Questions sometimes arise in criminal cases about whether a new judge may pick up duties initially undertaken by another judge who is no longer available. Consider the following scenarios.
- Trial begins with Judge A presiding. Judge A falls ill on day 3 of trial. May Judge B substitute as the presiding judge?
- Judge A presided over a suppression hearing in December 2024, just before her term expired at the end of the year. Judge A announced her ruling in open court and directed the prevailing party to prepare an order containing findings of fact and conclusions of law. Judge A did not sign the order before her term expired. May Judge B enter an order containing findings of fact and memorializing Judge A’s ruling?
- Judge A also presided over a probation violation hearing in December 2024. She determined that the defendant violated the terms of his probation, and she modified the judgment, announcing her ruling in court. She did not sign the judgment before her term expired. May Judge B sign the judgment memorializing Judge A’s decision?
The answers to the questions posed above are, respectively (1) yes, (2) no, and (3) maybe. Keep reading to learn why.