedings. If the court wishes, it may seat both—but never one above and one below. During final judgment, both must stand, as it says: “The people stood before Moses.” Witnesses must always stand.

Halacha 4 – Scholar and Commoner

If a Torah scholar and an unlearned person come to court, the scholar may be seated and the commoner told to sit if he wishes. The scholar should not preemptively sit before his teacher unless it is his set time for study.

Halacha 5 – Custom of Seating

Courts have adopted the practice of seating both litigants and witnesses to reduce conflict, since we lack the strength to maintain the original strict standard.

Halacha 6 – Priority in Cases

When multiple cases await judgment:

• Orphan’s case comes first, then widow’s, then Torah scholar’s, then commoner’s.
• A woman’s case precedes a man’s because her embarrassment is greater.

Halacha 7 – Hearing Both Sides

A judge must not hear one party’s arguments before the other arrives, even a single word. Doing so violates: “Do not accept a false report.” This also warns against listening to or speaking lashon hara (slander). Litigants are likewise forbidden to present arguments before their opponent arrives.

Halacha 8 – Language and Translation

A judge should not rely on a translator unless he understands the litigants’ language. If he cannot respond fluently, a translator may explain the verdict and reasoning—but not the arguments.

Halacha 9 – Repeat Arguments

The judge must listen carefully and repeat the claims to ensure clarity, as Solomon did: “This one says, ‘My son is alive,’ and yours is dead.” He should confirm the truth in his heart before ruling.

Halacha 10 – No Coaching

A judge must not act as an advocate or suggest arguments to a litigant. He should state what appears correct and remain silent. Even if one party brings a single witness, the judge should not explain the law but simply present the testimony and let the other respond.

Halacha 11 – Limited Assistance

If the judge sees a litigant struggling to express a valid claim due to anger, confusion, or ignorance, he may help slightly to clarify the beginning of the argument—based on “Open your mouth for the mute.” He must be cautious not to become like a legal advocate.

Key Takeaways

• Equality in court: Equal speech, appearance, and position for both parties.
• Integrity: No private hearings, no favoritism, no coaching.
• Clarity: Judges must understand, repeat, and deliberate before ruling.
• Compassion with caution: Assist only to prevent injustice, without advocacy.
• Priority for the vulnerable: Orphans and widows come first in judgment.