Judge

Have questions about who a judge is and what the legal definition and meaning of a judge is in United States law?

Read our easy-to-read guide to get these and many more FAQs answered, such as what types of judges (and justices) can get elected, appointed, or impeached!

Who Is a Judge?

The law definition of a judge is an official who presides over legal proceedings, analyzes evidence, testimonies, and legal arguments, and passes verdicts. Judges have the authority and responsibility to uphold legal justice, resolve legal disputes, and direct legal remedies for the claimant.

Judges apply the existing law and pass judgments while ensuring impartiality, unbiasedness, and ethics.

In addition, they must also issue warrants, injunctions, and orders to carry out/implement the verdict. Judges maintain decorum in their court and ensure all parties involved have a fair chance to portray their side.

This is because apart from providing justice to the individual, group, or entity that suffered harm, it is also necessary to ensure any and all persons have their individual constitutional rights upheld at all times.

What Are the Types of Judges?

There are many types of judges that differ based on the courts they preside over, their rank, and particular jurisdiction, which include the following:

• Trial Judges
• Appellate Judges
• Magistrates
• Specialized Judges
• Probate Judges
• Bankruptcy Judges
• Juvenile Court Judges
• Military Judges
• Supreme Court Justices (state and federal courts)

They can operate at district and state levels to conduct trials, hear arguments and consider evidence, and rule a verdict.

• Trial Judges: District court judges preside over and have original jurisdiction for cases of federal matters, such as felony crimes, family law, and civil cases. Similarly, state court judges will also handle trial cases involving criminal, civil, and family, among other case types.
• Appellate Judges: These federal judges preside over appellate courts (13 appellate courts) that review the verdict passed by trial courts to determine if the right judgment has been passed and if any legal errors have been committed. This can be either state or federal courts.
• Magistrates: Often step in at state or federal courts to assist with managing the high load of legal cases. Magistrates evaluate minor offenses such as traffic violations and misdemeanors.
• Specialized Judges: These specialized judges handle cases such as Family Court, Probate, Bankruptcy, and Juvenile. Family Court Judges handle cases involving divorce, child custody, child support, etc.
• Probate Judges: These judges oversee probate courts and handle civil cases relating to the wills and asset distribution of deceased individuals.
• Bankruptcy Judges: As their name suggests, these judges preside over bankruptcy cases, creditor disputes, organization insolvency, and more.
• Juvenile Court Judges: Preside over cases involving minors to safeguard their rights and provide the right rehabilitation.
• Military Judges: Preside over military courts, which can involve ordering court-martials and other military legal issues.
• Supreme Court Justices: Preside over the highest court in a state’s judicial system, the Supreme Court, to review cases and legal verdicts of importance. Judgments of a state supreme court are final and binding when it comes to state law matters.

How Are Judges Selected In the U.S.?

A judge in the United States can be selected in a number of different ways. Their selection may depend on their legal expertise, the state they serve, and their experience over the years.

The selection process is different for federal and state judges. Federal judges are chosen by the President of the United States and affirmed by the Senate.

On the other hand, state judges can be selected by various methods, such as:

• Election by the people
• Appointment by the Governor
• A combination of the two

When judges are elected, it can be via partisan elections, nonpartisan elections, or retention elections.

In partisan elections, political parties nominate the judicial candidates, while in nonpartisan elections, the voters cannot see the political affiliation of the judicial candidate.

What Is a Retention Election For Judges?

Retention elections give voters the power to decide if they wish to retain the current judge or not. In other words, judges must win these elections to remain in office. These elections are prominent in 20 of the states.

What States Have Retention Elections For Judges?

There is a total of 20 states that have some form of retention elections for judges. The following is the complete list of retention election states for judicial office:

• Alaska
• Arizona
• California
• Colorado
• Florida
• Illinois
• Indiana
• Iowa
• Kansas
• Maryland
• Missouri
• Nebraska
• New Mexico
• Oklahoma
• Pennsylvania
• South Dakota
• Tennessee
• Texas
• Utah
• Wyoming

What Is The Missouri Plan?

Appointment by the Governor (gubernatorial appointment), also known as the Missouri Plan, is when a committee involving legal experts recommends potential candidates via merit to the Governor. The Missouri Plan is the foundation for the merit-based selection of judges in the United States.

It is important to note that federal judges are appointed for a lifetime to shield them from any political pressure to sway their rulings.

Who Can Become a Judge In the U.S.?

Most states in the U.S. require a judge to have a legal degree and prior experience as an attorney. Some states also require a minimum number of years of experience. It is also important for them to be a member of the state bar.

What Is the Difference Between a Judge and a Magistrate?

There are many differences between a judge and a magistrate, which include the following:

• Courts: While judges serve higher courts, magistrates handle lower courts.
• Authority: Judges and magistrates both have the right to order injunctions, subpoenas, warrants, and more. Judges have the power to preside over and give verdicts for criminal cases. While on the other hand, magistrates cannot sentence defendants in criminal cases or award legal remedies in civil cases.
• Cases: Judges handle criminal, civil, family cases, and the like, while magistrates hear traffic violations, misdemeanors, and search warrants, among other types of legal matters.

It is important to note that a Judge appoints a magistrate (a lawyer) in some states, such as Texas.

What Does It Mean If a Judge Remands a Case?

When a judge remands a case, they return it to a lower court for further action. This can be due to several reasons, such as procedural error, incorrect verdict, omission of thorough evidence consideration, and more on the part of the lower court. In the U.S., appellate courts remand cases as corrective measure backs to a lower court.

Can Judges Alter or Remove Laws They Consider Unconstitutional?

Yes, judges can alter or remove laws they find unconstitutional and violate the Constitution under the process that is known as judicial review. This implied power given to the courts is a form of checks and balances to prevent the two other government branches (legislative and executive).

How Long Do Judges Serve In the United States?

The tenure of service depends on the type of judge and the state. Federal judges are appointed under Article III of the U.S. Constitution and have life tenure; this means that they can remain in office until they resign, retire, or have been removed upon impeachment.

In contrast, state judges have fixed terms, which differ among the states after which they must be voted to remain in office (In Delaware, elected judges must apply after their first term ends instead of running to win an election.).

The length of the election term for judges includes the following examples among the different states:

6 years in states such as Alabama, Alaska, Arkansas, California, and Michigan among others. 3 years in Alaska. 12 years in Delaware (Must reapply). 8 years in Connecticut, etc.

Can You Sue A Judge?

No, it is generally not possible to sue a judge. The U.S. Constitution provides sufficient immunity to the judges to help them make impartial, unbiased decisions without fear of personal liability. However, there are exceptions to this in the following instances on the part of the judge:

• Indulging in bribes
• Falsifying evidence and testimonies
• Deliberate misconduct
• Malicious prosecution
• Violating a person’s constitutional rights

Filing a case against a judge outside their official capacity is possible. For instance, if the judge has caused injury or damage to another party as a citizen, it is possible to hold them accountable.

How Many Judges Are There On the Supreme Court?

There are nine Supreme Court justices (high court judges) on the Supreme Court of the United States. All of which are lifetime appointments. This is as per the U.S. Constitution and cannot be modified without constitutional amendment.

The President of the United States is responsible for appointing someone to become a Supreme Court Justice when a seat becomes vacant (due to the previous justice dying or retiring) to be confirmed by the Senate before being sworn into office.

Reference: Updated photo and list of current SCOTUS members

Can You Request a Different Judge On Your Case?

Yes, you can request a different judge on your case. This is possible via motion for recusal. You can request for Recusal of a Judge if you believe the judge is biased, abusing their power, unethical, or has a conflict of interest or financial interest in the case’s outcome. More often, a judge will voluntarily recuse themselves.

The process is not guaranteed and can take significant time and effort.

As always, consulting with an experienced attorney before making this request is encouraged.

Can Judges Be Impeached or Removed From Office?

Yes, although very rare, judges can be impeached, at which point, even rarer, they can be removed from office.

While the parties who can impeach federal and state judges are not the same, there are few significant differences in how the actual impeachment process works.

The impeachment process (similar to a criminal indictment) typically begins with someone submitting a formal complaint accusing a judge of a crime or unethical wrongdoing.

The U.S. Constitution does not go into great detail as it only lists the following as grounds for impeachment and a judge’s removal from office:

• Treason
• Bribery
• Proven misbehavior or incapacity
• Other high crimes and misdemeanors

If a judge is impeached and then found guilty, they can be removed from office, which means the judicial official is stripped of their position.

For federal judges, the process generally involves the following:

• A complaint is filed, which includes allegations being made against the judge.
• The House of Representatives must expressly instruct the House Judiciary Committee to begin its investigation.
• The House Judiciary Committee investigates (Impeachment Inquiry) alleged wrongdoing.
• When the House Judiciary Committee determines that the claims against the judge are credible and are valid reasons why the judge should be impeached and removed from office, it will outline the charges being made and argue the case in front of the House of Representatives.
• The House of Representatives members ( 435 members of Congress) will consider the House Judiciary Committee’s report and recommendation to impeach and vote on whether to impeach the judge. It takes the majority of the congress members to vote yes for there to be an impeachment.
• After impeachment, the case is sent to the U.S. Senate, is heard in what is known as a High Court of Impeachment, and ultimately gets the chance to vote.
  It takes a two-thirds majority vote in the Senate to remove the judge from office. Further, the Senate can also vote to prevent the judge from holding public office in the future.

In most states, the impeachment process for state judges is handled similarly on the local legislative level, which includes the State House of Representatives being the group that votes on whether to impeach and the State Senate voting on whether to remove the judge from office.

Alternatively, some states have laws that allow judges to oversee the impeachment process instead of the legislative bodies.

Has a Supreme Court Judge Ever Been Impeached?

Yes. Associate Justice Samuel Chase was the only Supreme Court justice to have been impeached when the House of Representatives passed the Articles of Impeachment against him in 1805.

Nevertheless, Associate Justice Samuel Chase was allowed to remain in office because the U.S. Senate acquitted him.