Judge
| Noun | 1. |  judge - a public official authorized to decide questions bought before a court of justice |
| 2. | judge - an authority who is able to estimate worth or quality Synonyms: evaluator | |
| Verb | 1. | judge - determine the result of (a competition) |
| 2. | judge - form an opinion of or pass judgment on; "I cannot judge some works of modern art" | |
| 3. | judge - judge tentatively or form an estimate of (quantities or time); "I estimate this chicken to weigh three pounds" | |
| 4. | judge - pronounce judgment on; "They labeled him unfit to work here" | |
| 5. | judge - put on trial or hear a case and sit as the judge at the trial of; "The football star was tried for the murder of his wife"; "The judge tried both father and son in separate trials" Synonyms: adjudicate, try |
JUDGE. A public officer, lawfully appointed to decide litigated questions
according to law. This, in its most extensive sense, includes all officers
who are appointed to decide such questions, and not only judges properly so
called, but also justices of the peace, and jurors, who are judges of the
facts in issue. See 4 Dall. 229; 3 Yeates, IR. 300. In a more limited sense,
the term judge signifies an officer who is so named in his commission, and
who presides in some court.
2. Judges are appointed or elected, in a variety of ways, in the United
States they are appointed by the president, by and with the consent of the
senate; in some of the states they are appointed by the governor, the
governor and senate, or by the legislature. In the United States, and some
of the states, they hold their offices during good behaviour; in others, as
in New York, during, good behaviour, or until they shall attain a certain
age and in others for a limited term of years.
3. Impartiality is the first duty of a judge; before he gives an
opinion, or sits in judgment in a cause, he ought to be certain that he has
no bias for or against either of the parties; and if he has any (the
slightest) interest in the cause, he is disqualified from sitting as judge;
aliquis non debet esse judex in propria causa; 8 Co. 118; 21 Pick. Rep. 101;
5 Mass. 92; 13 Mass. 340; 6 Pick. R. 109; 14 S. & R. 157-8; and when he is
aware of such interest, he ought himself to refuse to sit on the case. It
seems it is discretionary with him whether he will sit in a cause in which
he has been of counsel. 2 Marsh. 517; Coxe, 164; see 2 Binn. 454. But the
delicacy which characterizes the judges in this country, generally, forbids
their sitting in such a cause.
4. He must not only be impartial, but he must follow and enforce the
law, whether good or bad. He is bound to declare what the law is, and not
to make it; he is not an arbitrator, but an interpreter of the law. It is
his duty to be patient in the investigation of the case, careful in
considering it, and firm in his judgment. He ought, according to Cicero,
"never to lose sight that he is a man, and that he cannot exceed the power
given him by his commission; that not only power, but public confidence has
been given to him; that he ought always seriously to attend not to his
wishes but to the requisitions of law, of justice and religion." Cic. pro.
Cluentius. A curious case of judicial casuistry is stated by Aulus Gellius
Att. Noct. lib: 14, cap. 2, which may be interesting to the reader.
5. While acting within the bounds of his jurisdiction, the judge is hot
responsible for any error of judgment, nor mistake he may commit as a judge.
Co. Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates, R. 443; N. & M'C. 168;
1 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. R.
395; 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2
Bay, 1, 69; 8 Wend. 468; 3 Marsh. R. 76,. When he acts corruptly, he may be
impeached. 5 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225.
6. A judge is not competent as a witness in a cause trying before him,
for this, among other reasons, that he can hardly be deemed capable of
impartially deciding on the admissibility of his own testimony, or of
weighing. it against that of another. Martin's R. N. S. 312. Vide, Com.
Dig. Courts, B 4, C 2, E 1, P 16 justices, 1 1, 2, and 3; 14 Vin. Ab. 573;
Bac. Ab. Courts, &c., B; 1 Kent, Com. 291; Ayl. Parerg. 309; Story, Const.
Index, h.t. See U. S. Dig. Courts, I, where will be found an abstract of
various decisions relating to the appointment and powers of judges in
different states. Vide Equality; Incompetency.;