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May a Judge Render a Scientific Opinion Without Expert Advice?

By Lynne Z. Gold-Bikin

As family law attorneys, we recognize the power of the bench and acknowledge that judges control the courtroom, advise us how to settle our issues in conference, and decide our cases after hearing. Judges determine credibility by observing each witness, listening to their testimony and weighing it against other credible evidence (unless it is a jury trial, which is almost non-existent in family law cases). It is up to the trial judge to determine what evidence is relevant and admissible.

Ultimately, the court is expected to render its decisions based on the questions presented by the opposing sides. But what if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania's Allegheny County Court of Common Pleas did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a “severe undiagnosed and untreated mental illness.” This pronouncement led to an appeal, which is now pending before the Pennsylvania Supreme Court.

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