Functions
The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialties. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detrainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of a judge are checked by higher courts such as appeals courts 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 varies between legal systems. In an adversarial 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 a jury, often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial 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 his own. As such, the judge is expected to apply the law directly, as in the French expression ''Le juge est la bouche de la loi'' ("The judge is the mouth of the law"). Furthermore, in some system even investigation 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 include lay 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 by law clerks, Referendary, referendaries and notaries in legal cases and by bailiffs or similar with security.Requirements and appointment
There are both volunteer and professional judges. A volunteer judge, such as an English Magistrate (England and Wales), magistrate, is not required to have legal training and is unpaid. Whereas, a professional judge is required to be Legal education, legally educated; in the U.S., this generally requires a degree of Juris Doctor. Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced Attorney at law, attorneys. Judges are often appointed by the head of state. In some U.S. jurisdictions, however, judges are elected in a political election. Impartiality is often considered important for rule 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.Judge as an occupation
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. Judges are required to have good 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, and federal judges earn $208,000–$267,000 per annum.Symbols of office
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 long robes (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 ceremonial gavels, although American judges have court deputies or bailiffs and ''contempt of court'' power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts, such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal, both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations, judges wear Wig (hair), wigs. 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 a barrister's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman, the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire, the judges used to carry a staff that was red for ordinary judges and white for the Juiz de fora (office), judges from the outside.Titles and forms of address
Asia
Hong Kong
In Hong Kong, court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue 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 as ''Your worship'', and district court judges as ''Your Honour''. In the superior courts of record, namely the Court of Final Appeal (Hong Kong), Court of Final Appeal and the High Court (Hong Kong), High Court (which consists of the Court of Appeal (Hong Kong), Court of Appeal and the Court of First Instance (Hong Kong), Court of First Instance), judges are addressed as ''My Lord'' or ''My Lady'' and referred to as ''Your Lordship'' or ''Your Ladyship'', following the English tradition. In writing, the post-nominal letters ''PJ'' is used to refer to a permanent judge of the Court of Final Appeal and ''NPJ'' to a non-permanent judge. In the High Court, the abbreviation ''JA'' is used to denote a justice of appeal, and the letter ''J'' refers to a judge of the Court of First Instance. Master (judiciary), Masters of the High Court are addressed as ''Master''. When trials are conducted in Chinese, judges were addressed, in Cantonese, as ''Fat Goon Dai Yan'' () before the transfer of sovereignty from the United Kingdom to China, and as ''Fat Goon Gok Ha'' () since 1997. ''Fat Goon'' () means the word "judge".India
Israel
In Israel, the judges () of all courts are addressed as ''Sir'', ''Madam'' () or ''Your Honor'' (). Typically after every naming you will hear ''haShofét'', meaning "the judge" after the respective address. For example, ''Your Honor the Judge'' would be (''kevod haShofét'').Malaysia
In Malaysia, judges of the subordinate courts are addressed as ''Tuan'' or ''Puan'' ("Sir", "Madam"), or ''Your Honour''. Judges of the superior courts are addressed as ''Yang Arif'' () or ''My Lord'', ''My Lady'', etc.; and ''Your Lordship'' or ''My Ladyship'' if the proceedings, as they generally are in the superior courts, are in English.Pakistan
In Pakistan, judges of the Supreme Court and the high courts are addressed as ''Your Lordship'' or ''My Lord'' or ''Lordship'' and ''Your Ladyship'' or ''My 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 as ''sir'', ''madam'' or the Urdu equivalent ''Janab'' or ''Judge Sahab''.Sri Lanka
In Sri Lanka, judges of most courts are addressed as ''Your Honour'', however the Chief Justice of Sri Lanka, Chief Justice is addressed as ''Your Lordship''. Judges of the Supreme Court of Sri Lanka, Supreme Court and the Appeal Court receives the title ''The Honourable''.Vietnam
Judges in Vietnam are addressed as ' (literally the "Honorable Court").Europe
Bulgaria
In Bulgaria before 1989 during the communist regime, judges were addressed as ''drugarju'' (). After 1989, ''gospodín sŭdiya'' () or ''gospožo sŭdiya'' ().Finland
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 as ''herra/rouva puheenjohtaja'' ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court (''käräjäoikeus''), ordinary judges work with the title ''käräjätuomari'' and the chairman is ''laamanni'' (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 title ''hovioikeudenneuvos'', the chairman of a section is ''hovioikeudenlaamanni'' and the court is led by a ''presidentti''. In the Supreme Court, judges are titled ''oikeusneuvos'' and the court is led by a ''presidentti''.France
In France, the presiding judge of a court is addressed as ''Monsieur le président'' or ''Madame le président'', whilst associated judges are addressed as ''Monsieur l'Assesseur'' or ''Madame l'Assesseur''. Out of the courtroom, judges are referred to as ''Monsieur le juge'' or ''Madame le juge''.Germany
In Germany, judges are addressed as ''Herr Vorsitzender'' or ''Frau Vorsitzende'', which translate as "Mister Chairman" and "Madam Chairwoman", or as ''Hohes Gericht'', which translates as "High Court".Hungary
The male presiding judge of a court is addressed as ''tisztelt bíró úr'', which means "Honourable Mister Judge" and a female presiding judge is addressed as ''tisztelt bírónő'', which means "Honourable Madam Judge". The court as a body can be addressed as ''tisztelt bíróság'', which means "Honourable Court".Ireland
Judges of the Supreme Court (Ireland), Supreme Court, Court of Appeal (Ireland), Court of Appeal, or High Court (Ireland), High Court are officially titled ''The Honourable Mr/Mrs/Ms/Miss Justice Surname'' (), and informally referred to for short as ''Mr/Mrs/Ms/Miss Justice Surname''. In court, they are addressed either by their respective titles or styles, as ''The Court'' (''An Chúirt''), or simply ''Judge'' (''A Bhreithimh''). In law reports, the Chief Justice of Ireland has the postnominal ''CJ'', the Presidents of the other Courts have the postnominal ''P'', and all other judges ''J'', e.g. ''Smith J''. Judges of the Circuit Court (Ireland), Circuit Court are titled ''His/Her Honour Judge Surname'' and are addressed in Court as ''Judge''. Before 2006, they were addressed as ''My Lord'' (''A thiarna'') . Judges of the District Court (Ireland), District Court are titled ''Judge Surname'' and addressed in Court as ''Judge''. Before 1991 these judges were known as District Justices and addressed as ''Your Worship'' (''d'Onóra'').Italy
In Italy, the presiding judge of a court is addressed as ''Signor presidente della corte''.Netherlands
In the Netherlands, presiding judges of either sex are, in writing only, addressed ''edelachtbare'' ("Your Honour") for judges in the Court of First Instance, ''edelgrootachtbare'' ("Your Great Honour") for justices in the Court of Appeal and ''edelhoogachtbare'' ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court).Poland
In Poland, presiding judges of either sex during trial are addressed ''Wysoki Sądzie'' ("High Court").Portugal
In Portugal, presiding judges during trial are addressed as ''Meretíssimo Juiz'' when a man or ''Meretíssima Juíza'' when a woman (meaning "Most Worthy Judge") or as ''Vossa Excelência'' ("Your Excellency") when not specifying gender.Romania
In Romania, judges during trial are addressed as ''Onorata Instanta'' (Your Honor).Russia
In Russia, ''Vasha Chest'' () is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by a panel of judges the right address is ''Honorable Court''.Spain
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'' or ''Excelentísimo Señor''/''Excelentísima Señora''); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" (''Vuestra Señoría Ilustrísima'' or ''Ilustrísimo Señor''/''Ilustrísima Señora''); simple judges are always called "Your Lordship".Sweden
In Sweden, the presiding judge of a court is normally addressed as ''Herr Ordförande'' or ''Fru Ordförande'', which translate as "Mister Chairman" and "Madam Chairwoman".United Kingdom
=England and Wales
= In the Courts of England and Wales, Supreme Court of the United Kingdom, 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". 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 experienced barristers or solicitors are usually appointed as judges. Judges of the High Court and Court of Appeal are Forms of address in the United Kingdom, addressed (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 called Lords 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 a High Court judge (England and Wales), Justice of the High Court who is not present is being referred to they are Mr Justice, described as "Mr./Mrs./Ms. Justice ''N.''" In legal writing, the post-nominal letter "J" is used to denote a Justice (male or female) of the High Court: for example, Smith J. Master (judiciary), Masters of the EWHC, High Court are addressed as "Master". Insolvency and Companies Court judges in the High Court are addressed as "Judge". Circuit judge (UK), Circuit judges and Recorder (judge), recorders 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 judge (magistrates courts), District judges and tribunal judges are addressed as "Sir/Madam". Magistrates' court (England and Wales)#Lay magistrates, Lay magistrates are sometimes still addressed as "Your Worship" in much of England. Lay magistrates are also addressed as "Sir/Madam".=Scotland
= In the Courts of Scotland judges in the Court of Session, High Court of Justiciary and the sheriff courts are all addressed as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship". Justice of the peace, Justices of the peace in justice of the peace courts are addressed and referred to as "Your Honour".=Northern Ireland
= The judicial system of Northern 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 a county 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 of Belfast and Derry have the titles of Recorder 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".North America
Canada
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". In Ontario, judges are rarely referred to as "My Lord" or "My Lady", but only as "Your Honour" at the Ontario Superior Court of Justice. Formerly, translations of these titles such as ''Votre Honneur'' ("your honour") or ''Votre Seigneurie'' ("your lordship") were used in French; today, only ''Monsieur le juge'' and ''Madame la juge'' are officially used. Both the titles "judge" and "justice" are translated ''juge''. 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 is Citizenship Judges who are referred to only as "Judge 'Surname'" in accordance with their appointment as independent decision makers of the Department of Citizenship and Immigration Canada#Citizenship Commission, Citizenship Commission. Like other members of the Commonwealth, a justice of the peace#Canada, justice of the peace is addressed as "Your Worship", and a Master (judiciary)#Canada, Master 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".United States
Oceania
Australia
New Zealand
In New Zealand, judges of the District Court of New Zealand generally referred to as "His/Her Honour" or "Sir/Madame". Judges from the High Court of New Zealand, High Court, Court of Appeal of New Zealand, Appeals Court, and Supreme Court of New Zealand, Supreme Court are referred to as "Justice [Surname]". In social settings, it is appropriate to use "Judge" in all cases.South America
Brazil
International courts
At the International Court of Justice, judges may be addressed by the titles they received in their countries of origin. Judges of the International Criminal Court are referred to as "judge".Biblical and Israeli judges
The biblical Book of Judges revolves around a succession of leaders who were known as Biblical judges, "judges" (Hebrew shoftim שופטים) but who – aside from their judicial function – were also tribal war leaders. The leaders of Ancient Carthage were designated with this title as well. The same word is, however, used in contemporary Israel to denote judges whose function and authority is similar to that in other modern countries. The same word is also used in modern Hebrew for referees in any kind of contest and in particular in sport. To distinguish them from judicial judges and from each other, the kind of the contest is added after the word "shofet" in the Construct state (e.g. "shofet kaduregel" שופט כדורגל, literally "judge of soccer").See also
*Adjudicator *Government by algorithm#AI judges, AI judge *Barrister *Biy *Court dress *Election judge *Judicial deference *Judiciary *Lawyer *Lay judge *List of jurists *Magistrate *Prosecutor *Public defender *SolicitorReferences
External links