# How do you get to be a Federal Judge. What's the process? **URL:** \ **Category:** Factual Questions\ **Created:** [September 20, 2005, 7:15pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585 "2005-09-20T19:15:32Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 20, 2005, 7:15pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585/1 "2005-09-20T19:15:32Z")
Just curious. I’m somewhat acquainted with the process for selecting State and local Judges, but what exactly do Federal Judges do and how are they selected? Re getting a Federal Judgeship do you have to apply and compete with others for open spots like state and local judges do or are you appointed? Do you have to go where the Federal Government puts you or do you choose what District you go into? Do you have to stop being actively political (ie fund raising for a candidate etc.) How may other Judges sit with you on cases? Are there ever juries or do Federal Judges only review other cases? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 20, 2005, 7:41pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585/2 "2005-09-20T19:41:51Z")
> [@astro](#): > > Just curious. I’m somewhat acquainted with the process for selecting State and local Judges, but what exactly do Federal Judges do and how are they selected? > > Re getting a Federal Judgeship do you have to apply and compete with others for open spots like state and local judges do or are you appointed? > > Do you have to go where the Federal Government puts you or do you choose what District you go into? > > Do you have to stop being actively political (ie fund raising for a candidate etc.) > > How may other Judges sit with you on cases? Are there ever juries or do Federal Judges only review other cases? All traditional federal judges (Article III) are nominated by the president and confirmed by the senate: > [@](#): > > 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. [http://www.uscourts.gov/faq.html](http://www.uscourts.gov/faq.html) Bankruptcy judges are Article I judges, and they are appointed by the Court of Appeals in which the court sits. > **[28 U.S. Code § 152 - Appointment of bankruptcy judges](https://www.law.cornell.edu/uscode/text/28/152)** Administrative law judges are alos Article one judges, and they are appointed by their respective agencies. > **[5 U.S. Code § 3105 - Appointment of administrative law judges](https://www.law.cornell.edu/uscode/text/5/3105)** Similarly, federal magistrat judges are Article I judges, who are appointed by the judges of the district court on which they are to serve. > **[28 U.S. Code § 631 - Appointment and tenure](https://www.law.cornell.edu/uscode/text/28/631)** I have seen job listings for magistrate judges and administrative law judges. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [September 20, 2005, 7:47pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585/3 "2005-09-20T19:47:33Z")
Sorry for the sloppy typing. I was in a hurry. Here is a listing for a magistrate judge job. > [@](#): > > District of New Mexico - Las Cruces Applications are now being accepted and can be obtained from the Clerks Office or online at [www.nmcourt.fed.us](http://www.nmcourt.fed.us) and submitted to, Trini Mandell, H.R. Exec. Div. Manager, U.S. District Court, District of New Mexico, 2609 U.S. Courthouse, Albuquerque, New Mexico. Phone:(505) 348-2000 The application deadline for this vacancy is November 29, 2004. Position will be filled subject to availability of funds. [http://www.fedjudge.org/MJ%20Vacancies.asp](http://www.fedjudge.org/MJ%20Vacancies.asp) ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [September 20, 2005, 7:57pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585/4 "2005-09-20T19:57:37Z")
> [@astro](#): > > Just curious. I’m somewhat acquainted with the process for selecting State and local Judges, but what exactly do Federal Judges do and how are they selected? Federal judges are generally culled from party members of the state judiciary (for the purposes of the discussion I’m assuming we’re talking about Article III lifetime appointment judges). If a judgeship becomes vacant, other party members begin looking for jurists (and sometimes plain old lawyers) with good qualifications and recommend them to the president. The judge I used to work for was a former Texas Court of Appeals Judge recommended to President Ronald Reagan by Senator Phil Gramm. > [@](#): > > _Re getting a Federal Judgeship do you have to apply and compete with others for open spots like state and local judges do or are you appointed?_ Both, really. You’re competing with other members of your own party for the president’s appointment (and Senate confirmation) to a seat on the federal bench created by Congress. > [@](#): > > _Do you have to go where the Federal Government puts you or do you choose what District you go into?_ You’re filling a vacancy, so you have to go wherever that vacancy is if you’re appointed, but it’s not like joining the Army or the FBI where they might just send you anywhere. Part of your job will be interpreting the law of the state in which you’ve living and judging/practicing, so you’re probably going to be appointed to a bench close to where you already are, and you’ll know where you’re going ahead of time. This may change if you’re appointed to the U. S. Court of Appeals for the Federal Circuit, which hears specialized appeals like patents, or if you’re appointed to SCOTUS. In these cases you’re going to D.C. > [@](#): > > _Do you have to stop being actively political (ie fund raising for a candidate etc.)_ To a certain extent, yes you do, and so do your law clerks. > [@](#): > > CANON 7 > > A JUDGE SHOULD REFRAIN FROM > POLITICAL ACTIVITY > A. A judge should not: > (1) act as a leader or hold any office in a political organization; > > (2) make speeches for a political organization or candidate or publicly endorse or oppose a candidate for public office; > > (3) solicit funds for or pay an assessment or make a contribution to a political organization or candidate, attend political gatherings, or purchase tickets for political party dinners, or other functions. > B. A judge should resign the judicial office when the judge becomes a candidate either in a primary or in a general election for any office. > C. A judge should not engage in any other political activity; provided, however, this should not prevent a judge from engaging in the activities described in Canon 4. [Code of Conduct for United States Judges](http://www.uscourts.gov/guide/vol2/ch1.html). > [@](#): > > _How may other Judges sit with you on cases? Are there ever juries or do Federal Judges only review other cases?_ A federal district judge is much like the trial court judge that hears felonies or high dollar negligence claims in your state court. There are juries where required by law just like any other court. As a trial court judge, it’s pretty much just them ruling by themselves. U.S. Circuit Court judges are appellate judges, so they generally hear cases with two other Circuit judges, or more if sitting en banc. In the U.S. Supreme Court, of course, you’ll be rule with eight others. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [September 20, 2005, 8:04pm UTC](https://boards.straightdope.com/t/how-do-you-get-to-be-a-federal-judge-whats-the-process/322585/5 "2005-09-20T20:04:30Z")
For Federal District Court openings, the President will usually allow a Senator from that state who is of the same party as the Administration to decide who should be nominated. If both Senators are of the President’s party, the more senior one gets to make the call. If neither is, the President may rely on a same-party senior House member from that state or big player in the state party.