|
| www.courtinginfluence.net | back to regular view |
Nomination Process
|
Federal Judicial Nomination Process Justices of the Supreme Court, judges of the U.S. appeals courts and 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. The Court of Federal Claims, a special court that has national jurisdiction over federal contract and constitutional matters, is composed of 16 judges who are nominated by the President and confirmed by the Senate for terms of 15 years. 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. After judicial nominees are selected by the President and submitted to the Senate for confirmation, the US Senate Judiciary Committee normally schedules a confirmation hearing to debate the merits of a particular nominee. In addition, a committee of lawyers appointed by the American Bar Association produces a report that rates the nominee’s qualifications. Senate tradition usually holds that a confirmation hearing will not take place without the approval of the two Senators from the nominee’s home state. Once a confirmation hearing has been held, the Judiciary Committee schedules a majority vote whether to send the nominee on to the full Senate for the final confirmation vote. The Senate then confirms the judicial nominee, usually by a majority vote unless a 3/5 majority (60 votes) is needed to overcome a filibuster by opposing Senators. In rare cases, the President has the authority to issue an emergency “recess appointment” to temporarily appoint a nominee to a judgeship while Congress is out of session. The recess appointment lasts only until the end of the Congressional term, when the nominee must be confirmed by a Senate vote to return to the federal bench. |
|
For Further Information: US. Dept. of Justice, Office of Legal Policy
Posts federal judiciary vacancies, pending nominees, resumes and bios of all judicial nominees by Congressional session. |