Lay Judges; Application for Inclusion on the Nomination List

Lay judges are volunteer judges. They have equal standing with professional judges and, together with them, decide whether the defendant is guilty of a crime and what sentence he or she will receive. During the trial, lay judges exercise their judicial duties to the full extent and with the same voting rights as professional judges. Their participation in the administration of criminal justice is an important element of a democratic state governed by the rule of law. Lay judges contribute their non-legal perspectives as well as their life and professional experience to the courts’ decisions. In this way, they make a valuable contribution to ensuring that judicial rulings are understandable to the general public and that court decisions are accepted.

Every five years, municipalities compile a list of nominees for lay judges in adult criminal cases.

The lists of nominees for appointment as lay judges in juvenile criminal cases (juvenile lay judges) are drawn up by the respective youth welfare committee at the youth welfare offices.

The list of nominees should give appropriate consideration to all segments of the population in terms of gender, age, occupation, and social status.

The lay judge selection committees of the local courts then select lay judges for adult criminal cases from the municipalities’ lists and lay judges for juvenile criminal cases from the lists provided by the youth welfare offices.

German citizens who have reached the age of 25 by the start of the lay judge term and are no older than 69 may register for the list of nominees with their local municipality or the youth welfare office responsible for their place of residence.

Persons who are unsuitable for the office of lay judge—for reasons such as health issues or insufficient command of the German language—shall not be appointed to this position. Also excluded are, among others, individuals who have been disqualified by a court from holding public office or who have been finally convicted of an intentional offense and sentenced to a prison term of more than six months.

Youth lay judges should also have educational qualifications and experience in youth education (e.g., parents, instructors, etc.).

Citizens interested in serving as lay judges may contact their local municipality or the youth welfare office responsible for their place of residence.

Inclusion on the list of nominees requires a decision by the municipal council or the youth welfare committee.

The list of nominees will be made available for public review for one week. Objections to the list may be filed within one week on the grounds that it includes individuals who should not be appointed as lay judges or who are ineligible for the position.

Citizens interested in serving as lay judges may contact their local municipality or the youth welfare office responsible for their place of residence.

Inclusion on the list of nominees requires a decision by the municipal council or the youth welfare committee.

The list of nominees will be made available for public review for one week. Objections to the list of nominees may be filed within one week on the grounds that the list includes individuals who should not be appointed as lay judges or who are ineligible for the office of lay judge.

Election of Lay Judges

Lay judges are elected for a five-year term (current term: January 1, 2024, through December 31, 2028; next term: January 1, 2029, through December 31, 2033).

After the list of nominees has been drawn up and submitted to the competent local court, the lay judge election committee elects the required number of regular and alternate lay judges for the next five years by a two-thirds majority. The president of the regional court determines this number so that each regular lay judge is expected to be called upon for no more than 12 court days per year. Alternate lay judges, on the other hand, are only called upon if one or more regular lay judges are unable to serve.

The deadlines by which municipalities or youth welfare offices must include applicants on the list of nominees vary.

For the next lay judge term, from January 1, 2029, to December 31, 2033, interested citizens can generally contact their municipality or the youth welfare office responsible for their place of residence in early 2028.