A.T. Robertson Commentary James 2:4

"Do ye not make distinctions among yourselves, and become judges with evil thoughts?" — James 2:4 (ASV)

Are ye not divided in your own mind? (ου διεκριθητε εν εαυτοισ; ). First aorist (gnomic) passive indicative of διακρινω, to separate, conclusion of the third-class condition (future) in a rhetorical question in the gnomic aorist (as if past) with ou expecting an affirmative answer. For this idiom (gnomic aorist) in a conclusion of the third-class condition see 1 Corinthians 7:28. "Were ye not divided in (among) yourselves?" Cf. 1:6; Matthew 21:21.

Judges with evil thoughts (κριτα διαλογισμων πονηρων). Descriptive genitive as in 1:25. Διαλογισμος is an old word for reasoning (Romans 1:21). Reasoning is not necessarily evil, but see Mt 15:19 (πονηρο) and Mr 7:21 (κακο) for evil reasonings, and 1 Timothy 2:8 without an adjective. See James 1:8; 4:8 for διψυχος. They are guilty of partiality (a divided mind) as between the two strangers.