What factors and qualifications does the President consider in the appointment of a federal judge?

Answer 1

There are no constitutional requirements for becoming a federal judge; however, there are established guidelines for most judicial positions.

Article III Federal Courts (Judicial Branch)

• US District Courts
• US Court of International Trade
• US Court of Appeals Circuit Courts
• Supreme Court of the United States

Appointment requires:

1. Nomination by the US President
2. Confirmation by a simple majority vote of the Senate

There are no constitutional requirements for becoming an Article III judge or justice; however, the President usually considers the recommendation and evaluation of the American Bar Association's Standing Committee on the Federal Judiciary. The ABA lists the following suggested minimum criteria for nomination to the above constitutional courts:

1. Member in good standing in the state bar for at least five years
2. Practicing trial attorney and/or trial judge for at least 12 years
3. Competent citizen of good character, integrity, reason, intelligence, and judgment
4. Distinguished accomplishments
5. Appellate nominations must be legal scholars

Article I Federal Courts (Legislative Branch) Examples

• US Bankruptcy Courts
• US Tax Courts
• US Court of Federal Claims
• US Territorial Courts
• United States Court of Appeals for the Armed Forces

Appointment requires:

1. Nomination by the US President
2. Confirmation by a simple majority vote of the Senate

While there are no constitutional qualifications for Article I federal judges, there are established formal guidelines for nomination.

US Bankruptcy Court

1. Member in good standing in every state bar where admitted to practice
2. Practicing attorney for at least five years; or former state judicial officer, U.S. magistrate judge, bankruptcy referee, federal or state agency attorney, or two-year law clerk
3. Competent citizen of good character, integrity, and sound mental and physical health
4. Non-relative of a district judge or circuit judge in presiding Circuit (the Circuit where the administrative law judge will serve)

Other Administrative Law Judges

The qualifications for administrative law judges was established by the Administrative Procedure Act of 1946.

1. Member in good standing or on active status in the state bar
2. Practicing attorney in litigation and/or administrative law for at least seven years
3. Successful completion of a comprehensive four-hour written administrative law examination and an oral examination before an administrative law panel

Federal Magistrates

Federal magistrates are Article I judges who serve in Article III US District Courts, and are hired directly by the district judges to eight-year renewable terms. Title 28 USC § 631 and Regulations of the Judicial Conference of the United States set mandatory minimum qualifications for this position.

1. Member in good standing in the state bar for at least five years
2. Practicing attorney for at least five years
3. Determined by the appointing district court to be competent to perform the duties of the office
4. Not related by blood or marriage to a judge of the appointing court at the time of initial appointment
5. Except as otherwise provided...no individual may serve [as federal magistrate] after having attained the age of seventy years (exceptions listed)

The criteria for part-time magistrates is less stringent.

Answer 2

There are no constitutional requirements for becoming an Article III judge or justice; however, the President usually considers the recommendation and evaluation of the American Bar Association's Standing Committee on the Federal Judiciary. The ABA lists the following suggested minimum criteria for nomination to the federal Judicial Branch:

1. Member in good standing in the state bar for at least five years
2. Practicing trial attorney and/or trial judge for at least 12 years
3. Competent citizen of good character, integrity, reason, intelligence, and judgment
4. Distinguished accomplishments
5. Appellate nominations must be legal scholars

Courts in the Judicial Branch

• US District Courts
• US Court of International Trade
• US Court of Appeals Circuit Courts
• Supreme Court of the United States

Answer 3

The President wants to nominate judges who share his views on interpreting the constitution and federal law and he needs to nominate judges who are qualified by their past records to receive a higher appointment.

However, his nominations must be confirmed by the Senate, so he also must take that factor into consideration especially if the opposition party controls the Senate. He may have to compromise in order to get his nominations confirmed.

Answer 4

There are actually few qualifications for a federal judge. A federal judge does not have to be a lawyer or even an education. The main qualification is a clean record and a history of honor.

Answer 5

I believe the President should most consider whether or not the federal judicial appointee believes in keeping government power restrained within the framework of the U.S. Constitution.