The powers, functions, method of appointment, discipline, and training of judges vary widely across differentjurisdictions. In some jurisdictions, the judge's powers may be shared with ajury. Ininquisitorial systems ofcriminal investigation, a judge might also be anexamining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.
The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military, or judicial officials to carry out searches, arrests, imprisonments, garnishments, detentions, seizures, deportations, and similar actions. However, judges also supervise trial procedures to ensure consistency and impartiality and to prevent arbitrariness. A judge’s powers are checked by higher courts, such as courts of appeal and supreme courts.
The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In anadversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while the prosecution and the defense present their case to ajury, often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issuesummary judgments without proceeding to a jury trial. In aninquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder is the judge, who will do the presiding, judging and sentencing on their own. As such, the judge is expected to apply the law directly, as in the French expressionLe juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate.
Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in a panel. In some civil law systems, this panel may includelay judges. Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted bylaw clerks,referendaries and notaries in legal cases and bybailiffs or similar with security.
There are both volunteer and professional judges. A volunteer judge, such as an Englishmagistrate, is not required to have legal training and is unpaid.[1] Whereas, a professional judge is required to belegally educated; in the U.S., this generally requires a degree ofJuris Doctor. Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experiencedattorneys. Judges are often appointed by thehead of state. However in some jurisdictions, judges are elected in a political election.[2]
Impartiality is often considered important forrule of law. Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership.
Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess a thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity.[3] Judges are required to havegood moral character, i.e. there must be no history of crime. Professional judges often enjoy a high salary, in the U.S. the median salary of judges is $101,690 per annum,[3] and federal judges earn $208,000–$267,000 per annum.[4]
In manycivil law countries in Europe the majority of judges are women: in 6 countries (Slovenia,Serbia,Latvia,Luxembourg,Greece andHungary) women make more than 70% of judges of the first instance. In contrast, incommon law countries (UK,Ireland,Malta and the United States) the situation is reverse: over 70% of judges of the first instance are men.[5]
On the other hand, women are underrepresented in the supreme courts of the United States andEuropean Union member-states, except for in Romania, where over 80% of the judges of theHigh Court of Cassation and Justice are women.[5]
In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached.[6] The death ofRuth Bader Ginsburg in the office in 2020 and suspension ofPauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require aconstitutional amendment and is unlikely to be implemented soon.[7]
States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by theSCOTUS in its 1991 decisionGregory v. Ashcroft. As of 2015, 33 States and the District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 inVermont).[8][9]
A 2020 study by theNational Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that the individual authorities should decide on the specific age for themselves.[10]
A variety of traditions have become associated with the rank or occupation.Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear longrobes (often in black or red) and sit on an elevated platform during trials (known as the bench).
American judges frequently wear black robes. American judges have ceremonialgavels, although American judges have court deputies or bailiffs andcontempt of court power as their main devices to maintain decorum in the courtroom. However, in some of theWestern United States, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members ofstate supreme courts, such as theMaryland Supreme Court wear distinct dress. In Italy andPortugal, both judges and lawyers wear particular black robes.
In some countries, especially in theCommonwealth of Nations, judges wearwigs. The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to abarrister's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts.[11]
InOman, the judge wears a long stripe (red, green white), while the attorneys wear the black gown.
InHong Kong, court proceedings are conducted in either English orHong Kong Cantonese (a dialect ofYue Chinese). Judges of Hong Kong retain many of the English traditions such as wearing wigs and robes in trials.
In the lower courts, magistrates are addressed asYour worship, and district court judges asYour Honour.
In writing, the post-nominal lettersPJ is used to refer to a permanent judge of the Court of Final Appeal andNPJ to a non-permanent judge. In the High Court, the abbreviationJA is used to denote a justice of appeal, and the letterJ refers to a judge of the Court of First Instance.
When trials are conducted in Chinese, judges were addressed, in Cantonese, asFat Goon Dai Yan (Hong Kong Cantonese:法官大人,romanized: faat3 gun1 daai6 jan4,lit. 'Judge, your lordship') before the transfer of sovereignty from the United Kingdom to China, and asFat Goon Gok Ha (Hong Kong Cantonese:法官閣下,romanized: faat3 gun1 gok3 haa6,lit. 'Judge, your honour') since 1997.Fat Goon (Hong Kong Cantonese:法官,romanized: faat gun1,lit. 'Judge') means the word "judge".
These drawings were taken from life in 1758. From left to right, top row: 1. Interpreter, Rhowangee Sewagee. 2. Judge of the Hindoo Law, Antoba Crustnagee Pundit. 3. Hindoo Officer, Lellather Chatta Bhutt. From left to right, bottom row: 4. Officer to the Mooremen, Mahmoud Ackram of the Codjee order or priesthood of the cast of Moormens. 5. Judge of the Mohomedan Law, Cajee Husson. 6. Haveldar, or summoning Officer, Mahmound Ismael'.
In India, judges of the Supreme Court and the High Courts were addressed asYour Lordship orMy Lord andYour Ladyship orMy Lady, a tradition directly attributable to England. TheBar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in theAdvocates Act. As per the rule, lawyers can address the court asYour Honour and refer to it asHonourable Court. If it is a subordinate court, lawyers can use terms such assir or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such asMy Lord andYour Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper.
However, in an unprecedented move in October 2009, one of the judges ofMadras HC, Justice K Chandru had banned lawyers from addressing his court asMy Lord andYour Lordship.
In Israel, the judges (Hebrew:שופט,romanized: shofét,lit. 'judge') of all courts are addressed asSir,Madam (Hebrew:אדוני/גבירתי,romanized: adoni/geverti) orYour Honor (Hebrew:כבודו/כבודה,romanized: kevodo/kevoda). Typically after every naming you will hearhaShofét, meaning "the judge" after the respective address. For example,Your Honor the Judge would beכבוד השופט (kevod haShofét).
In Pakistan, judges of the Supreme Court and the High Courts are addressed asYour Lordship orMy Lord orLordship andYour Ladyship orMy Lady, a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed assir,madam or theUrdu equivalentJanab orJudge Sahab.
InSri Lanka, judges of most courts are addressed asYour Honour; however, theChief Justice is addressed asYour Lordship. Judges of theSupreme Court and the Appeal Court receives the titleThe Honourable.[citation needed]
InBulgaria before 1989, during the communist regime, judges were addressed asdrugarju (Bulgarian:другарю,lit. 'comrade').[12] After 1989,gospodín sŭdiya (Bulgarian:господин съдия,lit. 'mister judge') orgospožo sŭdiya (Bulgarian:госпожо съдия,lit. 'madam judge') are used.
There is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed asherra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts.[13]
In a district court (käräjäoikeus), ordinary judges work with the titlekäräjätuomari and the chairman islaamanni (lawspeaker). They are assisted by notaries (notaari), assessors (asessori) and referendaries (viskaali) who may sometimes even chair sessions. In appeals courts (hovioikeus) an ordinary judge has the titlehovioikeudenneuvos, the chairman of a section ishovioikeudenlaamanni and the court is led by apresidentti. In the Supreme Court, judges are titledoikeusneuvos and the court is led by apresidentti.
In France, the presiding judge of a court is addressed asMonsieur le président orMadame le président, whilst associated judges are addressed asMonsieur l'Assesseur orMadame l'Assesseur. Out of the courtroom, judges are referred to asMonsieur le juge orMadame le juge.
In Germany, judges are addressed asHerr Vorsitzender orFrau Vorsitzende, which translate as "Mister Chairman" and "Madam Chairwoman", or asHohes Gericht, which translates as "High Court".
The male presiding judge of a court is addressed astisztelt bíró úr, which means "Honourable Mister Judge" and a female presiding judge is addressed astisztelt bírónő, which means "Honourable Madam Judge". The court as a body can be addressed astisztelt bíróság, which means "Honourable Court".
Judges of theSupreme Court,Court of Appeal, orHigh Court are officially titledThe Honourable Mr/Mrs/Ms/Miss Justice Surname (Irish:An Breitheamh Onórach Uasal [surname]), and informally referred to for short asMr/Mrs/Ms/Miss Justice Surname. In court, they are addressed either by their respective titles or styles, asThe Court (An Chúirt), or simplyJudge (A Bhreithimh).[14] Inlaw reports, theChief Justice of Ireland has the postnominalCJ, the Presidents of the other Courts have the postnominalP, and all other judgesJ, e.g.Smith J.
Judges of theCircuit Court are titledHis/Her Honour Judge Surname and are addressed in Court asJudge. Before 2006, they were addressed asMy Lord (A thiarna) .
Judges of theDistrict Court are titledJudge Surname and addressed in Court asJudge. Before 1991 these judges were known as District Justices and addressed asYour Worship (d'Onóra).
In Italy, the presiding judge of a court is addressed asSignor/Signora presidente della corte (Sir/Madame president of the court) orVostro Onore (Your Honour).
In theNetherlands, presiding judges of either sex are, in writing only, addressededelachtbare ("Your Honour") for judges in the Court of First Instance,edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal andedelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court).
InPortugal, presiding judges during trial are addressed asMeretíssimo Juiz when a man orMeretíssima Juíza when a woman (meaning "Most Worthy Judge") or asVossa Excelência ("Your Excellency") when not specifying gender.
In Russia,Vasha Chest (Russian:Ваша Честь,lit. 'Your Honour') is used for criminal cases only with the one judge presiding.[16] For civil, commercial and criminal cases presided over by a panel of judges the right address isHonorable Court.[16][17][18]
In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" (Su Señoría); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" (Vuestra Señoría Excelentísima orExcelentísimo Señor/Excelentísima Señora); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" (Vuestra Señoría Ilustrísima orIlustrísimo Señor/Ilustrísima Señora); simple judges are always called "Your Lordship".
In Sweden, the presiding judge of a court is traditionally addressed asHerr Ordförande orFru Ordförande, which translate as "Mister Chairman" and "Madam Chairwoman".
In theCourts of England and Wales,Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady".[19] Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In the law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experiencedbarristers orsolicitors are usually appointed as judges.
Judges of theHigh Court andCourt of Appeal areaddressed (when sitting in those courts) as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship".
Judges of the Court of Appeal, also calledLords Justice of Appeal, are referred to as "Lord Justice N" or "Lady Justice N". In legal writing, Lords Justices of Appeal are afforded the post nominal letters "LJ": for example, Smith LJ.
When aJustice of the High Court who is not present is being referred to they aredescribed as "Mr./Mrs./Ms. JusticeN." In legal writing, the post-nominal letter "J" is used to denote a Justice (male or female) of the High Court; for example, a Justice Smith is referred to as Smith J.[20] Unlike American English, no comma is used to offset the letter J from the Justice's name.[20] The full stop after the preceding examples terminates the sentence, not the abbreviation, and the abbreviation can be used mid-sentence in prose in formal legal writing.[20]Masters of theHigh Court are addressed as "Master".Insolvency and Companies Court judges in the High Court are addressed as "Judge".
Circuit judges andrecorders are addressed as "Your Honour". Circuit judges are referred to as "His/Her Honour Judge N". In writing, this title is occasionally abbreviated as "HHJ" or "HH Judge N", but not in legal writing.District judges andtribunal judges are addressed as "Judge".
Magistrates are usually still addressed as "Your Worship" in much of England. Magistrates are also addressed as "Sir/Madam".
The judicial system ofNorthern Ireland is very similar to that of England and Wales, and superior court judges are addressed the same way as those in England and Wales. However, there are a few differences at the lower levels.
In Northern Ireland, the equivalent to a circuit judge is acounty court judge, and they are addressed and titled the same way as a circuit judge is in England and Wales. The senior county court judges assigned to the county court divisions ofBelfast andDerry have the titles ofRecorder of Belfast and Recorder of Londonderry (or Derry) respectively, but are addressed the same as other county court judges. A district judge sitting in the County Court is addressed as "Your Honour".
A district judge (magistrates' court) is addressed as "Your Worship". A lay magistrate, in cases where they are present, is also addressed as "Your Worship", and may use the post-nominals "LM", e.g. "John Smith LM".[21]
In general, Canadian judges may be addressed directly, depending on the province, as "My Lord", "My Lady", "Your Honour" or "Justice" and are formally referred to in the third person as "The Honourable Mr. (or Madam) Justice 'Forename Surname'". Less formally, judges of a Superior Court are referred to as "Justice 'Surname'", not as "Judge 'Surname.'" When referred to in a decision of a court, judges' titles are often abbreviated to the suffix "J.", so that Justice Smith will be referred to as Smith J. Judges in some superior courts are addressed as "My Lord" or "My Lady".[22] InOntario, judges are rarely referred to as "My Lord" or "My Lady", but only as "Your Honour" at theOntario Superior Court of Justice.[23] Formerly, translations of these titles such asVotre Honneur ("your honour") orVotre Seigneurie ("your lordship") were used in French; today, onlyMonsieur le juge andMadame la juge are officially used. Both the titles "judge" and "justice" are translatedjuge.
Generally, it is only appropriate to use the term "judge" when speaking of an anonymous or general position, such as "the trial judge", or when referring to a member of an inferior or provincial court such as the Ontario Court of Justice. The exception isCitizenship Judges who are referred to only as "Judge 'Surname'" in accordance with their appointment as independent decision makers of theCitizenship Commission.
Like other members of the Commonwealth, ajustice of the peace is addressed as "Your Worship", and aMaster of a Superior Court is referred to as "Master". As of December 7, 2018, Ontario Court Masters are addressed in English as "Your Honour" and in French as "Votre Honneur" and no longer as "Master".
In manystates throughout the United States, a judge is addressed as "Your Honor" or "Judge" when presiding over the court. "Judge" may be more commonly used by attorneys and staff, while either may be commonly used by the plaintiff or defendant. Notably, theSuperior Court of Los Angeles County, the largest unified trial court in the United States, has a rule that the judge shall be addressed only as "Your Honor" while in court, and never as "Judge", "Judge (name)", "ma'am", or "sir".[24] This is somewhat unusual as "Judge" and "Judge (name)" or similar forms of address are considered appropriate and respectful in many other courts.
The judges of theSupreme Court of the United States, and the judges of thesupreme courts of severalU.S. states and other countries are called "justices". Justices of theSupreme Court of the United States and Justices of other courts are addressed as "Justice (name)". The Chief Justice of the United States is formally addressed as "Mr. or Madam Chief Justice" but also may be identified and addressed as "Chief Justice (name)".
Regardless of the specific term employed (judge or justice), the formal title is reduced to the postnominal abbreviation "J." incase citations and certaincase lawreporters when it is necessary to identify the author of a cited opinion.[20] InAmerican English, the postnominal "J." is always divided from the judge's name by a comma and a space, so that a citation to adissenting opinion by Associate JusticeAntonin Scalia would warn that the cited opinion is not the majority opinion with the parenthetical notation "Scalia, J., dissenting".[20] The plural form is JJ.[20] Unlike British English, this abbreviation style is used only in case citations, and is not used mid-sentence in regular prose (as distinguished from case citations dropped into sentences as parentheticals).[20] Thus, a prose sentence discussing the actual contents of a dissenting opinion right before a case citation to that opinion would refer to the reasoning of "Justice Scalia", not "Scalia, J."[20]
The justices of the supreme courts usually hold higher offices than any other judges in a jurisdiction, including ajustice of the peace, a judge who holds police court in somejurisdictions and who may also trysmall claims andmisdemeanors. However, theState of New York inverts this usual order. The initial trial court in this state is called the Supreme Court of New York, and its judges are called "justices". The next highest appellate court is the Supreme Court, Appellate Division, whose judges are also called "justices". However, the highest court in New York is called the New York Court of Appeals, whose members are called "judges".
Judges in certain jurisdictions, such as New York and New Jersey, who deal with guardianships, trusts and estates are known as "surrogates".
Asenior judge, in American practice, is a retired judge who handles selected cases for a governmental entity while in retirement, on apart-time basis.
Subordinate or inferior jurisdiction judges in American legal practice are sometimes calledmagistrates, although in the federal judiciary of the United States, they are calledmagistrate judges. Subordinate judges in American legal practice who are appointed on anad hoc case-by-case basis, particularly in cases where a great deal of detailed and tedious evidence must be reviewed, are often called "masters" or "special masters".
Judges of courts of specialized jurisdiction (such asbankruptcy courts orjuvenile courts) were sometimes known officially as "referees", but the use of this title is in decline. Judges sitting in courts of equity incommon law systems (such as judges in the equity courts ofDelaware) are called "chancellors".
Individuals with judicial responsibilities who report to an executive branch official, rather than being a part of the judiciary, are often called "administrative law judges" (ALJs) in American practice. Historically, such officials were previously known as hearing examiners or referees before American English settled on the ALJ title. They commonly make initial determinations regarding matters such asworkers' compensation, eligibility for government benefits, regulatory matters, and immigration determinations.
Judges who derive their authority from a contractual agreement of the parties to a dispute, rather than a governmental body, are calledarbitrators. They typically do not receive the honorific forms of address nor do they bear the symbolic trappings of a publicly appointed judge. However, it is now common for many retired judges to serve as arbitrators, and they will often write their names as if they were still judges, with the parenthetical "(Ret.)" for "Retired".
Unlike many civil law countries which have some courts on which panels of judges with nearly equal status composed of both legally trained professional judges and lay judges who lack legal training and are not career judges, the United States legal system (like most Anglo-American legal systems) makes a clear distinction between professional judges and laypeople involved in deciding a case who are jurors who are part of ajury. Most but not all American judges have professional credentials as lawyers. Non-lawyer judges in the United States are often elected and are typically either justices of the peace or part-time judges in rural limited jurisdictioncourts. A non-lawyer judge typically has the same rights and responsibilities as a lawyer who is a judge holding the same office and is addressed in the same manner.
InAustralia judges and, since 2007, magistrates, of all jurisdictions including theHigh Court of Australia are now addressed as "Your Honour". In legal contexts, they are referred to as "His/Her Honour" and "the Honourable Justice Surname" (for judges of superior courts) or "his/her Honour Judge Surname" (for inferior courts). Outside legal contexts, the formal terms of address are "Judge" (for puisne justices) or "Chief Justice" (for chief justices).
The title for most puisne judges is "Justice", which is abbreviated in law reports to a postnominal "J", in the form "Surname J". Chief Justices of the High Court and of state Supreme Courts are titled "Chief Justice", which is abbreviated in law reports to a postnomial "CJ". Judges in State Supreme Courts with a separate Court of Appeal division (New South Wales, Victoria, Queensland and Western Australia) are referred to as Justices/Judges of the Appeal (abbreviated "Surname JA"), while the President of the Court of Appeal is referred to as "President" (abbreviated "Surname P").[25]
InBrazil, judges are simply called "Juiz" or "Juíza" (male and female forms of "judge") and traditionally addressed to as "Vossa Excelência" (lit.'Your Excellency', translated as 'Your Honor') or "Meritíssimo" ('Honorable', but it is used as a pronoun also translated as 'Your Honor'). Judges that are part of a panel in a State Court, or Federal Court are called "desembargadores". Judges sitting in the higher courts (Supremo Tribunal Federal,Superior Tribunal de Justiça,Tribunal Superior do Trabalho, Superior Tribunal Militar andTribunal Superior Eleitoral) are called "ministro" or "ministra" (male and female forms of "minister") and also referred to as "Vossa Excelência".
^William E. Raftery, Increasing or Repealing Mandatory Judicial Retirement Ages, NAT’L CTR. FOR STATE CTS.,https://www.ncsc.org/sitecore/content/microsites/[permanent dead link]trends/home/monthly-trends-articles/2016/increasing-or-repealing-mandatory-judicialretirement-ages.aspx (last visited Feb. 27, 2020).
