Legal Definitions - extrajudicial opinion

An extrajudicial opinion refers to a statement or view expressed by a judge on a legal matter that is made outside of their official duties in a specific court case. Unlike a judicial opinion, which is a formal, binding decision issued by a court as part of a case, an extrajudicial opinion is a personal commentary or observation. It does not carry the force of law, is not part of a court's official record, and does not establish legal precedent.

Here are some examples to illustrate this concept:

• Example 1: Law School Lecture

  A Supreme Court justice is invited to give a keynote address at a prestigious law school's annual symposium. During their speech, the justice shares their personal reflections on the evolving interpretation of constitutional rights in the digital age, offering insights into potential future legal challenges. These comments are not related to any specific case currently before the Supreme Court.

  This is an extrajudicial opinion because the justice is expressing personal views and observations on legal topics in an academic setting, separate from their role in deciding a particular case. Their statements, while influential, do not constitute a legal ruling or create binding precedent.

• Example 2: Published Article

  A federal district court judge publishes an article in a legal journal, advocating for specific reforms to the federal sentencing guidelines for non-violent drug offenses. The article details the judge's personal experiences and observations from years on the bench, suggesting ways the law could be improved.

  This constitutes an extrajudicial opinion because the judge is offering a personal perspective and policy recommendation in a publication, rather than issuing a decision or interpretation of law within a case they are presiding over. The article's content does not legally bind other courts or establish new law.

• Example 3: Media Interview on Legal Trends

  During a television interview about broader trends in criminal justice, a retired appellate court judge is asked for their thoughts on the effectiveness of recent legislative changes aimed at reducing recidivism. The judge offers their personal assessment, drawing on their past experience and general legal knowledge.

  Even though the judge has a legal background and is discussing a legal topic, their comments are an extrajudicial opinion. They are speaking as an individual, sharing personal insights and not rendering a judgment or interpreting law in the context of an active legal dispute. Their statements carry no legal authority.