HOME

TheInfoList



OR:

A judge is a
person A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
who presides over
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
proceedings, either alone or as a part of a judicial panel. In an
adversarial system The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of peopl ...
, the judge hears all the
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
es and any other
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
presented by the
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s or solicitors of the case, assesses the credibility and
argument An argument is a series of sentences, statements, or propositions some of which are called premises and one is the conclusion. The purpose of an argument is to give reasons for one's conclusion via justification, explanation, and/or persu ...
s of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s. In some jurisdictions, the judge's powers may be shared with a
jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
. In inquisitorial systems of
criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include Search and seizure, searching, interviews, interrogations, Evidence (law), ...
, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly.


Powers and functions

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 execute searches, arrests, imprisonments, garnishments, detainment, 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 can vary between legal systems. In an
adversarial system The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of peopl ...
(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 A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
, 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 their 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 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 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, 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 The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
, is not required to have legal training and is unpaid. Whereas, a professional judge is required to be 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 attorneys. Judges are often appointed by the
head of state A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
. However in some jurisdictions, judges are elected in a political election. Impartiality is often considered important for
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
. 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.


Gender effects

In many civil law countries in Europe the majority of judges are women: in 6 countries (
Slovenia Slovenia, officially the Republic of Slovenia, is a country in Central Europe. It borders Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the south and southeast, and a short (46.6 km) coastline within the Adriati ...
,
Serbia , image_flag = Flag of Serbia.svg , national_motto = , image_coat = Coat of arms of Serbia.svg , national_anthem = () , image_map = , map_caption = Location of Serbia (gree ...
,
Latvia Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the three Baltic states, along with Estonia to the north and Lithuania to the south. It borders Russia to the east and Belarus to t ...
,
Luxembourg Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
,
Greece Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...
and
Hungary Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
) women make more that 70% of judges of the first instance. In contrast, in
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
countries ( UK,
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
,
Malta Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
and the United States) the situation is reverse: over 70% of judges of the first instance are men.Clearing the Bench: Using Mandatory Retirement to Promote Gender Parity in the U.S. and the EU Judiciaries. 2020. C.C. Goodma On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women).


Age and retirement

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. The death of Ruth Bader Ginsburg in the office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory 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 in Vermont). A 2020 study by the National 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.


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 Supreme Court wear distinct dress. In Italy and
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, both judges and lawyers wear particular black robes. In some countries, especially in the
Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ...
, judges wear 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 A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
'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 Oman, officially the Sultanate of Oman, is a country located on the southeastern coast of the Arabian Peninsula in West Asia and the Middle East. It shares land borders with Saudi Arabia, the United Arab Emirates, and Yemen. Oman’s coastline ...
, 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 Portuguese Empire was a colonial empire that existed between 1415 and 1999. In conjunction with the Spanish Empire, it ushered in the European Age of Discovery. It achieved a global scale, controlling vast portions of the Americas, Africa ...
, the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside.


Titles and forms of address


Asia


Hong Kong

In
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
, court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of
Yue Chinese Yue () is a branch of the Sinitic languages primarily spoken in Northern and southern China, Southern China, particularly in the provinces of Guangdong and Guangxi (collectively known as Liangguang). The term Cantonese is often used to refer ...
). 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 Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
and the 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. 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

In India, judges of the Supreme Court and the High Courts were addressed as ''Your Lordship'' or ''My Lord'' and ''Your Ladyship'' or ''My Lady'', a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act. As per the rule, lawyers can address the court as ''Your Honour'' and refer to it as ''Honourable Court''. If it is a subordinate court, lawyers can use terms such as ''sir'' or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as ''My Lord'' and ''Your 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 of Madras HC, Justice K Chandru had banned lawyers from addressing his court as ''My Lord'' and ''Your Lordship''.


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'').


Kazakh Khanate

Biy - elected judges using adat Zheti Zhargy. The was the highest council, a kind of senate.


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 Urdu (; , , ) is an Indo-Aryan languages, Indo-Aryan language spoken chiefly in South Asia. It is the Languages of Pakistan, national language and ''lingua franca'' of Pakistan. In India, it is an Eighth Schedule to the Constitution of Indi ...
equivalent ''Janab'' or ''Judge Sahab''.


Sri Lanka

In
Sri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
, judges of most courts are addressed as ''Your Honour''; however, the Chief Justice is addressed as ''Your Lordship''. Judges of the Supreme Court and the Appeal Court receives the title ''The Honourable''.


Vietnam

Judges in
Vietnam Vietnam, officially the Socialist Republic of Vietnam (SRV), is a country at the eastern edge of mainland Southeast Asia, with an area of about and a population of over 100 million, making it the world's List of countries and depende ...
are addressed as ' (literally the "Honorable Court").


Europe


Bulgaria

In
Bulgaria Bulgaria, officially the Republic of Bulgaria, is a country in Southeast Europe. It is situated on the eastern portion of the Balkans directly south of the Danube river and west of the Black Sea. Bulgaria is bordered by Greece and Turkey t ...
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,
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
, or 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 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 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/Signora presidente della corte'' (Sir/Madame president of the court) or ''Vostro Onore'' (Your Honour).


Netherlands

In the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, 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 Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, 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 Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to ...
, 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 traditionally 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 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
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s or solicitors are usually appointed as judges. Judges of the High Court and
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
are 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 Justice of the High Court who is not present is being referred to they are 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, a Justice Smith is referred to as Smith J. Unlike American English, no comma is used to offset the letter J from the Justice's name. 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. Masters of the High Court are addressed as "Master". Insolvency and Companies Court judges in the High Court are addressed as "Judge". Circuit judges and 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 judges and
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
judges are addressed as "Sir/Madam". Magistrates are usually still addressed as " Your Worship" in much of England. 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". 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 Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
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 Belfast (, , , ; from ) is the capital city and principal port of Northern Ireland, standing on the banks of the River Lagan and connected to the open sea through Belfast Lough and the North Channel (Great Britain and Ireland), North Channel ...
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 Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
, 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 Citizenship Commission. Like other members of the Commonwealth, a justice of the peace is addressed as "Your Worship", and a 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

In many states 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, the Superior 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". 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 the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, and the judges of the supreme courts of several US states and other countries are called "justices". Justices of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
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." in case citations and certain
case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
reporters when it is necessary to identify the author of a cited opinion. In
American English American English, sometimes called United States English or U.S. English, is the set of variety (linguistics), varieties of the English language native to the United States. English is the Languages of the United States, most widely spoken lang ...
, the postnominal "J." is always divided from the judge's name by a comma and a space, so that a citation to a dissenting opinion by Associate Justice Antonin Scalia would warn that the cited opinion is not the majority opinion with the parenthetical notation "Scalia, J., dissenting". The plural form is JJ. 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). 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." The justices of the supreme courts usually hold higher offices than any other judges in a jurisdiction, including a justice of the peace, a judge who holds police court in some
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s and who may also try small claims and misdemeanors. However, the State 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". A '' senior judge'', in US practice, is a retired judge who handles selected cases for a governmental entity while in retirement, on a part-time basis. Subordinate or inferior jurisdiction judges in US legal practice are sometimes called
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
s, although in the federal judiciary of the United States, they are called magistrate judges. Subordinate judges in US legal practice who are appointed on an ''
ad hoc ''Ad hoc'' is a List of Latin phrases, Latin phrase meaning literally for this. In English language, English, it typically signifies a solution designed for a specific purpose, problem, or task rather than a Generalization, generalized solution ...
'' 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 as bankruptcy courts or juvenile courts) were sometimes known officially as " referees", but the use of this title is in decline. Judges sitting in courts of equity in
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
systems (such as judges in the equity courts of
Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...
) 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 US 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 as workers' 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 called arbitrators. 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 a
jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
. Most but not all US 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 jurisdiction courts. 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.


Oceania


Australia

In
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
judges and, since 2007, magistrates, of all jurisdictions including the High 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").


New Zealand

In
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, judges of the District Court of New Zealand generally referred to as "His/Her Honour" or "Sir/Madame". Judges from the High Court, Appeals Court, and Supreme Court are referred to as "Justice urname. In social settings, it is appropriate to use "Judge" in all cases.


South America


Brazil

In
Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, judges are simply called "Juiz" or "Juíza" (male and female forms of "judge") and traditionally addressed to as "Vossa Excelência" (, 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 and Tribunal Superior Eleitoral) are called "ministro" or "ministra" (male and female forms of "minister") and also referred to as "Vossa Excelência".


International courts

At the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
, 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".


See also

* Adjudicator * AI judge *
Barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
* Biy * Court dress * Election judge * Hebrew Bible judges * Judicial activism * Judicial deference * Judicial immunity * Judicial independence * Judicial misconduct * Judiciary *
Lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
* Lay judge * Legal ethics * List of jurists *
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
* Prosecutor * Public defender * Solicitor


References


External links


State of California Commission of Judicial Performance

CEPEJ
European commission for the efficiency of justice.
CCJE
European consultative council of judges.
How sentencing works: You be the Judge

Directgov
Crown Court – what it does (Directgov, England and Wales) {{Authority control Legal professions Law enforcement Positions of authority