Legal Definitions - at bench

The term "at bench" refers to the judge or judges actively presiding over a court proceeding. It signifies that the court is formally in session with the judicial officer(s) present and exercising their official authority to hear arguments, make rulings, or conduct other judicial business.

Here are some examples to illustrate this concept:

• Example 1: Jury Trial
  During a high-profile criminal trial, the judge called the court to order, and the jury was brought in. Throughout the day, the judge listened to witness testimony, ruled on objections from the attorneys, and provided instructions to the jury.

  Explanation: In this scenario, the judge was "at bench" for the entire duration of the proceedings. They were physically present in the courtroom, actively presiding over the trial, and exercising their judicial authority to manage the case and ensure legal protocols were followed.

• Example 2: Motion Hearing
  Before a civil lawsuit went to trial, the attorneys for both sides appeared before a judge to argue a motion to dismiss part of the case. The judge listened intently to each lawyer's arguments and then issued a decision from the bench.

  Explanation: The judge was "at bench" during this motion hearing. They were formally presiding over a specific segment of the legal process, hearing arguments, and making a judicial determination, which is a core function performed while "at bench."

• Example 3: Appellate Court Session
  A panel of three appellate judges convened to hear oral arguments from lawyers appealing a lower court's decision. Each judge asked questions of the attorneys from their elevated positions in the courtroom.

  Explanation: All three judges were "at bench" during the appellate session. They were collectively presiding over the formal review of the case, exercising their judicial function as a panel to consider the appeal, which is a key aspect of being "at bench."