JUDGE

judge, n. A public official appointed or elected to hear and decide legal matters in court. • The term is sometimes held to include all officers appointed to decide litigated questions, including a justice of the peace and even jurors (who are judges of the facts). But in ordinary legal usage, the term is limited to the sense of an officer who (1) is so named in his or her commission, and (2) presides in a court. Judge is often used interchangeably with court. See COURT(2). — Abbr. J. (and, in plural, JJ.). [Cases: Judges

1. C.J.S. Judges §§ 2–7.]

administrative-law judge. See ADMINISTRATIVE-LAW JUDGE.

administrative patent judge. Patents. A U.S. Patent and Trademark Office adjudicator charged with conducting interference and appeal proceedings. — Abbr. APJ.

associate judge. An appellate judge who is neither a chief judge nor a presiding judge.

— Also termed puisne judge.

bankruptcy judge. A judicial officer appointed by a U.S. court of appeals to preside over cases filed under the Bankruptcy Code and proceedings related to bankruptcy cases that are referred by the U.S. district court. • A bankruptcy judge is appointed for a term of 14 years.28 USCA §§ 151 et seq. See ARTICLEII JUDGE. [Cases: Bankruptcy 2123. C.J.S. Bankruptcy § 7.]

chief administrative patent judge. Patents. The supervisor of administrative patent judges at the U.S. Patent and Trademark Office. — Abbr. CAPJ.

chief judge. The judge who presides over the sessions and deliberations of a court, while also overseeing the administration of the court. — Abbr. C.J.

circuit judge.

1. A judge who sits on a circuit court; esp., a federal judge who sits on a U.S. court of appeals.

2. Hist. A special judge added to a court for the purpose of holding trials, but without being a regular member of the court. — Abbr. C.J.

city judge. See municipal judge.

continuing part-time judge. A judge who serves repeatedly on a part-time basis by election or under a continuing appointment.

county judge. A local judge having criminal or civil jurisdiction, or sometimes both, within a county.

criminal-court judge. A judge who sits on a court with jurisdiction only over criminal matters.

de facto judge (di fak-toh). A judge operating under color of law but whose authority is procedurally defective, such as a judge appointed under an unconstitutional statute.

— Also termed judge de facto. [Cases: Judges 1, 26. C.J.S. Judges §§ 2–7, 184.]

district judge.

1. A judge in a federal or state judicial district.

2. See metropolitan stipendiary magistrate under MAGISTRATE. — Abbr. D.J.

duty judge. A judge responsible for setting an arrestee’s bail, usu. by telephone or videoconference.

family-court judge. A judge who sits on a court that has jurisdiction exclusively over matters involving domestic relations, such as divorce and child-custody matters.

hanging judge. Slang. A judge who is harsh (sometimes corruptly so) with defendants, esp. those accused of capital crimes.

inferior judge. A judge who sits on a lower court.

judge de facto. See de facto judge.

judge delegate. A judge who acts under delegated authority.

judge of probate. See probate judge.

judge ordinary. Hist. The judge of the English Court for Divorce and Matrimonial Causes from 1857 to 1875.

judge pro tempore (proh tem-p[schwa]-ree). See visiting judge.

juvenile-court judge. A judge who sits on a court that has jurisdiction exclusively over matters involving juveniles, such as suits involving child abuse and neglect, matters involving status offenses, and, sometimes, suits to terminate parental rights.

lay judge. A judge who is not a lawyer.

military judge. A commissioned officer of the armed forces who is on active duty and is a member of a bar of a federal court or of the highest court of a state. • The Judge Advocate General of the particular service must certify a military judge as qualified for duty. A military judge of a general court-martial must also be a member of an independent judiciary. A military judge is detailed to every general court-martial and usu. to a special court-martial. [Cases: Military Justice 881. C.J.S. Military Justice § 148.]

municipal judge. A local judge having criminal or civil jurisdiction, or sometimes both, within a city.

— Also termed city judge.

presiding judge.

1. A judge in charge of a particular court or judicial district; esp., the senior active judge on a three-member panel that hears and decides cases.

2. A chief judge. — Abbr. P.J.

— Also termed president judge.

probate judge. A judge having jurisdiction over probate, inheritance, guardianships, and the like.

— Also termed judge of probate; surrogate; register; registry.

puisne judge (pyoo-nee). [Law French puisné “later born”]

1. A junior judge; a judge without distinction or title. • This was the title formerly used in English common-law courts for a judge other than the chief judge. Today puisne judge refers to any judge of the English High Court, apart from the Chief Justice.

2. See associate judge.

senior administrative patent judge. Patents. A semiretired administrative patent judge who remains active in hearing interferences in the U.S. Patent and Trademark Office. — Abbr. SAPJ.

senior judge.

1. The judge who has served for the longest time on a given court.

2. A federal or state judge who qualifies for senior status and chooses this status over retirement. See SENIOR STATUS.

side judge. Archaic. A judge — or one of two judges — of inferior rank, associated with a judge of a higher rank for the purpose of constituting a court.

special judge. A judge appointed or selected to sit, usu. in a specific case, in the absence or disqualification of the regular judge or otherwise as provided by statute. [Cases: Judges 13–19, 25. C.J.S. Judges §§ 161–183, 185.]

“Many, if not all, jurisdictions have made provision for the selection of a substitute or special judge to serve in place of the regular judge in the event of disqualification, voluntary recusal, disability, or other absence of the regular judge. The circumstances under which a special or substitute judge may act in place of the regular judge, and the manner in which such a judge may be chosen, are matters of purely local regulation, entirely dependent on local constitutions and statutes.” 46 Am. Jur. 2d Judges § 248, at 331 (1994).

temporary judge. See visiting judge.

trial judge. The judge before whom a case is tried. • This term is used most commonly on appeal from the judge’s rulings.

United States Magistrate Judge. See UNITED STATES MAGISTRATE JUDGE.

visiting judge. A judge appointed by the presiding judge of an administrative region to sit temporarily on a given court, usu. in the regular judge’s absence.

— Also termed temporary judge; judge pro tempore. [Cases: Judges 13–19, 25. C.J.S. Judges §§ 161–183, 185.]