Role of the Judiciary

Judges serve the public by using their legal skills and knowledge to impartially interpret and apply the laws and constitution to resolve cases.  Their day-to-day duties may vary depending on the type of judge and the type of case under consideration.  For information about the different types of judges in Iowa see the topic "structure" under the heading "About the Courts."

In all types of cases, a judge serves as a referee.  In this capacity, a judge rules on issues under dispute such as the admissibility of evidence.  In some types of cases, a judge, rather than a jury, always serves as the fact-finder.  These cases include juvenile and probate matters, domestic relations cases, and small claims.  A judge also serves as the fact-finder in a civil case in which the plaintiff does not request a jury and a criminal case in which the defendant does not request a jury. 

Common Misconceptions

Here are some common misconceptions about the role of judges. 

For instance, some people mistakenly believe that judges have the authority to investigate alleged criminal activity and file criminal charges.  Law enforcement officers investigate criminal activity.  Prosecutors make decisions about whether or not to file a criminal charge against a person.   

Contrary to what some people believe, judges do not control other government officials such as the county attorney or the sheriff.  Both the sheriff and the county attorney are independent elected local officials.  Although the supreme court supervises the licensing of lawyers in this state, including lawyers who serve as county attorneys, it does not have the power to make a county attorney file a particular criminal charge. 

Another misconception involves the enforcement of court orders.  Judges do not initiate actions to enforce court orders such as child support orders or other civil judgments.  It is up to a party in a case to initiate an action to enforce an order and to collect a judgment.

Another common misconception has to do with how judges make decisions.  Some people mistakenly believe that judges make decisions based upon a personal sense of what they believe to be fair under the circumstances of a case.  While a judge must always be fair in the sense of remaining impartial at all times, judicial decisions must be based upon the application of the law to the facts admitted into evidence.  Sometimes the application of the law leads to outcomes that some people would characterize as "unfair."  Nevertheless, judges are bound to follow the law.