A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges . In an adversarial system , the 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 .
47-517: A judge is an official who presides over a court. Judge or Judges may also refer to: Judge 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. The ultimate task of
94-620: 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 . 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
141-762: 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". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [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 ,
188-464: 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. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and
235-416: 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 can vary 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
282-489: 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, detainment, 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
329-545: A law to remove the good moral character clauses from their licensure requirements and implemented more objective standards. In 2019, Mississippi enacted legislation to limit the use of "vague" terms such as "moral turpitude" and "good character" by state agencies. A 1975 survey by Camenisch included responses from 19 state medical board presidents (respondents) wherein they placed eight characteristics of good moral character in order of importance from most to least. They were (in ranked order): Camenisch writes, "The grouping of
376-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit. 'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by
423-597: A man who is stung by a bee while mowing the lawn for an elderly neighbor is often rated as having a better moral character than a similar man who is not stung by a bee. Negative findings of moral character can include a single legal citation, working for a marijuana farm or dispensary, having children without being married, not paying taxes, dishonesty, receiving government support, and advocating for racism. According to some moral character assessors, virtually all crimes such as city ordinance violations, misdemeanors, as well as felonies are considered to be de facto evidence that
470-685: A panel of judges the right address is Honorable Court . 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". In Sweden,
517-458: 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. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,
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#1732765604464564-668: A paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant. Good moral character is the opposite of moral turpitude , another legal concept in the United States used in similar instances. Good moral character is usually considered to be present when a person has several positive moral findings and has no-to-minimal negative moral findings. Positive evidence of good moral character can include letters of recommendation, pursuing education, working six days
611-425: A person does not have good moral character. However, many states exclude minor traffic violations as part of a person's character assessment. The presence of any negative finding can outweigh several positive findings. Even minor violations of the law can be the sole reason for denying citizenship. The United States Citizenship and Immigration Services describes "good moral character" as an absence of involvement in
658-577: 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. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess
705-501: 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
752-482: A week, owning one's home, attending church every Sunday, marrying one's high-school sweetheart, having strong ties to one's nuclear family, coaching little league teams, paying taxes, paying bills on time, and volunteering in the community. Moral luck might influence the assessments of moral character. If one volunteers to help others, they may be considered a better person if something bad, uncontrollable, and unexpected happens to them while they are working. For example,
799-404: Is laamanni ( lawspeaker ). 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
846-647: 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 evaluating negative conduct. Whether the assessment of good moral character depends more on the evaluator or the assessee has been the subject of significant debate, and a consensus has not been reached between scholars, jurists, courts, administrative agencies, and legislators. Legal judgments of good moral character can include consideration of honesty , trustworthiness , diligence , reliability , respect for
893-407: 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
940-441: 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 . However in some jurisdictions, judges are elected in
987-515: 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
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#17327656044641034-841: The Chief Justice of Ireland 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 ). In Italy,
1081-543: The Maryland Supreme Court 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
1128-881: The Urdu equivalent Janab or Judge Sahab . 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 . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit. 'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit. 'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit. 'madam judge'). There
1175-631: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that
1222-836: 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 ( Hong Kong Cantonese : 法官大人 , romanized: faat3 gun1 daai6 jan4 , lit. 'Judge, your lordship') before
1269-653: 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 Hong Kong Court of Final Appeal and the High Court of Hong Kong (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
1316-633: 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
1363-763: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in
1410-511: 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
1457-553: The court is led by a presidentti . 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 . 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". The male presiding judge of
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1504-415: The eight elements in the order of importance makes it clear that 'good moral character' in the minds of the respondents emphatically has more to do with the professional's obligations to a limited number of specific individuals, to his patients, than to the society at large, to the entire population of those needing health care... this second area ... includes such matters as the distribution of health care and
1551-461: The following activities: Additionally, several other prior activities can disqualify a person from having a current "good moral character" Teachers, executioners, nurses, physicians, attorneys, barbers, liquor salespersons, pharmacists, and many other professionals require a state-issued license to perform their job. In order to obtain a license to work, one must meet the regular non-moral requirements such as years of education and also convince
1598-417: The individual authorities should decide on the specific age for themselves. 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
1645-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט , romanized : shofét , lit. 'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני/גבירתי , romanized: adoni/geverti ) or Your Honor (Hebrew: כבודו/כבודה , romanized: kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after
1692-559: 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. Good moral character Good moral character
1739-563: The law, integrity , candor, discretion , observance of fiduciary duty , respect for the rights of others, absence of hatred and discrimination , fiscal responsibility, mental and emotional stability , profession-specific criteria such as pledging to honor the Constitution and uphold the law, and the absence of a criminal conviction . Since the moral character of a person is an intrinsic psychological characteristic and cannot be measured directly, some scholars and statutes have used
1786-482: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and
1833-400: The phrase "behaved as a person of good moral character". People must have good moral character determined as a fact of law in predominately two contexts – (1) state-issued licensure that allows one to work and practice a regulated profession and (2) federal government-issued U.S. citizenship certificates whereby an immigrant undergoes naturalization to become a citizen. Many laws create
1880-802: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , 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). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when
1927-507: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , 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
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1974-436: The proceedings, as they generally are in the superior courts, are in English. 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
2021-401: 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
2068-528: 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
2115-598: The respective address. For example, Your Honor the Judge would be כבוד השופט ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys [ kk ; ru ] was the highest council, a kind of senate . 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 ( lit. ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if
2162-444: The state board that the applicant has good moral character. However, the criteria used to determine good moral character can vary significantly. Background checks are a type of verification of good moral character and they are often accompanied by drug testing. For admission to the bar in the United States , lawyers must go through extensive moral character checks as part of the application process. On May 14, 2019, Oklahoma enacted
2209-467: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized: faat3 gun1 gok3 haa6 , lit. 'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized: faat gun1 , lit. 'Judge') means the word "judge". In India , judges of the Supreme Court and
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