Garner on terminology

GarnerGarner’s Modern American Usage is a reference you should all have.

“Garner’s Usage Tip of the Day

judge; justice.

In American English, as a general rule, judges sitting on the highest appellate level of a jurisdiction are known as “justices.” Trial judges and appellate judges on intermediate levels are generally called “judges,” not “justices.”

New York and Texas depart from these rules of thumb. In New York, “justices” sit on the trial court of general jurisdiction (called the Supreme Court, oddly), whereas “judges” sit on the appellate courts. In Texas, “justices” sit on the courts of appeals (between the trial court and the Supreme Court — the latter being the highest civil court, which is also composed of “justices”); “judges” sit on trial courts and on the Court of Criminal Appeals, the highest criminal court.

H.W. Horwill wrote that “‘judge’ carries with it in America by no means such dignified associations as it possesses in Eng. It may mean [in American English] no more than a magistrate of a police court.” Modern American Usage 180 (2d ed. 1944). “Justice” may also denote, in American and British English alike, a low-ranking judge or inferior magistrate, as in the phrases “justice of the peace” and “police justice.””

2 thoughts on “Garner on terminology

Leave a Reply to Leslie Budewitz Cancel reply