So you are telling me the authors of the 14th amendment never intended for Jefferson Davis to be banned from holding office? That would seem to be absolutely nonsensical to me.
The 14th amendment doesn’t say how it’s to be enforced, so we have to figure out a way to make it work in a practical way.
So yeah, a judge can decide I think. Relyijg on convictions of insurrection is not a practical way, given the only time we both agree there was an insurrection, it seems almost no one was convicted of insurrection.