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Federal Judges
Q: Who appoints federal judges?
Supreme Court justices, court of appeals judges, and
district court judges are nominated by the President and
confirmed by the United States Senate, as stated in the
Constitution. The names of potential nominees often are
recommended by senators or sometimes members of the House who
are of the President's political party. The Senate Judiciary
Committee typically conducts confirmation hearings for each
nominee. Article III of the Constitution states that these
judicial officers are appointed for a life term. The federal
Judiciary, the Judicial Conference of the United States, and the
Administrative Office of the U.S. Courts play no role in the
nomination and confirmation process.
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Q: How are new judgeships
created?
Court of appeals and district court judgeships are created
by legislation that must be enacted by Congress. New judgeships
were last created in July 2003, under Public Law 107-273, which
established 15 new district court judgeships. The Judicial
Conference (through its Judicial Resources Committee) surveys
the judgeship needs of the courts every other year. A threshold
for the number of weighted filings per judgeship is the key
factor in determining when an additional judgeship will be
requested. Other factors may include geography, number of senior
judges, and mix of cases. The Judicial Conference presents its
judgeship
recommendations to Congress.
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Q: What are the qualifications for
becoming a federal judge?
The Constitution sets forth no specific requirements.
However, members of Congress, who typically recommend potential
nominees, and the Department of Justice, which reviews nominees'
qualifications, have developed their own informal criteria.
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Q: How is a chief judge selected?
One is not nominated or appointed to the position of chief
judge (except for the Chief Justice of the United States); they
assume the position based on seniority. The same criteria exists
for circuit and district chiefs. The chief judge is the judge in
regular active service who is senior in commission of those
judges who are (1) 64 years of age or under; (2) have served for
one year or more as a judge; and (3) have not previously served
as chief judge.
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Q: What is a senior judge?
The "Rule of 80" is the commonly used shorthand for the age
and service requirement for a judge to assume senior status, as
set forth in Title 28 of the US. Code, Section 371(c). Beginning
at age 65, a judge may retire at his or her current salary or
take senior status after performing 15 years of active service
as an Article III judge (65+15 = 80). A sliding scale of
increasing age and decreasing service results in eligibility for
retirement compensation at age 70 with a minimum of 10 years of
service (70+10=80). Senior judges, who essentially provide
volunteer service to the courts, typically handle about 15
percent of the federal courts' workload annually.
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Q: What are bankruptcy judges? How are
they appointed?
A U.S. bankruptcy judge is a judicial officer of the U.S.
district court who is appointed by the majority of judges of the
U.S. court of appeals to exercise jurisdiction over bankruptcy
matters. The number of bankruptcy judges is determined by
Congress. The Judicial Conference of the United States is
required to submit recommendations from time to time regarding
the number of bankruptcy judges needed. Bankruptcy judges are
appointed for 14-year terms.
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Q: What are federal magistrate judges?
A U.S. magistrate judge is a judicial officer of the
district court and is appointed by majority vote of the active
district judges of the court to exercise jurisdiction over
matters assigned by statute as well as those delegated by the
district judges. The number of magistrate judge positions is
determined by the Judicial Conference of the United States,
based on recommendations of the respective district courts, the
judicial councils of the circuits, and the Director of the
Administrative Office of the U.S. Courts. A full-time magistrate
judge serves a term of eight years. Duties assigned to
magistrate judges by district court judges may vary considerably
from court to court.
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Court
Information
Q: How many courts of appeals are
there?
There are 13 judicial circuits, each with a court of
appeals. The smallest court is the First Circuit with six
judgeships, and the largest court is the Ninth Circuit, with 28
judgeships. A list of the states that compose each circuit is
set forth in Title 28 of the U.S. Code, Section 41. The number
of judgeships in each circuit is set forth in Title 28 of the
U.S. Code, Section 44.
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Q: How many district courts are there?
There are 89 districts in the 50 states, which are listed
with their divisions in Title 28 of the U.S. Code, Sections
81-144. District courts also exist in Puerto Rico, the Virgin
Islands, the District of Columbia, Guam, and the Northern
Mariana Islands. In total there are 94 U.S. district courts.
Some states, such as Alaska, are composed of a single judicial
district. Others, such as California, are composed of multiple
judicial districts. The number of judgeships allotted to each
district is set forth in Title 28 of the U.S. Code, Section 133.
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Filing a Case
Q: How do I file a civil case? Is
there a charge?
A civil action is commenced by the filing of a complaint.
Parties instituting a civil action in a district court are
required to pay a filing fee pursuant to Title 28, U.S. Code,
Section 1914. The current fee is $350. Complaints may be
accompanied by an application to proceed in forma pauperis,
meaning that the plaintiff is incapable of paying the filing
fee. Proceedings in forma pauperis are governed by Title 28,
U.S. Code, Section 1915.
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Q: How do I file a criminal case?
Individuals do not file criminal charges in U.S. district
courts. A criminal proceeding is initiated by the government,
usually through the U.S. attorney's office in coordination with
a law enforcement agency. Allegations of criminal behavior
should be brought to local police, the FBI, or other appropriate
law enforcement agency.
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Q: How do I file for bankruptcy? Is
there a charge?
A bankruptcy case is commenced by the filing of a petition.
You must also file a statement of your assets and liabilities,
and schedules listing your creditors. If you choose to file a
bankruptcy petition without the assistance of an attorney, you
can obtain the required forms at most stationery stores or at
www.uscourts.gov/bkforms/index.html.
There is a range of
filing fees for bankruptcy cases, depending on the chapter
of the bankruptcy code under which you file. Chapter 7, by far
the most common form filed by individuals, involves an almost
complete liquidation of the assets of the debtor, as well as a
discharge of most debts. See
Bankruptcy Basics.
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Q: How can I find a lawyer?
In most districts, local bar associations or similar groups
offer lawyer referral services, usually without charge. The
clerk's office in your district court should be able to put you
in touch with such a service. Many clerk's offices also have
developed informational packets explaining filing procedures and
listing sources of legal assistance. Personnel in the clerk's
office and other federal court employees are prohibited from
providing legal advice to individual litigants.
Defendants in criminal proceedings have a right to a lawyer,
and are entitled by the Criminal Justice Act (CJA) to have
counsel appointed at government expense if they are financially
unable to obtain adequate representation by private counsel. The
CJA, which is set forth in Title 18, U.S. Code, Section 3006A,
requires a court determination that a person is financially
eligible for court-appointed counsel. A court may determine that
a defendant is partially eligible for court-appointed counsel
and order the defendant to contribute to the cost of
representation. Counsel assigned to a defendant may be a private
lawyer, who is a member of the court's panel of attorneys
receiving CJA appointments, or, in many districts, an attorney
who works for a federal defender organization. The clerk's
office has forms that can be used to apply for the appointment
of counsel.
There is no right to free legal assistance in civil
proceedings. Some litigants proceed pro se; that is, they
represent themselves before the court.
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Q: How can I check on the status of my
case? Can I review case files?
Your lawyer, who likely is familiar with local court
practice, is your best resource. Generally, all documents filed
with a court are public records and are available through the
clerk's office. By way of exception, some documents are sealed
by special court order, and some documents are confidential by
operation of law, such as grand jury materials and criminal
files relating to juveniles.
As the keeper of court records, the clerk's office responds
to most inquiries on the status of a case once given the
specific case name or docket number. In many courts, inquiries
for information and requests to examine dockets, case files,
exhibits, and other records are made at the intake area in the
clerk's office. Inquiries often are made by phone. There is a
$26 fee for every search of the records conducted by the clerk's
office. A fee of $ .50 per page is assessed for reproducing any
record or paper record or $ .10 per page, for printing copies of
any records or document accessed electronically at the public
access terminal in the courthouse.
Almost all federal courts have automated systems that allow
for the search and retrieval of case-related information through
personal computers at the public counters and through an
internet service called PACER (Public Access to Court Electronic
Records). Electronic access to case-related information is
available free of charge at the public counter in the clerk's
office of most courts. The PACER service, which provides remote
access to case-related information for registered users,
currently assesses a fee of $.08 per page.
In many bankruptcy and appellate courts there also are
telephone information systems, which enable callers to obtain
basic case information through the use of a touch tone phone.
These systems are provided free of charge, are available 24
hours a day, and have a toll free number for long distance
service.
For more information, visit the
Directory
of Electronic Public Access Services.
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Q: When will the court reach a
decision in my case?
Most cases are handled in an expeditious manner. The Speedy
Trial Act of 1974 establishes standard time requirements for the
timely prosecution and disposition of criminal cases in district
courts. There is no similar law governing civil trial
scheduling, and as a result, the scheduling of criminal cases is
assigned a higher priority.
In 1990, Congress enacted legislation that directs each
district court to devise and adopt a civil expense and delay
reduction plan. One goal established under the legislation is
for each civil case to be scheduled for trial within 18 months
of filing the complaint.
Litigants should keep in mind that judges have many duties
in addition to deciding cases. The average district court judge
has more than 400 newly filed cases to contend with each year.
In addition to trials, judges conduct sentencings, pretrial
conferences, settlement conferences, motions hearings, write
orders and opinions, and consider other court matters both in
the courtroom and in their chambers.
There are numerous reasons for delay, many of which are
outside of a court's control. Attorneys and/or litigants may be
responsible. Cases may be delayed because settlement
negotiations are in progress. Some courts also experience
shortages in judges or available courtrooms.
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Q: How are judges assigned to cases?
Judge assignment methods vary. The basic considerations in
making assignments are to assure equitable distribution of
caseload and avoid judge shopping. By statute, the chief judge
of each district court has the responsibility to enforce the
court's rules and orders on case assignments. Each court has a
written plan or system for assigning cases. The majority of
courts use some variation of a random drawing. One simple method
is to rotate the names of available judges. At times judges
having special expertise can be assigned cases by type, such as
complex criminal cases, asbestos-related cases, or prisoner
cases. The benefit of this system is that it takes advantage of
the expertise developed by judges in certain areas. Sometimes
cases may be assigned based on geographical considerations. For
example, in a large geographical area it may be best to assign a
case to a judge located at the site where the case was filed.
Courts also have a system to check if there is any conflict that
would make it improper for a judge to preside over a particular
case.
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Q: How do I file a complaint against a
judge?
The complaint process is not intended to address complaints
related to the merits of a case or a court's decision. Any
person alleging that a judge of the United States has engaged in
conduct prejudicial to the effective and expeditious
administration of the business of the courts, or that such
officer cannot discharge all the duties of the office because of
physical or mental disability, may file a complaint with the
clerk of the court of appeals for that circuit or applicable
national court. The statute governing this complaint mechanism
is set out at Title 28, U.S. Code, Section 351(a).
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Juror Information
Q: How are jurors contacted for
service in federal court?
Before potential jurors are summoned for service, their
names are randomly drawn from voters lists (and sometimes
drivers lists) to receive a questionnaire to determine whether
they meet the legal qualifications for jury service. Individuals
who receive questionnaires are required to complete and return
them to the clerk's office, which then screens the completed
questionnaires to determine eligibility for jury service. (In
some courts, qualification questionnaires and summonses are
mailed together.)
More on
Jury Service...
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Q: Must I respond to my jury duty
notice?
Yes, it is legally required, and there are penalties for
noncompliance. Jurors perform a vital role in the American
system of justice. Jury service is an important civic function
that supports one of the fundamental rights of citizens - the
right to have their cases decided by a jury of their peers.
More on
Jury Service...
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Q: Who may serve as a juror?
The Jury Act, which is set out at Title 28, U.S. Code,
Sections 1861-1878, calls for random selection of citizens'
names from voters lists or combined voters and drivers lists.
(Because random selection is required, individuals may not
volunteer for service.)
More on
Jury Service...
The act states that individuals are legally disqualified
from service:
- if they are not a citizen of the United
States 18 years old, who has resided for a period of one
year within the judicial district;
- if they are unable to read, write, and
understand the English language with a degree of proficiency
necessary to fill out a qualification form;
- if they are unable to speak the English
language;
- if they are incapable by reason of mental
or physical infirmity to render jury service; or
- if they have felony charges pending
against them or they have been convicted of a felony and
their civil rights have not been restored.
In addition, the Jury Act lists three groups that are exempt
from federal jury service:
- members of the armed forces on active
duty;
- members of professional fire and police
departments; and
- "public officers" of federal, state or
local governments, who are actively engaged in the
performance of public duties.
Persons belonging to these groups may not serve on federal
juries, even if they so desire.
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Q: Will I be paid for jury service?
Yes, federal jurors are paid $40 a day. (Employees of the
federal government are paid their regular salary in lieu of this
fee.) In most courts, jurors also are reimbursed for reasonable
transportation expenses and parking fees.
More on
Jury Service...
Your employer may continue your salary during all or part of
your jury service, but is not required to do so. Nonetheless,
the Jury Act forbids any employer from firing, intimidating, or
coercing any permanent employee because of their federal jury
service.
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Q: What if the distance to the
courthouse is too far or too difficult for me to travel?
The Jury Act allows courts to permanently excuse a juror
from service at the time he or she is summoned on the grounds of
"undue hardship or extreme inconvenience" if the distance to the
courthouse makes it difficult for the juror to travel. The juror
should write a letter to the chief judge of the court requesting
an excuse with an explanation of hardship. As with temporary
deferrals, whether to grant an excuse is a matter of discretion
for the court and cannot be reviewed or appealed to Congress or
any other entity.
More on
Jury Service...
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Q: What if the dates of
my jury service conflict with my work or vacation schedule?
The Jury Act allows courts to grant temporary deferrals of
service on the grounds of "undue hardship or extreme
inconvenience." The qualification questionnaire and juror
summons provides specific information on how to request a
deferral from your individual court. Whether to grant a deferral
is a matter of discretion for the court and cannot be reviewed
or appealed to Congress or any other entity.
More on
Jury Service...
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Q: Why have some people never been
called for jury duty?
Eligibility for federal jury service is dependent both upon
an individual meeting the legal qualifications for service and
upon the random chance of having one's name drawn from the
source lists.
More on
Jury Service...
Each judicial district must have a formal
written plan for the selection of jurors, which provides for
random selection from a fair cross-section of the community in
the district, and which prohibits discrimination in the
selection process. Voter records - either voter registration
lists or lists of actual voters - are the required source of
names for federal court juries. Some courts supplement voter
lists with other sources, such as lists of licensed drivers. A
copy of a district's jury plan is available for review in the
clerk's office.
In addition, many courts offer excuses from service, on
individual request, to designated groups of persons or
occupational classes. Such groups may include persons over age
70; persons who have, within the past two years, served on a
federal jury; and persons who serve as volunteer fire fighters
or members of a rescue squad or ambulance crew.
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The Judicial Conference
Q: What is the Judicial
Conference of the United States? When was it established?
The Conference of Senior Circuit Judges was created by
Congress in 1922, to "serve as the principal policy making body
concerned with the administration of the United States Courts."
In 1948, Congress enacted Section 331 of Title 28, U.S. Code,
changing the name to the
Judicial
Conference of the United States. District judges formally
were added to the Conference in 1957.
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Q: What are the duties and
responsibilities of the Judicial Conference?
As in 1922, the fundamental purpose of the Judicial
Conference today is to make policy with regard to the
administration of the United States courts. Section 331 of Title
28 specifically provides that the Conference shall:
- make a comprehensive survey of the
conditions of business in the courts of the United States;
- prepare plans for the assignment of
judges to or from courts of appeals or district courts,
where necessary;
- submit suggestions to the various courts
in the interest of promoting uniformity of management
procedures and the expeditious conduct of court business;
- exercise authority provided in 28 U.S.C.
Section 372(c) for the review of circuit council conduct and
disability orders filed under that section; and
- carry on a continuous study of the
operation and effect of the general rules of practice and
procedure in use within the federal courts, as prescribed by
the Supreme Court pursuant to law.
The Judicial Conference also supervises the Director of the
Administrative Office of the United States Courts in the
performance of his duties as the administrative officer of the
courts of the United States under 28 U.S.C. Section 604. In
addition, certain statutes authorize the Judicial Conference to
act in a variety of specific areas dealing with the
administration of the courts.
The Chief Justice is required to submit to Congress an
annual report of the proceedings of the Judicial Conference and
its recommendations for legislation.
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Q: Who are the members of
the Judicial Conference?
The Chief Justice of the United States is the presiding
officer of the Judicial Conference. Membership is comprised of
the chief judge of each judicial circuit, the chief judge of the
Court of International Trade, and a district judge from each
regional judicial circuit, who is elected for a term of not less
than three nor more than five successive years as established by
majority vote of all circuit and district judges of the circuit
represented (28 U.S.C. Section 331).
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Q: When and where does the Judicial
Conference meet?
The statute requires the Chief Justice to summon the
Judicial Conference into session annually, at such time and
place in the United States as he may designate. Traditionally
the Chief Justice has convened two meetings of the Conference
each year, one in September and one in March. The members are
required to attend each session unless excused by the Chief
Justice, who will then designate a replacement. The Conference
generally meets in Washington, D.C.
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Q: How does the Judicial
Conference do its work?
The Conference operates through a network of committees
created to address and advise on a wide variety of subjects,
such as automation, personnel, probation and pretrial services,
sentencing, space and security, and judicial salaries and
benefits. The seven-member Executive Committee of the Judicial
Conference serves as the senior executive arm of the Conference,
acting on its behalf between sessions on matters requiring
emergency action. Among it responsibilities, the Executive
Committee reviews the jurisdiction of Conference committees, and
establishes and publishes procedures for assembling Conference
and committee agendas.
The Director of the Administrative Office of the United
States Courts serves as Secretary to the Judicial Conference.
The assistant director of the Office of the Judicial Conference
Executive Secretariat in the Administrative Office coordinates
administrative support to the Conference itself and its
Executive Committee. The person in this position also
coordinates the activities of the Executive Secretariat, which
consists of senior members of the Administrative Office's
professional staff, who dedicate all or a substantial portion of
their time to the work of the Judicial Conference and its
committees.
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Q: Who are the committee members and
how are they appointed?
The Chief Justice has sole authority to make committee
appointments. The Director of the Administrative Office and the
assistant director, Judicial Conference Executive Secretariat
collate the expressed interests of judicial officers and their
recommendations of others who may be considered for
appointments, and the Director forwards the suggestions to the
Chief Justice. Committee chairpersons may appoint subcommittees
composed of members of the committee. Appointment of
subcommittees composed of non-committee members requires the
approval of the Chief Justice.
As a general rule, committee appointments are for a term of
three years, subject to one reappointment. Terms are staggered
to minimize turnover each year. Judges who desire committee
service, or wish to recommend others for assignments, may make
their interests or recommendations known at any time, in
writing, to the Director of the Administrative Office. A
permanent file is maintained for reference during the annual
appointment process.
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Employment
Q: How do I find out about employment
opportunities in the federal courts?
The federal court system's personnel decisions are
decentralized. This means that each court unit does its own
advertising and hiring for job positions. Court unit heads
generally control the hiring within their office so that chief
probation officers, staff attorneys, circuit executives, clerks
of court, and circuit librarians each exercise such authority
within their offices. Judges select and hire their own chambers
staff. Some
employment opportunities are available on this web site but
often the clerk's office of the court of appeals, district, or
bankruptcy court is the best source for a complete listing. The
federal Judiciary is committed to the national policy of
ensuring equal employment opportunity to all persons.
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