You are on page 1of 2

Student 1s Reading Role of a Judge in a Court

A judge is an official person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. 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. In many states throughout the United States, 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 common with the plaintiff or defendant. Notably, the Superior Court of Los Angeles County, the largest unified trial court in the United States, has a rule that the judge shall be addressed only as "Your Honor," and never as "Judge," "Judge (name)," "ma'am," or "sir."[9] 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 "justice(s) of the peace." Judges of the Supreme Court of the United States are addressed as "Justice (name)". The Chief Justice is addressed as "Chief Justice (name)". 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 lowest trial court of general jurisdiction, and the Court of Appeals being the highest court. This is a historical artifact from when the superior trial court in common law jurisdictions was called the "supreme court" (which still exists in some jurisdictions, such as Australia). Consequently, 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 uniquely 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 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 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 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. They were previously known as hearing examiners. They commonly make initial determinations regarding matters such as workers' compensation, 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 laymen involved in deciding case who are jurors who are part of a jury. Most, but not all U.S. 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 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.

You might also like