What Is the Role of the Judge in Civil Court?

If you have never been to court, you may be wondering what the judge does in your case. A judge’s job is to make sure the case is fair and that both sides have an equal chance to present their case. 

This article explains what a judge can and can’t do. 

What does a judge do during the case? 

During a case, the judge manages how the case moves forward, interprets the law, and makes decisions. 

They manage the case 

A judge oversees how a case moves forward.  

• They set case deadlines. 
• They decide if the case should continue or not. 
• They choose when the trial will happen and how long it will last. 
• They decide on objections during the trial. 
• If someone does not follow court orders, the judge will respond. 

In cases where there are no attorneys, judges may also: 

• Ask the parties questions. 
• Ask the witnesses questions. 
• Request that the parties provide specific documents. 

They interpret the law 

Judges make all legal decisions in a case.  

Some examples of legal decisions are: 

• Whether a document or witness testimony can be brought up. 
• How to interpret a statute or court rule. 
• Whether a legal deadline has been met. 
• What was meant in a previous court order. 

They make decisions 

If there is a jury, the jury decides what happened, and the judge applies the law. But many cases do not have a jury.  

• Family law, probate, and small claims cases are only decided by a judge. 
• In other cases, both sides can choose not to have a jury. 

If there is no jury, the judge decides both the law and the facts.  

For example, in a family law case, the judge will make all the legal decisions and also choose the parenting plan that is best for the child.  

What are judges not allowed to do? 

Judges cannot ignore Oregon’s laws, give someone legal advice, or treat one side differently than the other side.  

Judges can’t ignore the law. Judges must follow all of Oregon’s laws.  

• Oregon has many laws. These laws include the Oregon Revised Statutes, Oregon Rules of Civil Procedure, Uniform Trial Court Rules, Supplementary Local Rules, and case law decisions.  
• If the judge doesn't follow the law, you can appeal their decision. Appeal means asking a higher court to review the decision.  

Judges can’t give legal advice. Sometimes people without a lawyer ask the judge for help. 

• A judge can answer questions about how the case works. For example, they can tell you how many days you have to file something or when you will get your turn to speak. 
• A judge cannot tell you how to prove your case. For example, they cannot tell you which witness to bring or what to write in your motion. 

Judges can’t treat one side differently than the other side. This means they can’t: 

• Change the rules for just one side. 
• Meet privately to discuss the case with just one side. 
• Make decisions in the case based on their personal opinion about a party. 

Can I ask for a different judge? 

Yes. You can ask for a different judge if: 

• You don’t think the judge can be fair and impartial in your case. 
• You are not asking for a new judge just to delay your case. 

You do this by filing a signed statement, called an affidavit, swearing that the facts above are true. That’s why you might hear people call this “affidaviting a judge.” 

You can do this two times in your case. It must be done right away, before the judge makes any decisions. 

How do people become judges? 

Most judges worked as lawyers for many years before becoming judges. In Oregon, there are two ways to become a judge: 

• Appointed by the governor. This is the most common way. When a judge retires outside of an election, the governor chooses a replacement. That person has several interviews, and local and state bar associations also give their input. 
• Elected by voters. Judges can also run for election in their county. This happens if a judge retires during an election or if someone challenges a current judge. 

Once in office, judges must run for reelection every six years.