As a link between state and society, lay judges ensure that the people participate in the administration of justice. For the new term of office, volunteers are now desperately needed throughout Germany. The hurdles for an application are low.
They have a say in the guilt or innocence of an accused - and usually have no prior legal knowledge: lay judges sit on the bench in criminal trials on an equal footing with professional judges. If a verdict is pronounced "in the name of the people", the volunteers should bring in this voice of the people. The application process is currently running nationwide. In North Rhine-Westphalia alone, around 10,000 lay judges are needed for the new term of office from 2024 to 2028. However, twice as many applicants are needed for the suggestion lists. In Baden-Württemberg, around 7,000 vacancies have to be filled, in Leipzig there are up to 1,500 and in Brandenburg more than 2,200. 9,800 applicants are being sought for 4,200 jury offices in Hamburg.
The formal requirements for the office are low: Applicants must be between 25 and 69 years old, be German nationals and be in good health. "Soft skills" such as knowledge of human nature, a sense of responsibility, objectivity and a sense of justice are also desirable. Because at the end of the day, lay judges have to intervene deeply in the life of another person. Therefore, not only the association of lay judges hopes that there will be a sufficient number of applicants everywhere. Where this is not the case, citizens are selected at random and put on the suggestion list. In the previous election in 2018, about 20 percent of the candidates were "conscripted". There is, of course, the danger that there will be people sitting on the judges' bench who are demotivated and don't want to," says the NRW state chairman of the association, Michael Hassdenteufel.
Those who are elected lay judges have almost no chance of refusing the office. Conversely, in some places there is concern that right-wing extremists, for example, could secure a jury office in order to influence judgments in their favor. "If the municipalities have any doubts about an applicant's loyalty to the constitution, they are free to contact the state security services of the police in addition to the Office for the Protection of the Constitution," explains the NRW Ministry of Justice when asked by the dpa. Federal Minister of Justice Marco Buschmann recently presented a draft law that would require honorary judges to be loyal to the constitution. For alderman representative Haßdenteufel, the topic poses a dilemma: Unless a person is obviously right-wing, it is almost impossible, especially in big cities, to check their loyalty to the constitution.
Lower Saxony handles it like this: "Applicants should be asked to commit to the free and democratic basic order," Justice Minister Kathrin Wahlmann told the German Press Agency in January. In addition, it should be asked whether they agree to a possible review by the Office for the Protection of the Constitution. "This is intended to deter extremists as much as possible," said the SPD politician. "It is a great responsibility to judge "in the name of the people"," Baden-Württemberg's Justice Minister Marion Gentges from the CDU recently said about the importance of the lay judges. Procedures can burst if deadlines are not met within legal deadlines. The volunteers can be used in up to twelve processes per year, which often consist of several days of negotiations. Employers must be released by their employer for this.
Each verdict is passed by a two-thirds majority of the members of the court. No accused can therefore be convicted against the votes of both lay judges. "Committed discussions are often held between professional and lay judges, after which a result is finally reached," reports Jan Orth, spokesman for the Cologne Regional Court and himself a long-time judge. He appreciates the "view from the outside" that the lay judges bring with them. Joachim Bülter, who was the presiding judge of a large criminal division at the Hamburg district court for a long time, however, points out that the process material is now often so extensive and sometimes complicated that it is difficult for lay judges to understand it.
The procedures sometimes lasted up to a year or longer. "The alderman system dates back to an earlier century." The reality of the court has changed significantly. "I find it exciting that "common sense" is allowed to have a say," says a 61-year-old woman who applied to be a lay judge in Sauerland. She sees the office as a good opportunity to get involved socially - "although some cases will certainly get under my skin".
