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. As of 2007, it had authorized 179 court of appeals judgeships and 678 district court judgeships. (In 1950, there were only 65 court of appeals judgeships and 212 district judgeships). As of 2007, Congress had authorized 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 positions, retired judges often continue to perform some judicial work.

How does a person become a federal judge?
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.

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 Behaviour." 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 district. Bankruptcy judges and magistrate judges don’t have the same protections 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 can do their jobs fairly and capably?
Judges follow the ethical standards set out in the Code of Conduct for United States Judges, which contains guidelines to help them avoid situations that might limit their ability to be fair--or that might make it appear to others that their fairness is in question. It tells them, for example, to be careful not to do anything that might cause people to think they would favor one side in a case over another, such as giving speeches that urge voters to pick one candidate over another for public office or asking people to contribute money to civic organizations. Additionally, Congress has enacted laws telling judges to withdraw or recuse themselves from any case in which a close relative is a party or in which they have any financial interest, even one share of stock. Congress requires judges to file a financial disclosure form annually, so that their stock holdings, board memberships, and other financial interests are on public record. Most judges maintain more frequent lists of their holdings for lawyers to inspect.

Congress has also enacted a law that lets anyone file a complaint alleging that a judge (other than a Supreme Court justice) has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts" or that a judge has a mental or physical disability that makes him or her unable to discharge the duties of the office. A complaint is filed with the clerk of the court of appeals of the respective judge's circuit and considered by the chief judge of the court of appeals. If the chief judge believes the complaint deserves attention, the chief judge appoints a special committee of the circuit judicial council to investigate it. If the committee concludes that the complaint is valid, it may recommend various actions, such as temporarily removing the judge from hearing cases, but it may not recommend that an Article III judge be removed from office. Only Congress may do that, through the impeachment process.

Chief judges dismiss the great majority of complaints filed under this law, because the complaints involve judges' decisions in particular cases. This law may not be used to complain about decisions, even what may appear to be a very wrong decision or very unfair treatment of a party in a case. Parties in a lawsuit who believe the judge issued an incorrect ruling may appeal the case to a higher court, under the rules of procedure.

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," which refers to 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 temporary three-judge panels.