Bench (law)

Lore & Background

The historical roots of the term 'bench' come from judges formerly having sat on long seats or benches, either freestanding or against a wall, when presiding over a court. The bench is usually an elevated desk area that allows a judge to view and be seen by the entire courtroom. This feature was typical of the courts of the Order of St. John in Malta, such as at the Castellania, where judges and the nominated College of Advocates sat for court cases and review laws.

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.