Legal Definitions - rent-a-judging

Rent-a-judging is an informal term for a legal process more formally known as private judging. This occurs when parties involved in a legal dispute agree to hire a retired judge or a qualified attorney to preside over their case outside of the traditional public court system. The private judge hears evidence, considers arguments, and renders a decision, much like a judge in a public court. This decision is often binding, meaning the parties must abide by it, and it can sometimes be entered as a judgment in a public court.

The primary motivations for choosing private judging often include greater speed, flexibility in scheduling, enhanced privacy, and the ability to select a judge with specific expertise relevant to the dispute. However, unlike public courts, the parties are responsible for the private judge's fees.

• Example 1: Complex Business Dispute

  Two large corporations are embroiled in a dispute over a multi-million dollar breach of contract for a custom software system. Both companies want to resolve the matter quickly to minimize business disruption and prevent sensitive financial details from becoming public during a lengthy court trial. Instead of waiting years for a public court date, they agree to engage a highly respected retired commercial court judge to hear their case privately. They jointly pay the judge's substantial fees, and the judge conducts a series of hearings in a private conference room, ultimately issuing a binding decision on liability and damages.

  This illustrates rent-a-judging because the corporations chose to "rent" the services of a private judge to resolve their dispute outside the public court system, prioritizing speed, confidentiality, and the selection of a judge with specific expertise in commercial law.

• Example 2: High-Profile Divorce Settlement

  A well-known celebrity and their spouse are divorcing, involving significant assets, multiple properties, and sensitive personal information. They wish to keep the details of their financial arrangements and private lives out of public court records and avoid the media scrutiny that a public trial would attract. They agree to hire a private judge, a former family court judge renowned for handling complex asset divisions, to oversee their divorce proceedings. The private judge works with their attorneys to set a tailored schedule for hearings and negotiations, ultimately issuing a confidential and binding judgment on asset division, spousal support, and child custody arrangements.

  This is an example of rent-a-judging because the couple opted for a private judge to manage their divorce, seeking confidentiality, control over the timeline, and the expertise of a specific judge, rather than subjecting their private affairs to the public court system.

• Example 3: Specialized Intellectual Property Case

  A pharmaceutical startup accuses a larger competitor of infringing on its patented drug delivery technology. The technical details are extraordinarily complex, requiring a deep understanding of biochemistry and patent law. The startup fears that a generalist public court judge might not fully grasp the scientific nuances, potentially leading to an unfavorable or prolonged outcome. Both parties agree to use a private judge who has a background in intellectual property law and a Ph.D. in chemistry. This private judge presides over the case, including extensive expert testimony and technical presentations, and delivers a binding decision on the patent infringement claim.

  This demonstrates rent-a-judging as the parties specifically sought out a private judge with specialized expertise in intellectual property and science to ensure a more informed and efficient resolution of their highly technical dispute, bypassing the generalist public court system.