de facto judge

de facto judge
One who exercises the duties of the judicial office under color of an appointment or election thereto; one who exercises such duties, first, without a known appointment or election, but under such circumstances of reputation or acquiescence as are calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the judge he assumed to be; or, second, under color of a known and valid appointment or election, but where the person appointed or elected judge has failed to conform to some precedent, requirement, or condition, such as to take an oath, give a bond, or the like; or, third, under color of a known election or appointment, void because the person appointed or elected judge was not eligible or because there was a want of power in the electing or appointing body or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public; or, fourth, under color of an election or appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be unconstitutional. 30A Am J Rev ed Judges § 229.

Ballentine's law dictionary. . 1998.

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  • de facto judge — n. Someone who performs the duties of a judge but who does not have legitimate judicial authority. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

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  • judge de facto — See de facto judge …   Ballentine's law dictionary

  • judge de facto — One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the… …   Black's law dictionary

  • judge de facto — One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the… …   Black's law dictionary

  • de facto — de fac·to 1 /di fak tō, dā , dē / adv [Medieval Latin, literally, from the fact]: in reality: actually these two constraints have been lifted, one de facto and one de jure Susan Lee de facto 2 adj …   Law dictionary

  • de facto — /diy faektow/ In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office,… …   Black's law dictionary

  • de facto — /diy faektow/ In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office,… …   Black's law dictionary

  • Ex post facto law — An ex post facto law (from the Latin for after the fact ) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the… …   Wikipedia

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