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Judge
A judge or justice is an elected or appointed official who presides over matters brought before a court. Judges hear civil and criminal cases, which sometimes involve jury trials. Prior to trial, judges preside over hearings in order to resolve cases or prepare cases for trial. At a jury trial, it is the responsibility of the jury to decide factual issues while the judge decides legal issues. In legal discussions, you will commonly hear the jury being referred to as the "trier of fact," while the judge is referred to as the "trier of law". In certain cases there may be no jury in a trial, in which case, the judge harbors the responsibility of being both trier of fact and trier of law.[1][2]
There are many different types of judges including state and federal judges who preside over trials and appeals. The highest-ranking judge in the United States legal system is the chief justice of the Supreme Court of the United States. In addition to the chief justice, eight other associate justices sit on the Supreme Court. The Supreme Court is located in the nation's capital, Washington D.C. In terms of state courts, each of the 50 states has separate judicial systems with varying titles for their judges.[1]
Judicial selection
- See also: Judicial selection in the states
Methods of judicial selection vary substantially across the United States. There are five main methods used to select state judges, though each state has a unique set of guidelines governing their method(s) of choice:[3]
- Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Legislative elections: Judges are selected by the state legislature.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. After serving an initial term, the judge must be confirmed by the people in a yes-no retention election to continue serving.[4]
Retirement and senior judges
Mandatory retirement is the compulsory retirement of judges who have reached a specific age determined by a state's constitution. Thirty-three states and the District of Columbia have set mandatory retirement ages as of December 2015.[5] In 2003, Vermont established the highest mandatory retirement age at 90 years old.[6]
Federal judges at all levels who are semi-retired are classified as senior judges. Senior judges essentially provide volunteer service to the courts, and typically handle about 15 percent of the federal courts' workload annually.[7]
See also
Footnotes
- ↑ 1.0 1.1 Merriam-Webster Dictionary, "Judge definition," accessed December 10, 2015
- ↑ U.S. Legal, "Judge definition," accessed December 10, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection," accessed December 10, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008
- ↑ The Oregonian, "Mandatory retirement age for Oregon judges should be taken off the books: Editorial," June 21, 2015
- ↑ Vermont Statutes, "4 V.S.A. § 609," accessed January 3, 2025
- ↑ Cornell Law School, "28 U.S. Code § 371 - Retirement on salary; retirement in senior status," accessed December 10, 2015
