Judge

What is the Role of a Judge?

A judge presides over court proceedings, assessing evidence and issuing rulings based on their interpretation of the law and personal judgment.

The Varying Roles of Judges

Judges conduct trials impartially in open courts, with varying powers, functions, appointment methods, discipline, and training across different jurisdictions. Their tasks include settling disputes, executing searches and arrests, supervising trial procedures, and overseeing investigations.

Adversarial vs Inquisitorial Systems

The role of a judge can vary between legal systems. Some serve as referees in adversarial systems, while others apply the law directly in inquisitorial systems. Judges may work alone or in panels, assisted by staff, and are often professionally trained.

Qualifications and Appointments

Judges generally require a Juris Doctor degree and significant professional experience. Appointments may be made by the head of state or elected in political elections. Impartiality is considered important, with some jurisdictions appointing judges for life to ensure independence.

Gender Representation Among Judges

In Europe, women make up the majority of judges in civil law countries, while men dominate common law countries. Women are underrepresented in Supreme Courts in many EU countries, except for Romania. In the United States, federal judges work until death or retirement, with some states having mandatory retirement ages for state court judges.

Skills and Attributes

Judges must possess research skills, logical reasoning, analysis, and decision-making abilities. They need excellent writing skills, interpersonal skills, and good moral character. A 2020 study found significant positive effects on state Supreme Court performance with mandatory retirement ages.

Traditional Attire of Judges

In many parts of the world, judges wear long robes and sit on an elevated platform during trials. American judges typically wear black robes, while some Western states like California have allowed everyday clothing. In Italy and Portugal, both judges and lawyers wear black robes.

Forms of Address for Judges

In various countries, the forms of address for judges vary significantly. For instance, in Hong Kong, court proceedings are conducted in English or Cantonese, with judges wearing wigs and robes. Judges are addressed as My Lord or My Lady in superior courts, while magistrates and lower court judges are addressed as Your Worship and Your Honour respectively.

Addressing Judges in Different Jurisdictions

In India, judges were traditionally addressed as Your Lordship or My Lord, but a 2006 resolution by the Bar Council of India allowed lawyers to address the court as Your Honour. In various countries: – Madras HC in India: Judges are addressed as Sir/Madam. – Israel: Judges are addressed as Sir/Madam or Your Honor. – Kazakh Khanate: Judges were elected using adat Zheti Zhargy, and the Council of biys was a kind of senate. – Malaysia: Subordinate court judges are addressed as Tuan/Puan, while superior court judges are addressed as Yang Arif/My Lord etc. – Pakistan: Supreme Court and High Court judges are addressed as Your Lordship/My Lord, directly from England. – Sri Lanka: Judges are addressed as Your Honour (except for the Chief Justice), or The Honourable. – Vietnam: Judges are addressed as Quý tòa (the ‘Honorable Court’). In Europe: – Bulgaria: Before 1989, judges were addressed as drugarju (‘comrade’), after 1989, they were addressed as gospodín sŭdiya/madam sŭdiya (‘mister judge’/’madam judge’). – Finland: No special form of address is used; ordinary politeness suffices. – Other European countries (not specified in the text): The forms of address are not mentioned. In the Supreme Court, judges are titled oikeusneuvos and the court is led by a presidentti. In France, presiding judges are addressed as Monsieur le président or Madame le président, while associated judges are addressed as Monsieur l’Assesseur or Madame l’Assesseur. Outside of the courtroom, they are referred to as Monsieur le juge or Madame le juge.

Addressing Judges in Germany and Hungary

In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende. In Hungary, male presiding judges are addressed as tisztelt bíró úr and female presiding judges are addressed as tisztelt bírónő.

Addressing Judges in Ireland

In Ireland, judges of the Supreme Court and above are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname, while those below are addressed as His/Her Honour Judge Surname. In court, they are addressed as The Court or simply Judge.

Addressing Judges in Italy

In Italy, presiding judges are addressed as Signor presidente della corte.

Addressing Judges in the Netherlands and Poland

In the Netherlands, presiding judges are addressed as edelachtbare in writing only. In Poland, presiding judges during trial are addressed as Wysoki Sądzie.

Addressing Judges in Portugal and Romania

In Portugal, presiding judges are addressed as Meretíssimo Juiz or Meretíssima Juíza. In formal occasions, they are referred to as Vossa Excelência. In Romania, judges during trial are addressed as Onorata Instanta.

Addressing Judges in Russia and Spain

In Russia, Vasha Chest is used for criminal cases only with one judge presiding, while Honorable Court is used for civil and commercial cases. In Spain, magistrates of the Supreme Court and above are addressed as ‘Your Lordship’ in formal occasions, while those below are addressed as ‘Your Most Illustrious Lordship’.

Addressing Judges in Sweden and England/Wales

In Sweden, presiding judges are traditionally addressed as Herr Ordförande or Fru Ordförande. In England and Wales, Supreme Court judges are called Justices of the Supreme Court. Judges of various courts in England and Wales are referred to with different titles:

• High Court: My Lord/May Lady
• Court of Appeal: Lord Justice/Lady Justice (e.g. Smith LJ), or Mr/Mrs/Ms Justice N when absent
• High Court Judges who are not present: Mr/Mrs/Ms Justice N, J for males/females
• Masters of the High Court: Master
• Insolvency and Companies Court judges: Judge
• Circuit judges: Your Honour (HHJ/HH Judge N in informal writing)
• District judges and tribunal judges: Sir/Madam
• Magistrates: Your Worship/Sir/Madam

Addressing Judges in Scotland and Northern Ireland

Judges in Scotland and Northern Ireland are addressed similarly:

• Scotland: My Lord/My Lady, Your Honour
• Northern Ireland: Superior courts: same as England/Wales; county court judges: Your Honour; district magistrates: Your Worship g. ‘John Smith LM’

Specialized Courts and Titles

Judges in certain jurisdictions deal with guardianships, trusts, and estates as ‘surrogates’. Senior judges handle selected cases for a governmental entity while retired on a part-time basis. Subordinate judges are sometimes called ‘magistrates’ or ‘masters’. Judges of specialized courts, such as bankruptcy or juvenile courts, were formerly known as ‘referees’, but the title is in decline. In common law systems, judges sitting in equity courts are called ‘chancellors’. Administrative law judges report to an executive branch official and often make initial determinations on matters like workers’ compensation. Arbitrators derive their authority from a contractual agreement and do not receive honorific forms of address.

The Distinction Between Professional Judges and Jurors

The US legal system distinguishes between professional judges and laypeople involved in deciding cases who are jurors. Most but not all US judges have professional credentials as lawyers. In Australia, judges and magistrates of all jurisdictions are addressed as ‘Your Honour’, while in New Zealand, judges of the District Court are referred to as ‘His/Her Honour’. Judges from the High Court, Appeals Court, and Supreme Court are referred to as ‘Justice [Surname]’ in formal settings but ‘Judge’ is used in social settings.

Conclusion

The role of a judge is multifaceted, requiring not only legal expertise but also a deep understanding of human nature and the ability to make fair and impartial decisions. From the traditional attire worn by judges to the forms of address they receive, every aspect of their role reflects the importance of justice in society.