Legal Definitions - approach the bench

The legal term "approach the bench" refers to a lawyer's request to move from their designated table in the courtroom to the area directly in front of the judge's elevated desk (known as the "bench"). This action is taken to have a private conversation with the judge, often out of the hearing of the jury or the public gallery.

Permission from the judge is always required, typically by an attorney asking, "May I approach?" If granted, lawyers for all parties involved in the discussion must be present to ensure fairness and transparency in the proceedings, even when the conversation is not part of the public record.

Here are a few examples of when an attorney might "approach the bench":

• Discussing Sensitive Evidence: During a criminal trial, the prosecutor plans to introduce a piece of evidence that the defense attorney believes is highly prejudicial and potentially inadmissible. Before the evidence is presented or even mentioned in front of the jury, the defense attorney might ask to approach the bench to argue its admissibility privately with the judge. This prevents the jury from being exposed to information they might later be instructed to disregard, which can be difficult to do.

  This example illustrates approaching the bench to address a critical legal question (the admissibility of evidence) in a way that shields the jury from potentially improper or inflammatory information, ensuring a fair trial process.

• Addressing a Logistical Issue: In a complex civil trial, a key expert witness for one of the parties unexpectedly falls ill and cannot appear in court as scheduled. The attorney representing that party would ask to approach the bench to inform the judge of this unforeseen logistical problem and discuss options for rescheduling the witness's testimony or adjusting the trial timeline, without disrupting the jury's focus or publicly announcing the witness's absence before a solution is determined.

  This demonstrates approaching the bench to handle a practical, procedural matter that requires the judge's immediate attention and decision, but is not directly related to the facts the jury needs to consider.

• Updating on Settlement Progress: In a civil lawsuit, the attorneys for both sides have been engaged in intense settlement negotiations during a lunch recess. They've reached a tentative agreement but need a brief moment to inform the judge of the potential resolution and perhaps request a short delay to finalize the paperwork. They would approach the bench to provide this update discreetly, avoiding public disclosure of the negotiation details while keeping the court informed of the case's status.

  This example shows approaching the bench to provide a private update to the judge on the status of the case (potential settlement), which affects the court's schedule and future proceedings but is not part of the public trial record.