Do judges have to follow secondary authorities?

• A. Yes, always
• B. No, they are not the law and do not have to be followed
• C. Only in appellate courts
• D. Only if a court prescribes them

Answer: (B)

Secondary authorities are persuasive, not binding, for judges. While judges must follow the Constitution, statutes, and the binding rulings of higher courts, they may look to treatises, law review articles, and Restatements to clarify, interpret, or predict how the law should be applied. A secondary authority can help explain a rule or provide a well-reasoned framework, but a judge is not obligated to adopt it if the binding authority disagrees or courts reach a different conclusion. The weight given to these sources varies with credibility and jurisdiction, and a court can rely on them without being required to treat them as controlling. So, they are not universally followed, not restricted only to appellate courts, and not binding merely because a court mentions them.