A judge is a person who
presides over
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
proceedings, either alone or as a part of a
panel of judges. A judge hears all the
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es and any other
evidence presented by the barristers or solicitors of the case, assesses the credibility and
arguments
An argument is a statement or group of statements called premises intended to determine the degree of truth or acceptability of another statement called conclusion. Arguments can be studied from three main perspectives: the logical, the dialectic ...
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' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
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 and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
. In
inquisitorial system
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
s 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 searching, interviews, interrogations, evidence collection and preservat ...
, a judge might also be an
examining magistrate
In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases m ...
. 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
The adversarial system or adversary 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 people, usually a judge or jury, who attempt to det ...
(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 and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
, 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 judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of ...
s without proceeding to a jury trial. In an
inquisitorial system
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
(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 judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
s. 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 judic ...
, 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 (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
. 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
Good moral character is an ideal state of a person's beliefs and values that is considered most beneficial to society.
In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluatin ...
, 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.
Gavel
A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
s (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
robe
A robe is a loose-fitting outer garment. Unlike garments described as capes or cloaks, robes usually have sleeves. The English word ''robe'' derives from Middle English ''robe'' ("garment"), borrowed from Old French ''robe'' ("booty, spoil ...
s (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
gavel
A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
s, 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
The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the We ...
, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of
state supreme court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in b ...
s, such as the
Maryland Court of Appeals
The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. Its name was changed on December 14, 2022, from the Maryland Court of Appeals, after a voter-approved change to the state constitution. The court, which is compose ...
wear distinct dress. In Italy and
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, both judges and lawyers wear particular black robes.
In some countries, especially in the
Commonwealth of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the ...
, judges wear
wigs
A wig is a head or hair accessory made from human hair, animal hair, or synthetic fiber. The word wig is short for periwig, which makes its earliest known appearance in the English language in William Shakespeare's ''The Two Gentlemen of Verona' ...
. 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
Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is an Arabian country located in southwestern Asia. It is situated on the southeastern coast of the Arabian Peninsula, and spans the mouth of ...
, 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 ( pt, Império Português), also known as the Portuguese Overseas (''Ultramar Português'') or the Portuguese Colonial Empire (''Império Colonial Português''), was composed of the overseas colonies, factories, and the ...
, 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 ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta i ...
, court proceedings are conducted in either English or
Hong Kong Cantonese
Hong Kong Cantonese is a dialect of the Cantonese language of the Sino-Tibetan family.
Although Hongkongers refer to the language as "''Cantonese''" (), publications in mainland China describe the variant as ''Hong Kong dialect'' (), due to ...
(a dialect of
Yue Chinese
Yue () is a group of similar Sinitic languages spoken in Southern China, particularly in Liangguang (the Guangdong and Guangxi provinces).
The name Cantonese is often used for the whole group, but linguists prefer to reserve that name for ...
). 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
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
), 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
![The Native Judges](https://upload.wikimedia.org/wikipedia/commons/b/b5/The_Native_Judges.jpg)
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
The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents ...
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
equivalent ''Janab'' or ''Judge Sahab''.
Sri Lanka
In
Sri Lanka, 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 or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
are addressed as ' (literally the "Honorable Court").
Europe
Bulgaria
In
Bulgaria
Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
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
A lawspeaker or lawman ( Swedish: ''lagman'', Old Swedish: ''laghmaþer'' or ''laghman'', Danish: ''lovsigemand'', Norwegian: ''lagmann'', Icelandic: , Faroese: '' løgmaður'', Finnish: ''laamanni'', kl, inatsitinuk) is a unique Scandina ...
). 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, 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
The Chief Justice of Ireland ( ga, Príomh-Bhreitheamh na hÉireann) is the president of the Supreme Court of Ireland. The chief justice is the highest judicial office and most senior judge in Ireland. The role includes constitutional and admini ...
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 presidente della corte''.
Netherlands
In the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, 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 ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, 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 ( ; ro, România ) is a country located at the crossroads of Central, Eastern, and Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, Serbia to the southwest, Moldova to the east, and ...
, 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
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have ...
,
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
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, Smith J.
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 single ...
judges are addressed as "Sir/Madam".
Magistrates
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 judici ...
are usually still addressed as "
Your Worship
Worship is an honorific prefix for mayors, Justice of the Peace, justices of the peace and magistrates in present or former Commonwealth realms. In spoken address, these officials are addressed as Your Worship or referred to as His Worship, Her Wor ...
" in much of England. Magistrates are also addressed as "Sir/Madam".
=Scotland
=
In the
Courts of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial o ...
judges in the
Court of Session,
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
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
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
in
justice of the peace court
A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.
History
The commission of the peace was originall ...
s are addressed and referred to as "Your Honour".
=Northern Ireland
=
The judicial system of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
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 ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdom ...
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 one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
, 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 Judge
The Citizenship Commission is an administrative tribunal within Immigration, Refugees and Citizenship Canada (IRCC).
The overall mandate of the Commission is to assess referred applications to ensure they meet the residence or physical-presence ...
s 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
![Supreme Court US 2010](https://upload.wikimedia.org/wikipedia/commons/4/43/Supreme_Court_US_2010.jpg)
In many
states throughout the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, 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 Superior Court of California, County of Los Angeles, is the California superior court with jurisdiction over Los Angeles County, which includes the city of Los Angeles. It is the largest single unified trial court in the United States.
The L ...
, 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, and the judges of the
supreme courts of several
US states
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sov ...
and other countries are called "justices". Justices of the
Supreme Court of the United States 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)".
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' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
s and who may also try
small claims
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may ...
and
misdemeanors. However, the
State of New York
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...
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
Part-time can refer to:
* Part-time job, a job that has fewer hours a week than a full-time job
* Part-time student, a student, usually in higher education, who takes fewer course credits than a full-time student
* Part Time
Part Time (styliz ...
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 judic ...
s, although in the federal court of the United States, they are called
magistrate judges. Subordinate judges in US 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 court
United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy c ...
s 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
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
systems (such as judges in the equity courts of
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
) 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 judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evi ...
s" in US practice. They were previously known as hearing examiners. They commonly make initial determinations regarding matters such as
workers' compensation
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
, 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 and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
. 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 court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
. 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
![Susan Kiefel 2011](https://upload.wikimedia.org/wikipedia/commons/2/25/Susan_Kiefel_2011.jpg)
In
Australia 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 ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, judges of the
District Court of New Zealand
The District Court of New Zealand ( mi, Te Kōti ā Rohe) (formerly the district courts before 2016) is the primary court of first instance of New Zealand. There are 59 District Court locations throughout New Zealand (). The court hears civil cl ...
generally referred to as "His/Her Honour" or "Sir/Madame". Judges from the
High Court,
Appeals Court
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, and
Supreme Court are referred to as "Justice
urname. In social settings, it is appropriate to use "Judge" in all cases.
South America
Brazil
![Cms BANCOIMAGEMFOTOMINISTRO bancoImagemFotoMinistro AP 88800](https://upload.wikimedia.org/wikipedia/commons/b/bc/Cms_BANCOIMAGEMFOTOMINISTRO_bancoImagemFotoMinistro_AP_88800.jpg)
In
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, 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
The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
,
Superior Tribunal de Justiça,
Tribunal Superior do Trabalho, Superior Tribunal Militar and
Tribunal Superior Eleitoral
The Superior Electoral Court ( pt-BR, Tribunal Superior Eleitoral, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court ( pt-BR, Tribunal Regional Eleitoral, TRE) in each of the 26 states ...
) 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; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
, judges may be addressed by the titles they received in their countries of origin.
Judges of the International Criminal Court
The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court. Candidates must be nationals of those countries and they must "possess the qualifications required in their respe ...
are referred to as "judge".
See also
*
Adjudicator
*
AI judge
*
Barrister
*
Biy
*
Court dress
Court dress comprises the style of clothes and other attire prescribed for members of courts of law. Depending on the country and jurisdiction's traditions, members of the court ( judges, magistrates, and so on) may wear formal robes, gowns, ...
*
Election judge
*
Judicial deference
Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingd ...
*
Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
Lawyer
*
Lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
*
List of jurists
The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction.
Premodern
*Ur-Nammu
*Hammurabi
* Solomon
* Ancient India
** Manu
** Chanakya
*Ancient Greece:
**Draco
**Lycurgus
**Solon
*Ancient Rome ...
*
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 judic ...
*
Prosecutor
*
Public defender
*
Solicitor
References
External links
State of California Commission of Judicial PerformanceCEPEJ European commission for the efficiency of justice.
CCJEEuropean consultative council of judges.
How sentencing works: You be the JudgeDirectgovCrown Court – what it does (Directgov, England and Wales)
{{Authority control
Legal professions
Law enforcement
Positions of authority