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work of the federal courts touches upon many of the most significant issues
affecting the American people, and federal judges exercise wide authority
and discretion in the cases over which they preside. This section discusses
how federal judges are chosen, and provides basic information on judicial
compensation, ethics, and the role of senior and recalled judges.
Justices of the Supreme Court, judges of the courts of appeals and the district courts, and judges of the Court of International Trade, are appointed under Article III of the Constitution by the President of the United States with the advice and consent of the Senate. Article III judges are appointed for life, and they can only be removed through the impeachment process. Although there are no special qualifications to become a judge of these courts, those who are nominated are typically very accomplished private or government attorneys, judges in state courts, magistrate judges or bankruptcy judges, or law professors. The judiciary plays no role in the nomination or confirmation process. Bankruptcy judges are judicial officers of the district courts and are appointed by the courts of appeals for 14-year terms. Magistrate judges are judicial officers of the district courts and are appointed by the judges of the district court for eight-year terms. The President and the Senate play no role in the selection of bankruptcy and magistrate judges. Judges of the Court of Federal Claims are appointed for terms of 15 years by the President with the advice and consent of the Senate. Each court in the federal system has a chief judge who, in addition to hearing cases, has administrative responsibilities relating to the operation of the court. The chief judge is normally the judge who has served on the court the longest. Chief district and court of appeals judges must be under age 65 to be designated as chief judge. They may serve for a maximum of seven years and may not serve as chief judge beyond the age of 70. All federal judges receive salaries and benefits that are set by Congress. Judicial salaries are roughly equal to salaries of Members of Congress. 
Federal judges abide by the Code of Conduct for United States Judges, a set of ethical principles and guidelines adopted by the Judicial Conference of the United States. The Code of Conduct provides guidance for judges on issues of judicial integrity and independence, judicial diligence and impartiality, permissible extra-judicial activities, and the avoidance of impropriety or even its appearance. Judges may not hear cases in which they have either personal knowledge of the disputed facts, a personal bias concerning a party to the case, earlier involvement in the case as a lawyer, or a financial interest in any party or subject matter of the case. Many federal judges devote time to public service and educational activities. They have a distinguished history of service to the legal profession through their writing, speaking, and teaching. This important role is recognized in the Code of Conduct, which encourages judges to engage in activities to improve the law, the legal system, and the administration of justice. 
Court of appeals, district court, and Court of International Trade judges have life tenure, and they may retire if they are at least 65 years old and meet certain years of service requirements. Most Article III judges who are eligible to retire decide to continue to hear cases on a full- or part-time basis as "senior judges." Retired bankruptcy, magistrate, and Court of Federal Claims judges also may be "recalled" to active service. Without the efforts of senior and recalled judges, the judiciary would need many more judges to handle its cases. Senior judges, for example, typically handle about 15-20% of the appellate and district court workloads. |
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