Lay judges

Lay judges are drawn by lot for the individual case on the basis of lists of people designated by the municipal council after each municipal election. The term of office is four years.

To be a lay judge, you must be at least 18, be reliable, and be eligible for election to the council in municipal elections. Section 76, first subsection of the Courts of Justice Act states that:

"Nominations for members of the jury and lay judges should include only people who on the basis of their high moral character, skill and independence are regarded as especially suited to the office, and who will not because of inadequate knowledge of the Norwegian language or for other reasons have difficulties in fulfilling the duties that the office entails."

When the Court of Appeal is to determine the question of guilt in a criminal case, and the court does not, due to the gravity of the case, sit with a jury, the court is to sit with four lay judges, two men and two women. In some civil cases, too, the Court of Appeal may sit with lay judges, possibly in combination with expert lay judges. The lay judges have the same responsibility and authority as the professional judges, and are bound in the same way as the professional judges by the legal rules that apply in the area. Service as a lay judge is therefore – as for professional judges – a serious and responsible social duty.

For lay judges, the same rules on impartiality apply as for professional judges. It is therefore important for lay judges who have been drawn by lot for a case to notify the court as soon as possible if any issues such as kinship, relationships by marriage, friendship, business connections or other matters could cast doubt on their impartiality. This applies as a basic principle in relation to everybody who takes part in the case.

A lay judge who is drawn by lot to serve in a case may apply for exemption from service, but the conditions for exemption are extremely strict. A link to more detailed information about conditions for exemption appears below "Related information" on the right. A lay judge who has been drawn by lot and who has not been exempted from service is obliged to attend the court hearing. Alternate (substitute) lay judges who have been drawn by lot do not usually have an obligation to attend unless they have received a specific order to attend, but must ensure that they are available at short notice.

Lay judges are entitled to an allowance, currently NOK 250 per day, or to cover their loss of earnings, which must then be documented. Lay judges are also entitled to reimbursement for travel expenses and a daily subsistence allowance. A link to more detailed information about the allowance and travel expense report appears under "Related information" on the right.