judge

A public officer lawfully appointed to decide litigated questions according to law. An ofiicer so named in his commission, and who presides in some court.

In its most extensive sense, the term includes all officers appointed to decide litigated questions while acting in that capacity, including justices of the peace, and even jurors, it is said, who are judges of the facts. 4 Dall. (Pa.) 229; 3 Yeates (Pa.) 300. In ordinary legal use, however, the term is limited to the sense of the second of the definitions here given (15 111. 388), unless it may be that the case of a justice or commissioner acting judicially is to_ be considered an extension of this meaning. See 3 Cush. (Mass.) 584.

A publlc officer, appointed to preside and to administer the law in a court . of justice; the chief member of a court, and charged with the control of proceedings and the decision of questions of law or discretion. Todd v, U. S., 158 In S. 278, 15 Sup. Ct 889, 39 L. Ed. 982; Foot v. Stiles, 57 N. Y. 405; In re Lawyers' Tax Cases, 8 Heisk. (Tenn.) 650. "Judge" and "Justice" (q. v.) are often used in substantially the same sense.

— Judge advocate. An officer of a court-martial, whose duty is to swear in the other members of the court, to advise the court, and to act as the public prosecutor; but he is also so far the counsel for the prisoner as to be bound to protect him from the necessity of answering criminating questions, and to object to leading questions when propounded to other witnesses.

— Judge advocate general. The adviser of the government in reference to courts-martial and other matters of military law. In England, he is generally a member of the house of commons and of the government for the time being

— Judge de facto. One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has nor taken the oath of office. State v. Miller, 111 Mo. 542, 20 S. W. 243; Walcott v. Wells, 21 Nev. 47, 24 Pac. 367, 9 In R. A. 59, 37 Am. St. Rep. 478; Dredla v. Baache, 60 Neb. 655, 83 N. W. 916 ; Caldweli v. Barrett, 71 Ark. 310, 74 S. W. 748.

— Jndge-made law. A phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is sometimes used as meaning, simply, the law established by judicial precedent. Cooley, Const. Lim. 70, note.

— Judge ordinary. By St. 20 & 21 Viet. c. 85, § 9, the judge of the court of probate was made judge of the court for divorce and matrimonial causes created by that act, under the name of the "judge ordinary." In Scotland, the title "judge ordinary" is applied to all those judges, whether supreme or inferior, who, by the nature of their office, have a fixed and determinate jurisdiction in ali actions of the same general nature, as contradistinguished from the old Scotch privy council, or from those judges to whom some special matter is committed ; such as commissioners for taking proofs, and messengers at arms. Beil.

— Judge's certificate. In English practice. A certificate, signed by the judge who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, this is a necessary preliminary to the taxing of costs for such party. A statement of the opinion of the court, signed by the judges, upon a question of law submitted to them by the chancellor for their decision. See 3 Bl. Comin. 453.

— Judge's minntes, or notes. Memoranda usually taken by a judge, while a trial is proceeding, of the testimony of witnesses, of documents offered or admitted in evidence, of offers of evidence, and whether it has been received or rejected, and the like matters.

— Judge's order. An order made by a judge at chambers, or out of court.

A public officer authorized by law to hear and determine causes, and who holds courts statedly for that purpose; a person who presides in a court of judicature, either solely or with associate judges. Judge advocate: an officer of a court-martial, who combines the character of adviser to the court with that of public prosecutor.

A public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control] of proceedings and the decision of questions of law or discretion. “Judge” and “justice” (q. ¥.) are often used in substantially the same sense.

8 A public officer whose function is to declare the law, to administer justice in ' Hart V. Aldridge, 1 Cowp. 55 (1774), Mansfield, C. J. ' See Hadley, Eom. Law, 60. Eussell V. Smith, 9 M. & W. *818 (1848). * Eex V. Phillips, 1 Bur. *304 (1757). 'Eeynolds v. Hoxsie, 6 E. I. 468 (1860); 1 Story, Eq. §§ 49-50; Bacon, Aph. 96; 12 C. B. 413; 17 Mass. 310; Broom, Max. 81, 84, See Virginia v. Eives, 100 U. S. 316 (1879). '4B1. Com. 8. See 64 Pa. 184 85; 93 N. T. 896; 59 Tex. 447; 6 Q. B. 753; 18 id. 421. a court of law, to conduct the trial of causes between litigants according to legal forms and methods. 1 As sometimes used, includes any officer appointed or commissioned to decide a litigated question or questions: as, a justice of the peace, a referee, master, arbitrator. It is in this sense that jurors are said to be " judges of the fact." 2 Frequently interchanged with "justice." See Justice, 3. Originally, the king determined causes; but in time he delegated the power to judges of his courts, which powei'ls merely an emanation of the royal prerogative. A judge is the law's vicegerent; he is the law speaking.' Associate judge or justice. A fellow member of a court, learned (or unlearned) in the law, and of equal (or unequal) authority in the decision of causes. Chief or president judge or justice. The member of a court who presides at its sessions and in its deliberations, directing the business before it, assigning causes to his associates for written opinions of the court, signing orders, and the like. See Learned. The supreme court is composed of a chief justice and eight associate justices; any six of whom constitute a quorum.* Various courts of appeal are composed of a chief justice and associate judges or justices. " Associate " does not here import inferiority in any sense. But it is otherwise where the associates are laymen: then, while the laymen are judges, and consult with the jjresident judge, their authority is inferior, and they do not have an equal vote. Law judge. A judge learned in the law; £18 opposed to a judge, perhaps an " associate " justice, who has not had legal training. See J. Senior judge. In the Ohio act of April 7, 1883, the judge who has served the longest under his present commission. In Nevada, the senior justice in commission is chief justice, and when the commissions of any two bear the same date, they determine by lot who shall be chief justice. In Kentucky, the judge having the shortest time to serve is styled the chief justice. Similar provisions are found in California, Georgia, Michigan, Mississippi, Missouri, Nebraska, Oregon, and West Virginia, while in nineteen States there is no provision for the selection of a chief justice, no such offtcer seeming to be known, and in the remainingSee Opinion of Commission, 57 N. T. 405 (1874); 8 Heisk. 650. = See 4 Call. *339; 3 Yates, 314; 3 Cush. 584. States the matter is either determined by the governor. or by the legislature, or the choice is made by the court itself. In the newer States of the west and south, the policy of short determinate terms is favored, while in many of the older Atlantic States the policy of priority by reason of service is recognized. The policy of Ohio accords with the former class." The duties of a judge, in forming his judgment, are: to gather the materials (facts, law, authorities) on which to form his opinion; to estimate authorities at their proper value as guides; to solve the diflftculties presented; and, aided by his own knowledge and reason, and the arguments of counsel, with an unprejudiced mind to make a decision; and, in so doing, to regard the nature of the case, as new, as within some rule, or as governed by precedent Maxims: a judge is to expound, not to make, the law; must hear both sides; cannot punish an injury done to himself; cannot be a witness or a judge in his own cause; is not to act upon his personal judgment or from a dictate of private will, but to pronounce according to law and justice; ought ever to regard equity; should have two salts: the salt of wisdom and the salt of conscience. See Discretion, 5. The power and jurisdiction of a judge constitute the office of a judge. The constitutional grant of this po iver is incapable of any limitation but that attached to the grant; and the object is to secure independence in the judiciary. But the aggregate of the duties of a judge maybe diminished by the division of his district or by the election of an assistant." Upon a judge as such no functions can be imposed except those of a judicial nature. Judicial authority, conferred upon a court, is to be exercised by the judges organized as a court.* All judicial officers are exempt from liability tor their judicial acts done within their jurisdiction; and judges of subordinate and general authority are exempt even where the judicial act is in excess of their jurisdiction, unless, perhaps, when done maliciously or corruptly. Judges of linlited and inferior authority are protected when they act within their jurisdiction.' It is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, should be free to act upon his own convictions, without apprehension of personal consequences to himself. This rule exists for the benefit of the public, and was established to secure the independence of the judge. ShouldState ex rel. Belford v. Hueston, 44 Ohio St. 5, 10-11 (1886), Spear, J. ' [Ham, Leg. Judg. 4.] Commonwealth v. Gamble, 68 Pa. 343 (1869). See Commonwealth -u. Hardmg, 87 id. 343(1878); Bredin's Appeal, 109 id. 337(1885). * United States v. Ferreira, 13 How. 40 (1851); 2 Dall. 409; 19 Wall. 107, 6oB'; 6 Kan. 500; 114 Mass. 247. On exercising executive powers, see 3 Kan. Law J. 306-16, 354 (1885), cases. 1 Randall v. Brigham, 7 Wall. 535-39 (1868), cases. Field, J. See also Lange v. Benedict, 78 N. Y. 25-37 (1878), cases; Rains v. Simpson, 50 Tex. 495, 498-500 he act witli partiality, maliciously, corruptly, arbitrarily, or oppressively, he may be removed from office by impeachment, and vote of the legislature, i No man can be a good judge who does not feel free to follow the dictates of his own mind. In a country where the people rule, and where popular clamor is apt to sway the multitude, nothing is more important than that the judges should be kept independent. The settled law of the Supreme Court is that where any judicial officer, a justice of the peace included, acts within his jurisdiction, he is not amenable to a civil action for damages. TTig motives cannot be inquired into.' An act may be so entirely in excess of jurisdiction as to make it the arbitrary or unlawful act of a private person.* See Bbibeet; Certificate; Charge, 2 (2, c); Coubt; Decision; Gown; Jodgment; Judicial; Jurisdiction, 2; Jury; Jus, Dicere; Legislation, Judicial; Notes, 1; Opinion, 3; Prejudice: Preside.

who shall reside within his circuit, and the district judge of the district where the circuit court is held; and may be held by any one of the three sitting alone, or by any two sitting together; but a district judge cannot vote on appeal or error from his decision. The Circuit Courts have and an a Ken is a party, or the suit is between a citizen of the State where it is brought and a citizen of another State, or of suits in equity involving $500, where the United States are petitioners, or at common law where the United States, or any officer thereof suing under the authority of any act of Congress, are plaintiffs; of suits under import, internal revenue, and postal laws; of patent and copyright suits, suits against national banks, suits in bankruptcy, and in divers other cases. They have appellate jurisdiction from the District Courts in cases involving $50, of equity, admiralty, or maritime jurisdiction. The Circuit Court meets at least twice a year in every district. 106. The

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.