Judge is the generic descriptive name given to those who are invested with the power of judging and deciding causes in the highest courts of common law. In Great Britain—though it is otherwise in America—it is not usual to designate the highest class of judges by the epithet of judge, and British lawyers never do so. Thus, instead of saying Judge Blackstone, Judge Pollock, Judge Eldon, the proper description is Mr Justice Blackstone, Chief-baron Pollock, Lord Chancellor Eldon, &c., according to the particular court in which they presided. In Scotland the usual prefix to the name of a judge is Lord; and the judges there, on their appointment, often assume territorial titles in addition to the prefix 'Lord'; Robert Macfarlane, for instance, becoming Lord Ormidale, whilst his wife remained Mrs Macfarlane. In England the judges of the superior courts are only called lords while they sit in court or in chambers. The practice has long been for the crown to confer the honour of knighthood on all the judges of the superior courts of law and equity in England, but not in Ireland or Scotland. All the superior judges are appointed by the crown, and since the Act of Settlement (1701) have held their offices during good behaviour; since 1 Geo. III. chap. 23, they have also continued to hold their appointments notwithstanding the demise of the crown. They can only be removed from their office on the address of both Houses of parliament. They are disqualified from sitting in the House of Commons. Judges in England may sue and be sued in their own courts, but none may be judge in his own case. No action may be brought against the judge of a superior court for anything done in his judicial capacity. Judges of inferior courts are liable to be sued, but only when they have acted in bad faith, or beyond the bounds of their jurisdiction. The term judge is the proper title of the judges of the county courts established in England in 1846. In Scotland the phrase is often applied to all judges, superior and inferior, whenever they have a fixed and determinate jurisdiction, in contradistinction to commissioners, who have an occasional and temporary judicial authority delegated to them.
In the United States the judges of the supreme court are appointed by the president with the consent of the senate; in the courts of the several states they are either appointed by the executive, elected by the legislature, or, as in most states of late years, chosen directly by popular suffrage. A judge is not liable to a civil action for acts performed as part of his official duty, but he may be impeached for any high crime or misdemeanor.