Judge (other)

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments 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 jurisdictions. 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. 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, 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 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, 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. 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 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 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 and the High Court (which consists of the Court of Appeal 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'').

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

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