How the Federal Courts Are Organized
Federal judges and how they get appointed
Supreme Court justices and court of appeals and district judges are appointed to office by the President of the United States, with the approval of the U.S. Senate. Presidents most often appoint judges who are members, or at least generally supportive, of their political party, but that doesn’t mean that judges are given appointments solely for partisan reasons. The professional qualifications of prospective federal judges are closely evaluated by the Department of Justice, which consults with others, such as lawyers who can evaluate the prospect’s abilities. The Senate Judiciary Committee undertakes a separate examination of the nominees. Magistrate judges and bankruptcy judges are not appointed by the President or subject to Congress’s approval. The court of appeals in each circuit appoints bankruptcy judges for fourteen-year terms. District courts appoint magistrate judges for eight-year terms.
Here are some frequently asked questions regarding federal judges.
What is an Article III judge?
Are there judges in the federal courts other than Article III judges?
How many federal judges are there?
What are the qualifications for becoming a federal judge?
Can a federal judge be fired?
Why are some federal judges protected from losing their jobs and having their pay cut?
For judges who are appointed for life, what safeguards ensure that they remain fair and impartial?
When do judges retire?
How are cases assigned to judges?
What is an Article III judge?
The U.S. Supreme Court, the federal courts of appeals and district courts, and the U.S. Court of International Trade are established under Article III of the Constitution. Justices and judges of these courts, known as Article III judges, exercise what Article III calls "the judicial power of the United States."
Are there judges in the federal courts other than Article III judges?
Bankruptcy judges and magistrate judges conduct some of the proceedings held in federal courts. Bankruptcy judges handle almost all bankruptcy matters, in bankruptcy courts that are technically included in the district courts but function as separate entities. Magistrate judges carry out various responsibilities in the district courts and often help prepare the district judges’ cases for trial. They also may preside over criminal misdemeanor trials and may preside over civil trials when both parties agree to have the case heard by a magistrate judge instead of a district judge. Unlike district judges, bankruptcy and magistrate judges do not exercise "the judicial power of the United States" but perform duties delegated to them by district judges. The judges on the U.S. Court of Federal Claims are also not Article III judges. Their court is a special trial court that hears mostly claims for money damages in excess of $10,000 against the United States. With the approval of the Senate, the President appoints U.S. Court of Federal Claims judges for fifteen-year terms.
How many federal judges are there?
Congress authorizes a set number of judge positions, or judgeships, for each court level. Since 1869, Congress has authorized 9 positions for the Supreme Court. It currently authorizes 179 court of appeals judgeships and 678 district court judgeships.(In 1950, there were only 65 court of appeals judgeships and 212 district court judgeships.) There are currently 352 bankruptcy judgeships and 551 full-time and part-time magistrate judgeships. It is rare that all judgeships are filled at any one time; judges die or retire, for example, causing vacancies until judges are appointed to replace them. In addition to judges occupying these judgeships, retired judges often continue to perform some judicial work.
What are the qualifications for becoming a federal judge?
Although there are almost no formal qualifications for federal judges, there are some strong informal ones. For example, while magistrate judges and bankruptcy judges are required by statute to be lawyers, there is no statutory requirement that district judges, circuit judges, or Supreme Court justices be lawyers. But it would be unheard-of for a president to nominate someone who is not a lawyer. Before their appointment, most judges were private attorneys, but many were judges in state courts or other federal courts. Some were government attorneys and a few were law professors.
Can a federal judge be fired?
Justices and judges appointed under Article III of the Constitution (Supreme Court justices, appellate and district court judges, and Court of International Trade judges) serve "during good behavior." That means they may keep their jobs unless Congress decides to remove them through a lengthy process called impeachment and conviction. Congress has found it necessary to use this process only a few times in the history of our country. From a practical standpoint, almost all of these judges hold office for as long as they wish. Article III also prohibits lowering the salaries of federal judges "during their continuance in office." Bankruptcy judges, in contrast, may be removed from office by circuit judicial councils, and magistrate judges may be removed by the district judges of the magistrate judge's circuit. Bankruptcy judges and magistrate judges don’t have the same protections (lifetime appointment and no reduction in salary) as judges appointed under Article III of the Constitution.
Why are some federal judges protected from losing their jobs and having their pay cut?
Federal judges appointed under Article III of the Constitution are guaranteed what amounts to life tenure and unreduced salary so that they won’t be afraid to make an unpopular decision. For example, in Gregg v. Georgia, the Supreme Court said it is constitutional for the federal and state governments to impose the death penalty if the statute is carefully drafted to provide adequate safeguards, even though many people are opposed to the death penalty.
The constitutional protection that gives federal judges the freedom and independence to make decisions that are politically and socially unpopular is one of the basic elements of our democracy. According to the Declaration of Independence, one reason the American colonies wanted to separate from England was that King George III "made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries."
For judges who are appointed for life, what safeguards ensure that they remain fair and impartial?
Judges must follow the ethical standards set out in the Code of Conduct for United States Judges, which contains guidelines to make sure a judge does not preside over a case in which he or she has any reason to favor one side over the other. For example, a judge must withdraw or recuse himself or herself from any case in which a close relative is a party, or in which he or she has any financial interest, however remote. Judges are required to file a financial disclosure form annually, so that all their stock holdings, board memberships, and other financial interests are on public record. They must be careful not to do anything that might cause people to think they would favor one side in a case over another. For this reason, they can’t give speeches urging voters to pick one candidate over another for public office or ask people to contribute money to civic organizations. Judges without life tenure are also subject to the Code of Conduct for United States Judges.
When do judges retire?
Most federal judges retire from full-time service at around sixty-five or seventy years of age and become senior judges. Senior judges are still federal judges, eligible to earn their full salary and to continue hearing cases if they and their colleagues want them to do so, but they usually maintain a reduced caseload. Full-time judges are known as active judges.
How are cases assigned to judges?
Each court with more than one judge must determine a procedure for assigning cases to judges. Most district and bankruptcy courts use random assignment, which helps to ensure a fair distribution of cases and also prevents "judge shopping," or parties’ attempts to have their cases heard by the judge who they believe will act most favorably. Other courts assign cases by rotation, subject matter, or geographic division of the court. In courts of appeals, cases are usually assigned by random means to three-judge panels.
Click here to take a quiz. |
|