Why Judicial Temperament Matters

A judge's experience matters. But experience alone is not enough.

Judicial temperament matters because people who come before the court deserve to be heard, respected, and treated fairly. A judge must be prepared, patient, organized, and willing to listen before deciding.

That is especially important in Probate Court. Families may be grieving. Fiduciaries may be trying to understand serious responsibilities. Guardianship cases may affect a person's rights and independence. Adoption and name-change matters may involve deeply personal parts of a person's life.

A Probate Judge should understand the law and the people affected by the process. The judge should keep an open mind, consider the facts, and apply the law without favoritism.

Robert Franco believes that lawyers write briefs for a reason and parties present evidence for a reason. A judge should listen carefully, read carefully, and decide carefully.

That is the kind of temperament the Probate Court requires.