United States federal judge
|This article is part of a series on the
politics and government of
the United States
In the United States, the title of federal judge means a judge appointed by the President of the United States and confirmed by the United States Senate pursuant to the Appointments Clause in Article II of the United States Constitution.
In addition to the Supreme Court of the United States, whose existence and jurisdiction are beyond the constitutional power of Congress to alter, Congress has established 13 courts of appeals (also called "circuit courts") with appellate jurisdiction over different regions of the United States, and 94 United States district courts. Every judge appointed to such a court may be categorized as a federal judge; such positions include the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges of the courts of appeals, and district judges of the United States district courts. All of these judges described thus far are referred to sometimes as "Article III judges" because they exercise the judicial power vested in the judicial branch of the federal government by Article III of the U.S. Constitution. In addition, judges of the Court of International Trade exercise judicial power pursuant to Article III.
Other judges serving in the federal courts, including magistrate judges and bankruptcy judges, are also sometimes referred to as "federal judges"; however, they are neither appointed by the President nor confirmed by the Senate, and their power derives from Article I instead. See Article I and Article III tribunals.
Power and duties
The primary function of the federal judges is to resolve matters brought before the United States federal courts. Most federal courts in the United States are courts of general jurisdiction, meaning that they hear both civil and criminal cases falling within their jurisdiction. District Court judges are recognized as having such authority as is needed to dispose of matters brought before them, ranging from setting the dates for trials and hearings to holding parties in contempt or otherwise sanctioning them for improper behavior.
Tenure and salary
"Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). Judges hold their seats until they resign, die, or are removed from office. Although the legal orthodoxy is that judges cannot be removed from office except by impeachment by the House of Representatives followed by conviction by the Senate, several legal scholars, including William Rehnquist, Saikrishna Prakash and Steven D. Smith, have argued that the Good Behaviour Clause may, in theory, permit removal by way of a writ of scire facias filed before a federal court, without resort to impeachment.
Since the impeachment process requires a trial by the United States Senate, and since the constitutional provision concerning federal judges' tenure cannot be changed without the ratifications of three-fourths of the states, federal judges have perhaps the best job security available in the United States. Moreover, the Constitution forbids Congress to diminish a federal judge's salary. Twentieth-century experience suggests that Congress is generally unwilling to take time out of its busy schedule to impeach and try a federal judge until, after criminal conviction, he or she is already in prison and still drawing a salary, which cannot otherwise be taken away (see Nixon v. United States, a key Supreme Court case about Congress's discretion in impeaching and trying federal judges).
As of January 2010, federal district judges were paid $174,000 a year, circuit judges $184,500, Associate Justices of the Supreme Court $213,900 and the Chief Justice of the United States $223,500. All were permitted to earn a maximum of an additional $21,000 a year for teaching.
Chief Justice John Roberts has repeatedly pleaded for an increase in judicial pay, calling the situation a "constitutional crisis". The problem is that the most talented associates at the largest U.S. law firms with judicial clerkship experience (in other words, the attorneys most qualified to become the next generation of federal judges) already earn as much as a federal judge in their first year as full-time associates. Thus, when those attorneys eventually become experienced partners and reach the stage in life where one would normally consider switching to public service, their interest in joining the judiciary is tempered by the prospect of a giant pay cut back to what they were making 10 to 20 years earlier (adjusted for inflation). One way for attorneys to soften the financial blow is to spend only a few years on the bench and then return to private practice or go into private arbitration, but such turnover creates a risk of a revolving door judiciary subject to regulatory capture.
Thus, Chief Justice Roberts has warned that "judges are no longer drawn primarily from among the best lawyers in the practicing bar" and "If judicial appointment ceases to be the capstone of a distinguished career and instead becomes a stepping stone to a lucrative position in private practice, the Framers' goal of a truly independent judiciary will be placed in serious jeopardy."
Each federal judge serves at a particular "duty station" for the duration of his or her federal service. This is important because of the relationship between several federal statutes. First, 28 U.S.C. § 456(a) entitles federal judges to reimbursement of transportation and "subsistence" expenses incurred while transacting official business away from their duty stations. Section 456 also prescribes that the District of Columbia is the duty station of all members of the U.S. Supreme Court, the D.C. Circuit, the Federal Circuit, and the U.S. District Court for the District of Columbia.
Second, there are several reasons for why a federal judge would need to transact official business outside of their regular courthouse. 28 U.S.C. §§ 291 and 292 authorize a broad variety of temporary reassignments of circuit and district judges, both horizontally (i.e., to other circuits or districts) and vertically (so that a district judge can hear appeals and a circuit judge can try cases). Many federal judges serve on administrative panels like the judicial conference for their circuit or the Judicial Conference of the United States. Some of the larger circuit courts like the Ninth Circuit hold regular sessions at multiple locations, and randomly select three-judge panels to hear appeals from all sitting circuit judges regardless of duty station. (Videoconferencing is sometimes now used to reduce the burden of frequent travel on circuit judges.)
The discipline process of federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability." If the chief judge of the circuit does not dismiss the complaint or conclude the proceedings, then he or she must promptly appoint himself or herself, along with equal numbers of circuit judges and district judges, to a special committee to investigate the facts and allegations in the complaint. The committee must conduct such investigation as it finds necessary and then expeditiously file a comprehensive written report of its investigation with the judicial council of the circuit involved. Upon receipt of such a report, the judicial council of the circuit involved may conduct any additional investigation it deems necessary, and it may dismiss the complaint.
If a judge who is the subject of a complaint holds his or her office during good behavior, action taken by the judicial council may include certifying disability of the judge. The judicial council may also, in its discretion, refer any complaint under 28 U.S.C. § 351, along with the record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States. The Judicial Conference may exercise its authority under the judicial discipline provisions as a conference, or through a standing committee appointed by the Chief Justice.
Once a judge meets age and service requirements he or she may retire and will then earn his or her final salary for the remainder of his or her life, plus cost of living increases. The "Rule of 80" is the commonly used shorthand for the age and service requirement for a judge to retire, or assume senior status, as set forth in Title 28 of the U.S. Code, section 371(c). Beginning at age 65, a judge may retire at his 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 (66 + 14, 67 + 13, 68 + 12, 69 + 11) results in eligibility for retirement compensation at age 70 with a minimum of 10 years of service (70 + 10 = 80).
Under section 376 a survivor's annuity to benefit the widow, widower or minor child of the judge may be purchased via a deduction of 2.2% to 3.5% from the retirement benefit.
Number of judges
The total number of active federal judges is constantly in flux, for two reasons. First, judges retire or die, and a lapse of time occurs before new judges are appointed to fill those positions. Second, from time to time Congress will increase (or, less frequently, decrease) the number of federal judgeships in a particular judicial district, usually in response to shifting population numbers or a changing workload in that district.
As of May 2012, a total of 3,294 individuals had been appointed to federal judgeships, including 2,758 district court judges, 714 courts of appeals judges, 95 judges to the now-extinct circuit courts, and 112 Supreme Court justices. This adds up to 3,679 total appointments; a substantial number of appellate judges (including Supreme Court justices) had previously served on the lower court bench.
There are currently 874 authorized Article III judgeships: nine on the Supreme Court, 179 on the courts of appeals, nine on the Court of International Trade and 677 for the district courts. Although the number of Supreme Court justices has remained the same for well over a century, the number of court of appeals judges has more than doubled since 1950, and the number of district court judges has increased more than three-fold in that period.
Non-Article III judges
Unlike the judges of Article III courts, non-Article III judges are appointed for specified terms of office. Examples include United States magistrate judges and judges of the United States bankruptcy courts, United States Tax Court, United States Court of Federal Claims, and United States territorial courts. Although the term "non-Article III judges" is used to describe the absence of tenure and salary protection, bankruptcy courts are formally designated as divisions of U.S. District Courts, whose district judges are Article III judicial officers. Moreover, in Freytag v. Commissioner, 501 U.S. 868 (1991), the Supreme Court concluded that the judges of the U.S. Tax Court (and their special trial judges) exercise a portion of "the judicial power of the United States."
- Saikrishna Prakash & Steven D. Smith, "How To Remove a Federal Judge", 116 Yale L.J. 72 (2006).
- "Judicial Salaries Since 1968". uscourts.gov.
- Debra Cassens Weiss, "Scalia Denies Abortion Views Influenced by Religion, Calls His GPS Opinion 'Defendant Friendly'", ABA Journal, 4 February 2012.
- "2006 Year-End Report on the Federal Judiciary" (PDF). supremecourt.us.
- 28 U.S.C. § 351(a). See generally 28 U.S.C. ch. 16.
- 28 U.S.C. § 354(a)(1)
- 28 U.S.C. § 71
- "FAQs on Federal Judges". uscourts.gov.
- 28 U.S.C. § 371
- 28 U.S.C. § 471
- Federal Judicial Center.
- "Federal Judgeships". uscourts.gov.
- This article incorporates public domain material from the Congressional Research Service document "Judicial Discipline Process: An Overview" (retrieved on 14 August 2014).