UNDERSTANDING FEDERAL JUDGES

There are several types of federal judges. Understanding the differences between them will assist in understanding news stories and lawsuits.

The highest level on the hierarchy of federal judges is the Article III judge. This term comes from the fact that the federal judiciary was created by Article III of the Constitution. The President appoints Article III judges. Once nominated, the United State Senate must approve them.

           Beneath Article III judges are federal Magistrates. Magistrates are appointed by a majority of the Articles III judges in the district where they serve. There are 94 federal district courts in the United States. Magistrates serve for a period of 8 years and can be reappointed. The role of Magistrates differs by district. In almost all districts, Magistrates address issuing search warrants, arrest warrants, and the preliminary stages of criminal cases. Similarly, in most districts, Magistrates oversee the preliminary stages of civil cases, discovery disputes, and hold settlement conferences. In some districts, Magistrates also hear substantive (more important) motions. However, the party which loses can appeal the Magistrate’s decision to the Article III judge.

           Districts where the number of cases filed are much higher than most other districts, also have part-time Magistrates. They serve 4-year, renewable terms.

           An interesting feature of the federal courts is that both parties can agree to have the Magistrate oversee all aspects of the case, as if they were an Article III judge. In those cases, rather than appealing the Magistrate’s decision to the Article III judge, the appeal must be taken directly to the Court of Appeals. The decision to agree to use a Magistrate instead of an Article III judge is usually a practical one. Sometimes the decision is because the parties can usually obtain a faster trial date with a Magistrate than with an Article III judge. Other times, the Article III judge has personal procedures or personality traits which cause the lawyers to prefer to avoid that judge.

           The next level is the Bankruptcy judge. Bankruptcy judges are also appointed by a majority of the Article III judges in each district. They are appointed for 14-year terms. As the name implies, they preside over cases where a person or corporation files a bankruptcy petition.

           Article III judges are appointed for the remainder of their lives. Once appointed, they can only be removed through the impeachment process, requiring impeachment by the House of Representatives and removal by the Senate.