A judge is an elected or appointed official who conducts court proceedings in civil disputes (usually involving money or property) and in criminal prosecutions (in which a person or entity has been charged with a crime). Judges must be impartial and strive to properly interpret the meaning and application of the law.
In criminal prosecutions (cases), when a case first comes to the court, the judge must decide whether there is enough evidence to support a reasonable belief that a crime has occurred and also that the person in question committed that crime. If the defendant cannot afford to hire a lawyer, the judge must appoint a lawyer for them. The judge also sets the amount of bail. Once the defendant has an attorney and the bail amount has been set, the defendant enters a plea of guilty or not guilty. The judge must ensure that the plea has been made voluntarily.
The role of a judge during a hearing depends on whether a jury is present. In most serious criminal cases a jury is present and is thus the trier of fact—meaning that the jury looks at the evidence presented to the court and determines what actually happened and whether the defendant is guilty. In these cases, the judge is the trier of law—meaning the judge ensures that everything happening in the courtroom follows the rules of law.
If a party in a civil or criminal case has not requested a jury, or is not entitled to a jury, the judge becomes both the trier of fact and the trier of law. This is more common in civil cases in which there is a relatively small amount of money in dispute—but in criminal cases it happens only if both the state and the defendant agree in writing not to have a jury trial.
Judges may also determine the defendant’s sentence or punishment in criminal cases, and in some civil cases, judges determine the amount of sanctions, penalties, or damages.
In Texas, judges play a crucial role in both civil and criminal court proceedings. They are either elected or appointed to oversee cases, ensuring impartiality and the correct application of the law. In criminal cases, a judge must initially determine if there is sufficient evidence to believe a crime has been committed and that the accused is likely responsible. If the defendant cannot afford an attorney, the judge is responsible for appointing one. The judge also sets bail and confirms that any plea entered by the defendant is made voluntarily. During a trial, the judge's role varies depending on whether a jury is present. With a jury, the judge acts as the trier of law, focusing on legal procedure, while the jury serves as the trier of fact, determining guilt or innocence based on evidence. If there is no jury, which is more common in civil cases or when both parties in a criminal case waive the right to a jury trial, the judge assumes both roles. Additionally, judges in Texas are responsible for sentencing in criminal cases and may determine penalties or damages in civil cases.
