A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.
Symbols of office
17th century
Spanish judge in full gowns, by Velázquez.
A variety of traditions have become associated with the rank or occupation.
In many parts of the world, judges wear long robes (usually in black or red) and sit on an elevated platform during trials (known as the bench).
In some countries, especially in the Commonwealth of Nations, judges sometimes 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's wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts.[1]
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 Western 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 both judges and lawyers wear particular black robes.
In the People's Republic of China, judges wore regular street clothes until 1984, when they began to wear military-style uniforms, which were intended to demonstrate authority. These uniforms were replaced in 2000 by black robes similar to those worn in the rest of the world.[citation needed]
In Oman, the judge wears a long stripe (red, green white), while the attorneys wear the black gown.
Titles and forms of address
Asia
Hong Kong
In Hong Kong, judges were addressed, in Cantonese, as Fat Goon Dai Yan (法官大人) before 1997, and as Fat Goon Gok Ha (法官閣下) since 1997. Fat Goon (法官) means "Judge". Judges are addressed as 'My Lord'/'My Lady' and referred to as 'Your Lordship'/'Your Ladyship' when trials are conducted in English, another official language of the city-state.
India
These drawings were taken from life in 1758. 1. Judge of the Hindoo Law, Antoba Crustnagee Pundit. 2. Interpreter, Rhowangee Sewagee. 3. Hindoo Officer, Lellather Chatta Bhutt. 4. Judge of the Mohomedan Law, Cajee Husson. 5. Officer to the Mooremen, Mahmoud Ackram of the Codjee order or priesthood of the cast of Moormens. 6. Haveldar, or summoning Officer, Mahmound Ismael'.
In India, judges of the Supreme Court and the High Courts are addressed as 'Your Lordship'/'My Lord' and 'Your Ladyship'/'My Lady', a tradition directly attributable to England. However a resolution of the Bar Council of India calls upon lawyers not to address the judges as 'lord' or 'lady', questioning the association with nobility within a constitutional democracy. Lawyers however continue to so address judges – partly out of entrenched habit and partly out of fear of falling in disfavour with them. Subordinate court judges (district, magistrate, munsif and sub-judges) are addressed as 'Your Honour'.
Israel
In Israel, judges of all courts are addressed as "Sir/Madam" (אדוני/גבירתי) or "Your Honor" (כבודו/כבודה).
Japan
In Japan, judges are addressed simply as "Saibancho" (Chief judge) or "Saibankan" (Judge)
Malaysia
In Malaysia, judges of the subordinate courts are addressed as "Tuan" or "Puan" (Sir or Madam), or Your Honour, while judges of the superior courts are addressed as "Yang Arif" (lit. "Learned One") or My Lord/Lady and Your Lordship/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'/'My Lord' and 'Your Ladyship'/'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".
Sri Lanka
In Sri Lanka, judges of all 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".[citation needed]
Europe
Bulgaria
In Bulgaria before 1989 during the communist regime judges were addressed as "другарю" ("comrade").[2] After 1989 - "господин/ госпожо съдия" ("Mr./Mrs. Judge").
France
In France, the presiding judge of a court is addressed as "Mr./Mrs. President" (Monsieur le président/Madame la présidente), whilst associate judges are addressed as "Mr./Mrs. Judge" (Monsieur le juge/Madame le juge).
Germany
In Germany as "Mr./Mrs. Chairman" (Herr Vorsitzender/Frau Vorsitzende).
Ireland
Judges of the Supreme Court or High Court are officially titled "The Honourable Mr/Mrs/Ms/Miss Justice N", referred to for short as "Mr/Mrs/Ms/Miss Justice N" and addressed in Court by their respective titles or styles, as "The Court", or simply "Judge". Some barristers continue occasionally to use the traditional mode of style, "My Lord", but this has been discouraged since 2006. In law reports, the Chief Justice of Ireland has the postnominal "CJ", the President of the High Court the postnominal "P", and all other judges "J", e.g. "Smith J".
Judges of the Circuit Court are titled "His/Her Honour Judge N" and are addressed in Court as "Judge". Before 2006, they were addressed as "My Lord". In law reports, "Judge Smith".
Judges of the District Court are titled "Judge N" and addressed in Court as "Judge". Before 1991 these judges were known as District Justices and addressed as "Your Worship".
Italy
In Italy the presiding judge of a court is addressed as well to as "Mr./Mrs. President" ("Signor presidente della corte").
Netherlands
In the Netherlands, presiding judges of either sex during trial are addressed edelachtbare ("Your Honor").
Poland
In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Judge").
Russia
In Russia as "Your Honor" ("Ваша Честь" trans. "Vasha Chest") - for criminal cases only. For civil and commercial cases the right version is "Respected 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 Right Honorable Lordship" (Vuestra Señoría Excelentísima or Excelentísimo Señor/Excelentísima Señora); in those solemn occasions, magistrates of lower Courts are addressed as "Your Honorable 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 (sometimes Mr./Mrs.) Chairman (Herr "Ordförande"/Fru "Ordförande").
United Kingdom
In the Courts of England and Wales judges of the High Court and Court of Appeal are addressed (when sitting in those courts) as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship".
When a judge of the High Court who is not present is being referred to they are described as "Mr./Mrs. Justice N." In writing, the post-nominal letter "J" is used to denote a Judge (male or female) of the High Court: for example, Smith J.
Judges of the Court of Appeal, also called Lords Justice of Appeal, are referred to as "Lord Justice N" or "Lady Justice N." In writing, Lords Justices of Appeal are afforded the post nominal letters "LJ:" for example, Smith LJ.
Circuit Judges and Recorders are addressed as "Your Honour." Circuit judges are referred to as "His/Her Honour Judge N." In writing, this title may be abbreviated as "HHJ" or "HH Judge," e.g. "HH Judge Smith." district judges and tribunal judges are addressed as "Sir/Madam".
Lay magistrates are sometimes still addressed as "Your Worship" in England, South Africa and Canada, mainly by solicitors, but this practice in other Commonwealth countries is nearly obsolete. Lay magistrates are also addressed as "Sir/Madam."
Masters of the High Court are addressed as "Master".
In the Supreme Court of the United Kingdom, judges are called Justices of the Supreme Court. Those Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady."[3] 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"), and the President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively.
Scotland
In the Courts of Scotland judges in the Court of Session, High Court of Justiciary and 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 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 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". [4].
North America
Canada
In general, Canadian judges are addressed directly as "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'", and it is never appropriate to refer to such a judge 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".[5]
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.
Like other members of the Commonwealth, a justice of the peace is addressed as "Your Worship," and a Master of a Superior Court is both addressed and referred to as "Master."
United States
An American judge talking to a
lawyer.
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 common with 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", and never as "Judge", "Judge (name)", "ma'am", or "sir".[6]
The judges of the Supreme Court of the United States, and the judges of the supreme courts of several U.S. states and other countries are called "justices" or "judges of the peace".
The justices of the supreme courts usually hold higher offices than the justice of the peace, a judge who holds police court in some jurisdictions and who typically tries small claims and misdemeanors. However, the state of New York inverts the usual order, with the Supreme Court of the State of New York being the lowest trial court of general jurisdiction, and the Court of Appeals being the highest court. This is a historical artifact from when the superior trial court in common law jurisdictions was called the "supreme court" (which still exists in some jurisdictions, such as Australia).
Consequently, New York trial judges are called "justices", while the judges on the Court of Appeals are "judges". New York judges who deal with guardianships, trusts and estates are uniquely known as "surrogates".
A senior judge, in U.S. 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 U.S. legal practice are sometimes called magistrates, although in the federal court of the United States, they are called magistrate judges. Subordinate judges in U.S. legal practice who are appointed on a 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" and have authority in a particular case often determined on a case by case basis.
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 systems (such as judges in the equity courts of Delaware) 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" in U.S. practice. They were previously known as hearing examiners. 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 laymen involved in deciding case who are jurors who are part of a jury. Most, but not all U.S. judges have professional credentials as lawyers. Non-lawyer judges in the United States are often elected, and a 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 since 2007 magistrates and judges of all jurisdictions including the High Court of Australia are now referred to as "Your Honour" or "His Honour Mr Justice Forename Surname". Judges of the Supreme Court are called "Justice". Like other common law jurisdictions, when referred to in court judgments as Surname J. Judges in the New South Wales Court of Appeal are referred to as Justices of the Appeal (abbreviated Surname JA).
New Zealand
In New Zealand, judges of the High Court and above are referred to as "His/Her Honour Justice Surname" in speech, and "Surname J" in writing. Judges of the District Court and the other statutory courts are referred to as "His/Her Honour Judge Surname" in speech, and "Surname DCJ" or "Judge Surname" in writing. The "Mr" of the title "Mr Justice" was dropped on the appointment of Cartwright J to the High Court. In Court, all judges are addressed as "Your Honour", or "Sir/Madam".
South America
Brazil
In Brazil, 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" (lit. "Honorable", but it is used as a pronoun also translated as "Your Honor"). Judges that are part of a pannel 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 and Tribunal Superior Eleitoral) are called "ministro" or "ministra" (male and female forms of "minister") and also referred to as "Vossa Excelência".
Other
Biblical Judges
The Biblical Book of Judges revolves around a succession of leaders who were known as "Judges" (Hebrew shoftim שופטים) but who - aside from their judicial function - were also tribal war leaders, leading in war against threatening enemies. The same word is, however, used in contemporary Israel to denote judges whose function and authority is similar to that in other modern countries.
See also
References
External links
Europe
M.E.D.E.L European association of judges and public prosecutors.
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