In principle, do judges view themselves as referees where they interpret what the law says or do they view themselves as CEOs where they decide what the law ought to be?
Trial judges do not make law. They are bound by what the law tells them to do under the circumstances as established by the proof and by other credible, relevant evidence. Where the law and the facts and the relevant evidence don’t dictate to what should be done, judges then exercise their judgment (their “discretion”, as it is known in legal parlance) to decide the issue.
So judges are more like referees than executives.
Utah Family Law, LC | divorceutah.com | 801-466-9277