Family law judges can be appointed or elected, but all require training and knowledge in family law. They preside over family courts, making complex decisions with compassion and practical wisdom. In the UK and EU, judges are appointed based on their records as family law attorneys, while in the US, some are appointed by governors and others are elected. Candidates must meet strict requirements and follow rules set by their jurisdiction.
In most places, you can become a family law judge in one of two ways: by appointment or by election. In any case, some training and knowledge in family law is almost always required. All family law judges start out as family law attorneys and most have spent significant time in practice.
It is rare for a jurisdiction to set detailed requirements for becoming a family law judge, but judges generally have extensive experience in litigation and family law practice. To be an effective family law judge, you will need to understand the complexities of the cases that will come before you. You will also need to convince those responsible for your selection that you have the expertise to do the job well. This kind of knowledge is usually achieved through experience.
The primary function of a family law judge is to preside over a family court. The family court is, in almost all cases, where families are torn apart: it is where divorces are decreed, restraining orders against spouses issued, and the custody and care of children decided. Being a family law judge requires knowledge of the law, but also compassion and a degree of practical wisdom. The ability to emotionally detach from difficult decisions is also often helpful.
In most countries, judges of all courts, including family law courts, are selected on the basis of appointment by some legal council body or official. For example, in the United Kingdom, a government official known as the Lord High Chancellor is in charge of arranging court appointments. Most of the time, family law judges are selected based on their records serving as family law attorneys.
A similar system exists in much of the European Union (EU). Each country appoints its own family law judges from among its top family law lawyers. A family law judge in an EU country may work in the family law courts of their own country, or they may be sent to work in larger, comprehensive EU courts, usually on a rotating basis. Each of the EU countries has its own selection criteria for judges; selection almost always requires a degree from a national law school and a certain number of years of formal training in family law.
Some appointments are made based solely on a lawyer’s reputation, but not always. Family attorneys who wish to be considered for court positions can bring their candidacy to the attention of selection officials in a number of ways. Some countries receive open invitations for nominations. Almost all will allow motivated attorneys to meet with the selection body to plead their case. You will need to contact your local legal counsel to determine how best to promote your own judicial candidacy.
Things are a little different in the US. Some family law judges are appointed, usually by state governors, but many are also elected. Different states have different policies. In electoral jurisdictions, a person wishing to become a family law judge must declare an intention to run several months before the election. Some jurisdictions allow judges to claim party affiliations, but not all do.
If you wish to become a family law judge in an electoral jurisdiction, it is a good idea to obtain a copy of your jurisdiction’s nomination and election requirements well in advance of any deadline. Jurisdictions often have strict rules about what kind of credentials and legal training you must have in order to apply. There are usually rules regarding the election that you must follow as well. Rules are usually available from the local electoral board and also from the bar association.
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