posted on May, 9 2009 @ 07:54 PM
One point a lot of people are missing is how clogged our court systems really are. It takes several years for cases to make it though the court
system. Judges often do not have the time to "administer justice", and do everything they can to encourage out of court settlements and plea
bargains. The overwhelming majority of civil and criminal cases do NOT get heard by juries, but are settled out of court.
Another point people are missing are judges' roles before trials. Trials are the culmination of months of procedural wrangling between the parties.
During this time, the parties hold depositions, subpoenae documents, and serve papers on eachother. Usually, the parties play by the rules during the
preliminary stages of the lawsuit, but a court sometimes needs to step in and get the parties to follow the rules.
Courts also help the parties settle disputes by managing this pre-trial process. At the firm I worked at, we were able to settle cases because the
judge pushed back the trial date so the parties could have more time to reach a settlement agreement.