Application for the office of lay judge
Lay assessors are honorary judges in the criminal justice system at local and regional courts.
Description
During the main hearing, lay assessors exercise the office of judge in full and with the same voting rights as the professional judges participating in the hearing.
The preparation of the list of proposed lay judges by the district administration department for the term of office 2024 to 2028 has been completed.
The election for the next term of office (2029 to 2033) is a two-stage process:
- From probably January 2028, the district administration department will draw up a list of candidates from the number of Munich citizens eligible for election
- The final selection will then be made by the committee for the election of lay judges at Munich Local Court in the second half of 2028.
If you are interested in this honorary position for the term of office from 2029 to 2033, you can already register now without obligation.
Prerequisites
A new lay assessor notice is issued by the responsible ministry for each lay assessor election. The lay assessor announcement for the 2029 to 2033 term of office is expected to be available at the beginning of 2028.
The following requirements were met for inclusion in the list of proposed lay judges for the current term of office from 2024 to 2028
- german citizenship
- Main or secondary residence must be Munich
- Minimum age 25, maximum age 70 (at the start of the term of office on 1 January 2024)
- comprehensive knowledge of the German language
- good health condition
In addition, the person should be in good health to fulfil the office of lay assessor, not be insolvent and not have made an affidavit regarding their assets.
The following persons cannot be appointed:
- Persons who work full-time in or for the judiciary (e.g. judges and public prosecutors, notaries, lawyers). Public service employees are therefore also asked to state their specific occupation.
- Religious servants
- Persons who have been disqualified from holding public office by a court or who are the subject of preliminary proceedings with possible consequences
- Persons who have been sentenced to more than six months' imprisonment for an intentional offence
- Persons who were full-time or unofficial employees of the State Security Service of the GDR
Required documents
If you would like the application form to be sent to you, simply send us an informal message (by telephone, letter, fax or e-mail) with the following details:
- Surname, first name
- Date of birth
- current address in Munich
As soon as the new application form for inclusion in the list of proposed lay judges is available (around February 2028), we will send it to you automatically.
Questions & Answers
Employers may not dismiss lay assessors or discriminate against them in any other way simply because they have taken on or are holding office.
Exemption from a hearing is only possible if attendance would result in a serious economic disadvantage.
Lay judges are reimbursed for loss of earnings and, if applicable, compensation for disadvantages in household management.
If the number of lay assessors required is not reached through voluntary applications, people are drawn from Munich's register of residents in compliance with the legal requirements. In principle, anyone who fulfils the necessary requirements is obliged to accept and perform the office.
The following group of persons may decline the office:
- Members of the Bundestag, the Bundesrat, the European Parliament or a state parliament
- Doctors, dentists, nurses, midwives and pharmacy managers who do not employ another pharmacist.
- Activity as an honorary judge at another court
- Credible evidence that serving as a lay judge would cause particular hardship for you or another person, as it would jeopardise or significantly impair your sufficient economic livelihood
- Credible evidence that the exercise of the office makes it particularly difficult to provide direct personal care for the family
- Age of 70 years or reaching this age limit by 1 January 2029
- the obligation to serve as an honorary judge in the criminal justice system for 40 days in the 2024 to 2028 term of office has already been fulfilled
- uninterrupted service since 1 January 2019 as an honorary judge in the criminal law position
Before lay assessors take up office, they are prepared for their task. In a training course, they receive information about the court structure, the course of criminal proceedings, the penalties under the Criminal Code, their own role, their rights and duties.
In the local courts, where trials often only last one day, lay assessors are called to a hearing around twelve times a year. At the regional courts, it can also happen more often, as some trials can drag on for days or weeks.
A lay judge can be excused from a particular trial day if they are physically unable to attend (e.g. illness, accident) or cannot reasonably be expected to attend the hearing. The decision is made by the presiding judge.
Principal lay assessors are drawn by lot each year in advance for a specific hearing date or a specific criminal chamber and receive an annual summons for these dates. If a principal lay assessor is unable to attend one of these dates, an alternate lay assessor is called.
Legal basis
Art. 33 Basic Law - GG - of 21 July 2010 - Federal Law Gazette I p. 944 (civil rights); §36 Courts Constitution Act - GVG (list of proposals); §§32,34 GVG,§44a German Judges Act - DriG (reasons for conclusion)
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Bürgerbüro Auskünfte, Sperren
Please note the Corona regulations
Internet
Postal address
Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Bürgerbüro Auskünfte, Sperren
Ruppertstraße 19
80466 München
Fax: +49 89 233-44412
Address
Ruppertstraße 19
80337 München
Monday 7.30 a.m. - 1 p.m
Tuesday 8.30 am - 1 pm and 2 pm - 6 pm
Wednesday 7.30 a.m. - 1 p.m
Thursday 8.30 a.m. - 1 p.m. and 2 p.m. - 6 p.m
Friday 7.30 a.m. - 1 p.m
Accessibility
- Available:Barrier-free access
- Not available:Disabled parking