Axel Theodor Næss (19 December 1874 – 4 December 1945) was a Norwegian judge.
He was born in Mandal to printer and editor Anton August Næss and Angelica Thekla Schleusz.
He graduated as cand.jur.
in 1896, and was named as a Supreme Court Justice from 1927.
He was a member of the supervisory council for Botsfengselet from 1920.