judge: Definition, Synonyms from Answers.com

Judge
Sir Lyman Poore Duff, A former judge of the Supreme Court of Canada
Occupation
Names	Judge, justice, magistrate
Type	Profession
Activity sectors	Law
Description
Competencies	Analytical mind, critical thinking, impartiality, commercial sense
Education required	Usually experience as an advocate
Fields of employment	Courts
Related jobs	Barrister, solicitor, prosecutor

A judge, or arbiter of justice, is an official who presides over a court of law, which is operated by the local, state, and/or federal government(s). The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defence. If the accused is convicted, then the judge pronounces the sentence.

Judicial powers

In common law countries, such as the United States, and those with roots in the Commonwealth of Nations, judges have a number of powers which are not known to exist, or are not acknowledged to exist, in civil law legal systems, which collectively make the judiciary a more powerful political force than in civil law countries.

One of these powers is the "contempt of court" power. In a common law system, a judge typically has the power to summarily punish with a fine or imprisonment any misconduct which takes place in the courtroom, and to similarly punish violations of the court's orders, after a hearing, when they take place outside the courtroom. This power, in turn, may be used by common law judges to enforce orders for injunctive relief, which is a court order to take or refrain from taking some particular act, directed at the individual who must do so. This power is a vestige of authority that members of the nobility had when they personally presided over disputes between their subjects. It has the effect of giving common law country judges great power to fashion remedies, such as school desegregation orders and restraining orders directed at individuals. Civil law judges, in contrast, outside of specialized courts with narrowly delineated powers, generally lack contempt power or the power to impose injunctive relief.

Another power of every judge in the United States, generally right down to the level of the magistrate, is the power to declare a law unconstitutional and invalid, at least as applied in a particular case. In contrast, most civil law countries limit this power to a special constitutional court, and all other judges are required to follow the enacted laws, even if the judge personally believes those laws to be unconstitutional, in the absence of an order from the constitutional court. However, if a person believes that a law applied against them in court is unconstitutional, they can apply for consideration in the constitutional court and, if the law is indeed declared unconstitutional, file an appeal against the ruling based on the now-invalidated law.

Similarly, in the common law system, cases in which the government administration is at issue, known as public law cases, for example, suits claiming violations of civil rights by government officials, are often heard by the same judges who handle criminal cases and disputes between private individuals. In contrast, in civil law countries, only designated judges or quasi-judges (such as the Conseil d'État in France) can hear public law cases, and ordinary judges can hear only criminal cases and cases involving private parties.

Judges in a common law system are also empowered, and for the most part required, to make law guided by past precedent, or to choose to ignore past precedent as no longer applicable, based on a concept known as "stare decisis" ("to stand by what has been decided"), in cases where no statute or prior case clearly mandates a particular result, and in cases where past precedents, for some reason, no longer appear to provide firm guidance as to the current state of the law. For example, in a case of "first impression" which has never arisen in a publicly reported case in a state, a judge must choose which rule will apply, usually informed by decisions which have been made in similar cases in other jurisdictions and based on the public policies involved. Judges in civil law systems, in contrast, are strictly forbidden from "making law" and, as a general rule, are not bound by or even encouraged to refer to precedents established in prior similar cases.

Civil law judges, likewise, have some powers not usually held by common law judges. Most importantly, a common law judge is usually required to base a decision almost exclusively on the evidence provided by the parties to a case during the course of a trial, or a hearing, or in documents filed with the court. In contrast, a civil law judge frequently has the authority to investigate the facts of a case independently of evidence provided by the parties to that case, in what is known as an "inquisitorial" role.

All judges must sign a judicial oath which is a fiduciary undertaking or a promise of duty of care. Yet the moment it is signed, the judge is protected with judicial immunity which prevents anyone from testing the obligation the judge undertook in the oath. Arguments against the judicial immunity say this law is allowing judges a special method of escape for claims for breach of fiduciary duty which is something no other fiduciary apart from politicians can obtain.

Symbols of office

Being a judge is usually a prestigious and solemn position in society. A variety of traditions have become associated with the 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.

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

Titles and forms of address

United States

In the United States, a judge is addressed as "Your Honor" or "Judge" when presiding over the court. 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 most important trial court, and the Court of Appeals being the highest court; thus, 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 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 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 the U.S. State 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 and commonly make initial determinations regarding matters such as 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, and typically do not receive the honorific forms of address, and do not have the symbolic trappings, of a publicly appointed judge.

United Kingdom and Commonwealth

In England and Wales (and much of the Commonwealth) judges of the higher courts are addressed as "My Lord" or "My Lady" and referred to as "Your Lordship" or "Your Ladyship". Circuit Judges are addressed as "Your Honour" and all lower judges, magistrates, and chairs of tribunals are addressed as "Your Worship" or "Sir/Madam".

Magistrates are still addressed as "Your Worship" in Britain, 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 House of Lords, judges are called Law Lords and sit as peers.

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" and a concerted effort is being made by state law societies and bar associations to petition parliament for the removal of wigs and gowns as they are considered to be a throwback to 19th century Britain. It has been noted in a study done by the Queensland law society in 2007 that 76% of the Australian general public believe that the antiquated legal garb seems to make barristers and Judges out of touch with modern society.

Malaysia

In Malaysia, judges of the subordinate courts are addressed as "Tuan" or "Puan" (Sir or Madam), 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.

Europe

In France, the presiding judge of a court is addressed to as "Mr./Mrs. President" (Monsieur le président/Madame le président). In Germany as "Mr./Mrs. Chairman (Herr Vorsitzender/Frau Vorsitzende). In Italy the presiding judge of a court is addressed as well to as "Mr./Mrs. President" ("Signor presidente della corte").

Spain

In Spain, Magistrates of the Supreme Court, Magistrates and Judges are adressed to as "Your Lordship" (Su Señoría); however, in formal occasions, Magistrates of the Supreme Court are adressed 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".

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.

References

See also

• Attorney
• Adjudicator
• Barrister
• Court dress
• Election judge
• Judiciary
• Magistrate
• List of jurists
• Solicitor
• Prosecutor
• Public defender

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.