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Hastings Law Journal

Abstract

Judge Brunetti responds to the lack of writings discussing the trial judge's methods of decision-making in a situation where the judge must determine issues of both fact and law, as in any hearing or bench trial, by arguing for disclosure by judges of methods of decision making, and by suggesting specific techniques. In Part I, he posits that knowledge of the methods would be of enormous help to the litigator and litigant alike. The openness that comes with disclosure would foster consistency and fairness in the decision-making process, and add to the legitimacy of the judicial system in the public eye. In Part II, Judge Brunetti discusses certain methods of decision- making designed to enhance transparency and fairness during the adjudication of a matter. Judge Brunetti concludes by calling for more disclosure of methods for successful fact-finding and decisionmaking by the judiciary, in the hopes of realizing the aspirations set forth in Part I.

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