Judge

Name	Judge
Caption	Sir Lyman Poore Duff, PC, GCMG, former Chief Justice of the Supreme Court of Canada
Official names	Judge, justice, magistrate
Type	Profession
Activity sector	LawPolitics
Competencies	Analytical mind, critical thinking, impartiality, commercial sense
Formation	Usually experience as an advocate
Employment field	Courts
Related occupation	Barrister, solicitor, prosecutor, professor

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 conducts 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

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.

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.

In Oman, the judge wears a long stripe (Red, Green White), while the attorneys wear the black gown.

Titles and forms of address

Asia

India

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 Lords/Ladies, they having nothing to with nobility in 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.

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".

Europe

France

In France, the presiding judge of a court is addressed to as "Mr./Mrs. President" (Monsieur le président/Madame la présidente).

Germany

In Germany as "Mr./Mrs. Chairman" (Herr Vorsitzender/Frau Vorsitzende).

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

England and Wales

In the Courts of England and Wales judges of the higher courts (when sitting in a higher court) are addressed as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship". Circuit Judges and Recorders are addressed as "Your Honour" and 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.

Masters of the High Court are addressed as "Master". When a judge of the High Court who is not present is being referred to they are described as "Mr./Mrs. Justice N" (written N J).

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." 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 refers to "Lord/Lady N, JSC", and the President and Deputy President of the Court are referred to as "Lord/Lady N DPSC/PSC".

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".

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".

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

.]] 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".

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 lay people 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".

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

Adjudicator

Barrister

Court dress

Election judge

Judicial deference

Judiciary

Lawyer

Lay judge

List of jurists

Magistrate

Prosecutor

Public defender

Solicitor

References

External links

State of California Commission of Judicial Performance

Europe M.E.D.E.L European association of judges and public prosecutors.

CEPEJ European commission for the efficiency of justice.

CCJE European consultative council of judges.

How sentencing works: You be the Judge

Category:Legal professions