Bench (law)

Lore & Background

The term "bench" in a legal context has several distinct meanings, all rooted in the physical history of courtrooms. Historically, judges presided while seated on long, freestanding benches or those set against a wall. This seating arrangement evolved into the modern bench, which is an elevated desk area. This elevation allows the judge to have a clear view of the entire courtroom and, in turn, to be seen by all present. A notable historical example of this feature can be found in the courts of the Order of St. John in Malta, such as the Castellania, where both judges and the nominated College of Advocates used such benches for court cases and the review of laws.

Beyond its physical meaning, "bench" serves as a metonym. It can refer collectively to all members of a judiciary or to the judges of a specific court, as seen in the King's Bench or Common Bench in England and Wales, or the federal bench in the United States. The term also distinguishes judges, known as "the bench," from attorneys or barristers, who are collectively called "the bar." The combined phrase "bench and bar" therefore encompasses all judges and lawyers. When all judges of a particular court sit together to hear a single case, the proceeding is described as being "before the full bench."

Reader's Guide

The term 'bench' serves multiple functions in legal discourse. As a physical object, it denotes the elevated desk where a judge presides, ensuring visibility and authority in the courtroom. As a metonym, it represents the judiciary collectively—for example, the King's Bench or Common Bench in England and Wales, or the federal bench in the United States. This usage allows for concise reference to the judicial branch or a specific court's judges. The distinction between 'bench' and 'bar' is fundamental in legal practice, separating judges from attorneys or barristers. The phrase 'bench and bar' encompasses all legal professionals. The concept of a 'full bench' (or en banc) highlights when all judges of a court hear a case together, emphasizing collective decision-making. The historical origin of judges sitting on benches underscores the term's enduring connection to the physical and symbolic authority of the judiciary.

Did You Know?

• The term 'bench' can simply indicate the location in a courtroom where a judge sits.
• The phrase 'bench and bar' denotes all judges and lawyers collectively.
• A 'full bench' is also referred to as en banc.
• The bench was a typical feature of the courts of the Order of St. John in Malta, such as at the Castellania.