JUDICIARY OVERVIEW Flashcards
Organization of Courts:
The organization of the judiciary, the district and circuit boundaries, the places of holding court, and the number of federal judges are established by laws passed by Congress and signed by the President. The number of federal judges in each district and the courts of appeals is authorized by Congress on the basis of workload.
In addition to the adjudication of cases, other related functions, such as the provision of criminal defense services and the supervision of offenders, are prescribed by statute. Following is a brief overview of the work of the courts and other related activities of the Judicial Branch.
United States Supreme Court:
The United States Supreme Court consists of nine justices, one of whom is appointed as Chief Justice of the United States. The Supreme Court is the final arbiter in the federal court system.
united states Courts of Appeals:
There are 12 regional courts of appeals and 167 authorized appellate court Article III judgeships nationwide. These 12 courts of appeals have jurisdiction over cases within a regional area of “circuit.” The 12 regional courts of appeals review cases from the United States district courts and the United States Tax Court as well as orders and decisions from a number of federal administrative agencies.
United States Court of Appeals for the Federal Circuit:
The United States Court of Appeals for the Federal Circuit has exclusive national jurisdiction over a large number of diverse subject areas, including international trade, government contracts, patents, trademarks, certain monetary claims against the United States government, federal personnel, and veterans’ benefits. Appeals to the court come from all 94 federal district courts, as well as the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims. There are 12 authorized Article III circuit judgeships on the Court.
United States District Courts:
There are 94 district courts in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories of /Guam, the U.S. Virgin Islands, and the northern Mariana Islands. The U.S. District Courts are the courts of general jurisdiction in the federal court system, and most federal cases are initially tried and decided in these courts. There are 677 authorized Article III district court judgeships nationwide.
The Federal Magistrates Act of 1968 created the office of magistrate judge to assist the district court judges. Magistrate judges are non-Article II judges appointed by the district judges, and they serve for a term of years rather than a lifetime appointment. Full-time magistrate judges serve a term of eight years and may be reappointed.
United States Bankruptcy Court:
The bankruptcy courts are separate units of the district courts. Federal courts have exclusive jurisdiction over bankruptcy caces; a bankruptcy case cannot be filed in a state court. United States bankruptcy judges are non-Article III judges appointed by the courts of appeals for a term of years, rather than a lifetime appointment. They serve for a term of 14 years and may be reappointed.
United States Court of International Trade?
the Court of International Trade, with nine Article III judges, has exclusive nationwide jurisdiction of civil actions against the United
States, its agencies and officers, and certain civil actions brought by the United States, arising out of import transactions and the administration and enforcement of the federal customs and international trade laws.
United States Court of Federal Claims:
The Court of Federal Claims has nationwide jurisdiction over certain types of claims against the federal government. Its 16 judges are appointed for a term of 15 years by the President with the advice and consent of the Senate. Judges appointed tot he Court of Federal Claims are authorized under Article I of the Constitution and do not have the tenure and salary protections of Article II judges.
Article III Judges:
Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. Article III judgeships are created by legislation enacted by Congress. Track authorized judgeships from 1789 to present.
The Constitution also provides that judges’ salaries cannot be reduced while they are in office. Article III judicial salaries are not affected by geography or length of tenure.
Supreme Court Justices
The nine justices of the U.S. Supreme Court are nominated by the president and confirmed by the U.S. Senate. They hear cases and controversies arising under the Constitution or U.S. law and controversies that involve the United States as a party of entities and parties of different states, that are appealed from federal courts or state courts.
Court of Appeals Judges:
Court of Appeals judges, also known as circuit judges, sit in one of the 12 regional circuits across the United States, or the Federal Circuit. They usually sit in a panel of three judges and determine whether or not the law was applied correctly in the district court, also known as trial court, as well as appeals from decisions of federal administrative agencies and some original proceedings filed directly with the courts of appeals.
District Court Judges:
District court judges sit in one of 94 district or trial courts across the United States. They handle civil and criminal cases. A district court judge typically is responsible for supervising the pretrial process and conducting trials, which includes a variety of procedures including:
managing the selection of juries and the instructions jurors receive throughout a trial;
ruling on admission of evidence;
pleas in criminal cases;
resolving any issues surrounding the acceptance of the verdict and entry of judgment; and
sentencing the defendant if a trial results in conviction.
Learn more about district courts from the following resources:
Civil Cases
Criminal Cases
Federal Judicial Center U.S. District Court History and Information
Learn more about appellate court and district court judgeships, which are created by legislation enacted by Congress.
Senior Judges
Article III judges who have met age and service requirements set by federal statute are eligible to take senior status if they are at least 65 years old and have served at least 15 years on the bench, or any combination of age and years of service thereafter that equals 80. Regardless of age, judges must serve at least 10 years to qualify for senior status.
Upon taking senior status, judges may choose to handle a reduced caseload. Senior judges handle about 20 percent of the total district and appellate caseload. By taking senior status, even if maintaining a full caseload, a judge creates a vacancy on the court, to be filled by the nomination and confirmation process for Article III judges.
Senior judges receive the salary of their position at the time of taking senior status as an annuity.
Because there is no mandatory retirement age for Article III judges, there is no requirement that they take senior status.
Other Types of Judges
There are other types of judges and judicial offers preside over certain kinds of cases, matters, and proceedings.
Magistrate Judges
Magistrate judges are judicial officers of the U.S. district court appointed by the district judges of the court to handle a variety of judicial proceedings.
They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases. While most civil cases are tried by district judges, magistrate judges may also preside over civil trials if all parties consent.
Like other federal judges, all full-time magistrate judges are paid the same salary, regardless of where they serve or their years of service.
The position and authority of magistrate judges was established in 1968. By federal law, magistrate judges must meet specified eligibility criteria, including at least five years as a member in good standing of a state or territory’s highest court bar. They must also be vetted by a merit selection panel that consists of lawyers and non-lawyers from the community. By majority vote of the U.S. district judges of the court, magistrate judges are appointed for a renewable term of eight years. In addition, there are a small number of part-time magistrate judges who serve four-year terms.
The number and location of magistrated judges is determined by the Judicial Conference of the United States.
Learn more about magistrate judges from the following resources:
A Guide to the Legislative History of the Federal Magistrate Judges System (pdf)
Inventory of United States Magistrate Judge Duties (pdf)
Federal Judicial Center Information on Magistrate Judgeships
Bankruptcy Judges
Bankruptcy judges are judicial officers of the district court who preside exclusively over bankruptcy proceedings and cases.
Bankruptcy judges receive the same annual salary, no matter where they serve or how many years of service.
They are appointed to renewable 14-year terms by a majority of the judges of the U.S. Court of Appeals for their circuit with assistance from the circuit council.
The bankruptcy judge position was established in 1978, and the appointment process is set by Judicial Conference policy, in accordance with the Bankruptcy Amendments and Federal Judgeship Act of 1984. Bankruptcy judges must meet eligibility criteria, including being a member of the bar in good standing. Circuit councils may appoint a merit selection panel, consisting of judges and other legal professionals, to review and recommend candidates for appointment.
Bankruptcy judgeships are created pursuant to legislation enacted by Congress. Learn more about the history of bankruptcy judges from the following resources:
Federal Judicial Center Information on Bankruptcy Judges
