Judge

A public officer lawfully appointed to decide ee 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 inissue.

See 4 Dall. 229; 3 Yeates, R. 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. 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, asin New York, durmg good behaviour or until they shall attain a certain age; and in others judge; before he gives an opinion or sits in judgment in a cause, he ought to be certain 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, 8 Co. 118; and when he is aware of such interest he ought himself to refuse to sit on the case. He must not only be impartial, but he must pay a blind obedience to the Jaw, 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, learned 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 the law, of justice and religion.” Cic. pro Cluentius. While acting within the bounds of his jurisdiction, the judge is not responsible for any error of judgment or mistake he may commit as a Judge. Co. Litt. 294; 2 Inst. 422. ide Com. Dig. Courts, B 4, C 2, E 1, P 16—Justices, I 1, 2, and 3; 14 Vin. Ab. 573; 2 Bac. Ab. 96; 1 Kent, Com. 291; Ayl. Parerg.

309; Story, Const. Index, h, t.