JUDGE. A public officer lawfully ap pointed to decide litigated questions accord ing to law.
An officer 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. Penn. 229; 3 Yeates, Penn. 300. In ordinary legal use, however, the term is limited to the sense of the second of the definitions here given, 15 Ill. 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.
2. Judges are appointed or elected in a vari ety of ways in the United States. For the fede ral courts they are appointed by the presi dent, 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. See 11 Ind. 357; 29 Penn. St. 129; 2 Greene, lows, 458; 6 Ired. No. C. 5. The judges of the federal courts and of the courts of some of the states hold their offices during good behavior, see 3 Cush. Mass. 584; of others, as in New York, during good behavior, or until they shall attain a certain•age; and of others, for a limited term of years. See 30 Miss. 206.
Impartiality• is the first duty of a judge: if he has any (the slightest) interest in the cause, he is disqualified from sitting as judge; aliquis non debet ease judex in propria causti, 8 Coke, 118 ; 6 Pick. Mass. 109 ; 21 id. 101; 5 Mass. 92 ; 13 id. 340 ; 14 Serg. & R. Penn. 157 ; 4 Ohio St. 675 ; 17 Ga. 253; 17 Barb.
N. Y. 414 ; 22 N. II. 473 ; 19 Conn. 585 ' • see 32 Miss. 148 ; 16 Ark. 196 ; 27 Ala. N. s.423; 22 Conn. 178 ; 5 N. Y. 389 ; 1 Spence, N. J. 457 ; 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 A. K. Marsh. Ky. 517 ; Coxe, N. J. 164. See 2 Binn. Penn. 454 ; 5 Ind. 230. But the delicacy which characterizes the judges in this country, generally, forbids their sitting in such a cause. Judges consider it their duty, also, to declare and expound the law, not to make it. 10 Ga. 190.
3. While acting within the bounds of his jurisdiction, the judge is not responsible for any error of judgment or mistake he may commit as judge, Coke, Litt. 294 ; 2 Dalt Penn. 160; 2 Nott & M'C. So. C. 168 ; 1 Day, Conn. 315 ; 1 Root, Conn. 211 ; 5 Johns. N. Y. 282 ; 9 id. 395 ; 11 id. 150 ; 3 A. K. Marsh. Ky. 76; 1 South. N. J. 74 ; 1 N. H. 374; hut when he acts corruptly he may be impeached. 5 Johns. N. Y. 282 ; 8 Cow. N. Y. 178 ; 4 Dail. Penn. 225.
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 capa ble of impartially deciding on the admissi bility of his own testimony; or of weighing it against that of another. 2 Mart. La. x. s. 312 ; 2 Cal. 358. See Comyn, Dig. Courts (B 4), (C 2), (E 1), (P 16), Justices (I 1, 2, 3) ; Bacon, Abr. Courts (B) ; 1 Kent, Comm. 291; Story, Conat.; CHARGE.