Legal Definitions - in arbitrium judicis

In arbitrium judicis

This Latin phrase translates to "at the discretion of the judge". It describes situations where a judge has the authority to make a decision based on their own judgment, assessment, or sense of fairness, rather than being strictly dictated by a specific law, rule, or precedent. While judges must always operate within established legal boundaries, "in arbitrium judicis" highlights areas where they have flexibility to consider the unique circumstances of a case and make a ruling they deem appropriate and just.

• Example 1: Setting Bail Conditions

  When an individual is arrested and brought before a court, the judge often has the power to set bail and determine its specific conditions. For instance, if someone is charged with a non-violent offense, the law might provide a broad range for bail—say, from $1,000 to $10,000, or even allow for release on their own recognizance. The judge will consider various factors such as the defendant's flight risk, their ties to the community, their employment status, and any prior criminal history to decide the precise bail amount and any additional requirements, like a curfew or electronic monitoring. This decision is made in arbitrium judicis, as the judge uses their individual judgment to balance public safety with the defendant's rights and circumstances.

• Example 2: Granting a Continuance in a Trial

  During the course of a trial, a lawyer might request a continuance, which is a postponement of the proceedings, because a crucial witness has unexpectedly fallen ill and is unable to testify. While court schedules are typically very strict, the judge has the discretion to grant or deny this request. The judge will weigh the validity and impact of the reason for the delay against the potential disruption to the court's calendar and the rights of the other parties involved. This decision, allowing for a temporary deviation from the planned schedule based on unforeseen circumstances, falls in arbitrium judicis.

• Example 3: Determining Specific Child Visitation Schedules

  In family law cases involving child custody, statutes often mandate that non-custodial parents have "reasonable visitation" with their children. However, the law typically does not specify the exact days, times, or holiday schedules. If the parents cannot agree on a detailed plan themselves, it is up to the judge to determine the precise visitation arrangement. The judge will consider the child's best interests, the parents' work schedules, geographical distances, and the child's school calendar to craft a detailed and practical plan. This detailed structuring of visitation, tailored to the family's unique situation, is made in arbitrium judicis.