Aldermen; application for inclusion in the list of nominees

Lay judges are honorary judges. They are on an equal footing with the professional judges and decide together with them whether the defendant is guilty of a criminal offense and what sentence they receive. During the main hearing, lay assessors exercise their judicial office in full and with the same voting rights as the professional judges. Their participation in the administration of criminal justice is an important element of the democratic rule of law. The lay judges contribute their non-legal observations as well as their life and professional experience to the decisions of the courts. In this way, they make a valuable contribution to a generally understandable administration of justice and to the acceptance of judicial decisions.

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

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

The list of nominees should take appropriate account of all groups of the population in terms of gender, age, profession and social status.

The lay judges' election committees of the local courts then elect the lay judges for adult criminal cases from the lists of the municipalities and the lay judges for juvenile criminal cases from the lists of the youth welfare offices.

German citizens who have reached the age of 25 and are not older than 69 at the beginning of the term of lay judges can register for the list of nominees with their municipality or the youth welfare office responsible for their place of residence.

Persons should not be appointed to the office of lay judge if they are not suitable for the office for health reasons or due to a lack of sufficient command of the German language. Also excluded are persons who have been disqualified by a court from holding public office or who have been sentenced to more than six months imprisonment for an intentional crime.

Youth court judges should also be educationally qualified and experienced in the education of young people (e.g. parents, trainers, etc.).

Citizens who are interested in being a lay assessor can contact their municipality or the youth welfare office responsible for their place of residence.

A decision by the municipal council or the youth welfare committee is required for inclusion in the list of candidates.

The list of proposals is made public for one week. Objections to the list of nominees may be raised within one week on the grounds that the list of nominees includes persons who should not be appointed to the office of lay assessor or who are excluded from the office of lay assessor.

Election of lay judges

Aldermen are elected for a term of office of five years (current term of office: January 1, 2024 to December 31, 2028; next term of office: January 1, 2029 to December 31, 2033).

Once the list of nominees has been drawn up and submitted to the relevant local court, the committee for the election of lay assessors elects the required number of main and substitute lay assessors for the next five years by a two-thirds majority. This number is determined by the president of the district court in such a way that each principal alderman is expected to be called to a maximum of 12 sitting days per year. Alternate lay judges, on the other hand, are only deployed if one or more principal lay judges are unavailable.

The deadlines by which the municipalities or youth welfare offices accept applicants for the list of nominees vary.

For the next term of lay judges from January 1, 2029 to December 31, 2033, interested citizens can generally register with their municipality or the youth welfare office responsible for their place of residence at the beginning of 2028.