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U.S. Federal Courts
Fedbadgesmall.png
General jurisdiction courts
Supreme Court of the United States
U.S. Courts of Appeal
Federal district courts
U.S. territorial courts
Subject-matter jurisdiction
Bankruptcy courts
Court of Federal Claims
Armed Forces
Veterans Claims
Tax Court
International Trade
Intelligence Surveillance
Federal judges
Federal judiciary
Federal vacancies

Contents

  • 1 Federal judges, Article III
  • 2 Federal judges, Article I
  • 3 Senior judges
  • 4 Process of becoming a federal judge
  • 5 Number of federal judges
    • 5.1 Article III
    • 5.2 Article I
    • 5.3 Other
  • 6 Qualifications
  • 7 See also
  • 8 External links
  • 9 Footnotes


Federal judges are judges who serve in a federal court. The term refers both to the Article III federal judges and to Article I federal judges, who serve as magistrate and bankruptcy judges and in other Article I tribunals.

Federal judges, Article III

Article III federal judges are appointed for life, during "good behavior." They are appointed by the president of the United States and confirmed by the U.S. Senate in accordance with Article III of the United States Constitution of the United States Constitution.

Article III judges, besides serving in the Supreme Court of the United States also serve in:

  • One of the thirteen U.S. courts of appeal.
  • One of the ninety-four U.S. district courts.
  • Judges of the Court of International Trade are also federal judges appointed under Article III of the U.S. Constitution.

Justices and judges of these courts exercise what Article III calls "the judicial power of the United States."

Article III, Section I of the U.S. Constitution states:

" The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.[1] [2] "

Federal judges, Article I

There are additional federal judges who were not appointed under Article III. These judges serve in Article I tribunals and they do not have the same protections as Article III judges:

  • They do not have life tenure.
  • Their salaries may be reduced by Congress.

Article I courts include:

  • United States Court of Appeals for the Armed Forces
  • United States Court of Appeals for Veterans Claims
  • United States Tax Court
  • United States Court of Federal Claims
  • United States bankruptcy courts
  • The U.S. territorial courts in the Northern Mariana Islands, Guam, and the Virgin Islands.

Senior judges

Main article: Federal judges on senior status

Senior judges are retired judges who, if they and their colleagues wish, may continue to hear cases and earn their full salary.

Federal judges are eligible for senior status at the following ages:

Age Years of
service
65 15
66 14
67 13
68 12
69 11
70 10

[3]

Federal judges who have not retired and who maintain a full caseload are sometimes referred to as "active judges" to distinguish them from the senior judges.

Process of becoming a federal judge

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

  • The president nominates an individual for a judicial seat.
  • The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
  • The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.
  • As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.
  • After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.
  • If approved, the nominee is voted on by the full Senate.
  • If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.
  • The Senate holds a vote on the candidate.
  • If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
  • If the Senate does not confirm the nomination, that nominee does not become a judge.

Number of federal judges

See also: Federal judicial appointments by president

The number of federal judicial positions is set by the United States Congress, which authorizes a set number of judge positions for each level of the courts and makes adjustments as necessary.[4] [5]

Article III

  • Supreme Court of the United States: 9 justices, as set by the Judiciary Act of 1869.
  • United States court of appeals: 179 judgeships[6]
  • United States district court: 677 judgeships[6]
  • United States Court of International Trade: 9 judgeships[6]

Article I

  • United States bankruptcy court: 350 judgeships[7]

Other

  • Federal magistrate judge: There are 579 magistrate judgeships.[8]

Qualifications

There are almost no formal qualifications for federal judges. Article I magistrate and bankruptcy judges are required by statute to be lawyers, but there is no such requirement for district judges, circuit judges, or Supreme Court justices.

See also

  • Federal magistrate judge
  • Impeachment of federal judges

External links

  • Frequently Asked Questions about federal judges

Footnotes

  1. ↑ Article III of the United States Constitution
  2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Cornell University Law School, Legal Information Institute, 28 USC § 371 - Retirement on salary; retirement in senior status
  4. ↑ Federal Judiciary Frequently Asked Questions
  5. ↑ U.S. Courts chart of Federal Judgeships, 2008
  6. ↑ 6.0 6.1 6.2 United States Courts, "Federal Judgeships," accessed March 12, 2019
  7. ↑ United States Courts, "Status of Bankruptcy Judgeships — Judicial Business 2018," accessed April 1, 2019
  8. ↑ United States Courts, "Status of Magistrate Judge Positions and Appointments — Judicial Business 2018," accessed April 1, 2019