Proper Addressing of Judges in Courtroom Settings

In various legal contexts, addressing judges appropriately is an important aspect of courtroom etiquette. Whether in the UK, the United States, or any commonwealth country, certain terms and titles are used to show respect and adherence to legal protocol. This article aims to clarify how to address judges in different settings, both inside and outside the courtroom.

Addressing Judges in the UK and Commonwealth Countries

In the United Kingdom and other commonwealth countries, the traditional form of address for judges is “Your Honor.” This term is used when judges are presiding over court trials. However, in recent years, the use of alternative titles such as “Madam” or “Sir” has become more common, reflecting a broader range of gender identities on the bench. In a 1992 legal drama, “A Few Good Men,” the main character, Colonel Nathan Jessup, disrespectful omits the title “Judge” or “Your Honor,” which is considered a significant faux pas. The judge, Brigadier General Julius Randolph, reprimands Jessup for this mistake, highlighting the importance of showing due respect when addressing judges.

Proper Legal Etiquette in the UK

When judges are presiding over court trials, the appropriate form of address is “Your Honour.” This is not only a sign of respect but also maintains the formal and legal atmosphere of the proceedings. In tribunals, judges are addressed as “Judge.” It is important to note that judges are trained to handle such lapses in etiquette with professionalism. They will not be offended if you get the term of address wrong, as people often use inappropriate terms of endearment out of nervousness or unfamiliarity with formal titles.

In writing, it is customary to address judges as “Honorable [Last Name],” followed by the appropriate title on the next line. For example, “Honorable [Last Name], Circuit Judge.” This format helps to reinforce the professional and respectful tone of written correspondence with the judiciary.

Addressing Judges in the United States

In the United States, judges are addressed as “Your Honor.” This is always the case, regardless of the judge's place in the hierarchy of the court. Outside the courtroom, and if a judge informs you to use a different form of address, such as by their first name, you should comply. Otherwise, “Your Honor” is the respectful term to use.

California’s Specific Etiquette

In the state of California, it is customary to address judges as “Your Honor.” This practice is deeply rooted in legal tradition and demonstrates a high level of respect for the bench. Judges in California often have “Judge [Last Name]” signs, especially if their names are not listed on their name plaques. This serves as a constant reminder to courtroom participants to use the correct form of address.

It is important to remember that judges must preserve the respect due to the court, and this can even be enforced by law. Pursuant to California Government Code Section 68110, judges cannot even take the bench without the appropriate judicial robe, ensuring a formal and respectful setting.

Handling Mistakes in Addressing Judges

Mistakes in addressing judges are not uncommon, especially for those who are not familiar with the courtroom environment. However, judges are typically lenient in such cases, especially when the mistake is made out of nervousness or inexperience. If you mistakenly refer to a judge as “your worship” or by their first name, the bailiff may intervene to correct you. A good judge will also allow such lapses to pass without further comment.

It is crucial to get the judge's name correct, particularly in appellate courts where judges have high expectations for professional preparation. This is especially important in the Supreme Court, where judges expect the highest degree of preparation and clarity. Misrepresenting a judge's name in legal documents can lead to serious legal repercussions and undermine the integrity of the judicial process.

Real-Life Examples and Court Etiquette

While there are often courteous judges, there are also instances where judges can come across as rigid or unyielding. For example, in a situation where a person is late for court, a judge may handle it with severity. In my experience as a temporary judge in Los Angeles County Superior Court, I once encountered a man who was disrespectful and late for work, leading to his temporary ejection from the courtroom. A good judge will use such incidents to teach respect within the courtroom.

It is also noteworthy that the use of the term "Judge Judy," a popular reality TV show, is not indicative of real-life courtroom decorum. Most judges are reserved and prefer a courtroom environment that fosters respect and professionalism over public shaming or dramatics.

Summary

Whether in the UK, the United States, or any other jurisdiction, addressing judges appropriately is a fundamental aspect of courtroom etiquette. Whether inside or outside the courtroom, always use “Your Honor” or “Judge [Last Name]” to show respect for the judicial system. In cases where you are uncertain about the correct form of address, it is better to err on the side of caution and use “Your Honor.” By doing so, you ensure that your interactions with the judiciary maintain the highest standards of professionalism and respect.