What does abuse of discretion mean?
If the Superior Court judge used discretion in making the final decision, then the Supreme Court uses the abuse of discretion standard to review the decision on appeal. Abuse of discretion happens when the Superior Court ruling is arbitrary, unreasonable or absurd because it makes absolutely no sense. For example, a decision where a judge uses discretion is: • in deciding whether a witness can testify • in making rulings on whether evidence is admitted • in deciding which parent should be awarded primary custody in a custody or divorce case • in deciding how the property should be split between the husband and the wife It is difficult to convince the Supreme Court that the Superior Court judge abused his or her discretion in making a decision. Abuse of discretion does not mean a trial or the judge had to be perfect, but it does mean that the judge’s actions were so far out of bounds that someone truly did not get a fair trial. Sometimes on appeal, the Supreme Court finds that the Super
