What to call a Judge

Our constitution is a patchwork of law and custom: and that is reflected in the way we address our Judges. If a justice system were being set up from scratch, the powers that be might have tried to be consistent.

So if you are in front of a bench of magistrates, you address the magistrate chairing the bench as "Sir" or "Madam". Some lawyers address them as "Your Worships" although a magistrate is not strictly entitled to be so-called unless that magistrate happens also to be a Mayor.

District Judges, likewise, are addressed as "Sir" or "Madam". I once read somewhere that "Madam" could be shortened to "Ma'am" (to rhyme with ham) on the basis that what is good enough for the Queen is good enough for one of her judicial representatives.

I have never discovered a satisfactory way of referring to District Judges in the accusative. "Has Sir read the papers?" sounds awful. But custom says that one is not supposed to address the court as "you". Nor, incidentally, should one ask a direct question of the court. "I wonder whether Sir has read the papers" sounds equally bad, not least because its directness has not entirely been lost. it might embarrass the Judge who has NOT had such an opportunity. I tend to cheat on such occasions by saying something like "I wonder whether the court has had an opportunity to consider the contents of the mother's statement dated x". A little long-winded but better form.

And how often should we use the form of address, whatever it may be? A question I am often asked by clients. In the first criminal trial I ever saw, a police officer (no doubt very used to giving evidence) answered with "Your Honour" at the end of every answer. "Yes, Your Honour", "No, Your Honour". It sounded rehearsed. My advice to clients tends to be: use the form of address as often as an intelligent sixth former would use it in addressing the Headmaster.

I will consider the way we address other kinds of Judge in a later post.