Judgecraft

Abstract Judgecraft refers to the combination of practical skills associated with good judging. It varies with the type of court. In an apex court the focus is on good judgment writing; in other courts it may be on speed in handling a heavy caseload. Fact-finding is a skill required of many first instance judges. Social psychology casts much light on how witness evidence is to be evaluated. As well as the traditional skills required for adjudication, judges must be able to deliver ex tempore judgments and handle litigants in person. The pressure of caseloads has resulted in rule changes so that judges must make more decisions ‘on the papers’ without a hearing. Judges must also be able to conduct case management, controlling the steps parties take in litigating so that matters proceed efficiently through the process. The wider sense of managerial judging concerns the role of judges in settling cases, first, by referring them to alternative dispute resolution and, secondly, by direct judicial involvement in bringing about settlement. Critics argue that this takes cases away from the courts and precedent-making. However, without settlement the courts would be overwhelmed. Yet another skill required of some judges is leadership, although whether that is decisional, administrative, or institutional depends on the judge’s position. Collegiality operates in different ways, civility in interpersonal relations between judges, and collaboration in the efficient operation of a court and in decision-making in the multi-judge hearing. Judgment writing is the paradigmatic skill of the judge, which may challenge even experienced judges.