How long are constitutional court judges appointed for
The number of bankruptcy judges is determined by Congress. The Judicial Conference of the United States is required to submit recommendations from time to time regarding the number of bankruptcy judges needed. Bankruptcy judges are appointed for year terms.
The number of magistrate judge positions is determined by the Judicial Conference of the United States, based on recommendations of the respective district courts, the judicial councils of the circuits, and the Director of the Administrative Office of the U. A full-time magistrate judge serves a term of eight years. Duties assigned to magistrate judges by district court judges may vary considerably from court to court.
Who appoints federal judges? How are new judgeships created? Most state court judges—unlike federal judges—are elected, not appointed; and some have to be re-elected, or approved by the voters, every few years. Very few people think that federal judges should be elected.
There are, though, some critics of lifetime tenure: those critics say that lifetime tenure causes judges to stay in their positions longer than they should—after they have become too old to do their job well, either just because of age or because they are out of touch with modern times.
Maybe, these critics say, judges should be appointed for a fixed term of years—say 14 or 18 years—with no chance of being reappointed. But a change like this would almost certainly require a constitutional amendment, and the chance of its happening is extremely small. Although the guarantee that judges will have lifetime tenure seems simple, it actually raises a difficult question in our system. In the federal government, there are many officials who do judge-like things—think of military courts-martial, for example—but who do not have the lifetime tenure that Article III seems to require for federal judges.
Many of these officials are members of, or work for, administrative agencies—what is sometimes called the federal bureaucracy. Officials like this will rule on whether, for example, a company has used advertisements that deceive consumers, or a business has wrongly tried to prevent its workers from joining a union, or the government has not paid a person the disability benefits he or she is entitled to.
These administrative officials usually serve only for a few years, after which the President can replace them. There are safeguards to prevent officials of this kind from being openly biased or unfair, but because they are appointed so frequently, they are often thought to be more responsive to day-to-day politics than judges are. Why do we allow these officials to resolve disputes in the way that judges do, even though they do not have the lifetime tenure guarantee that judges have?
The answer is complicated, but the basic idea is that you generally have a right to appeal from a decision of one of these officials to a judge whose independence is protected by lifetime tenure. So judges—including, potentially, the Supreme Court—will have the final word, and that, the Supreme Court has said, is enough to maintain the principle of judicial independence enshrined in Article III. One part of the answer is easy: the federal courts have the power to decide certain cases and resolve certain controversies, in a neutral and objective way, by interpreting the relevant laws and applying them to the relevant facts.
Here, things get more complicated. OCJ Judicial Vacancies. The notion of a bill of rights for South Africa can be traced back to an ANC document in the early s.
The Freedom Charter of carried the idea forward. How judges are appointed. The courts only try actual cases and controversies — a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect.
Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each year. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases.
The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.
The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.
Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress. However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction over limited types of cases, including those involving ambassadors and other diplomats, and in cases between states.
Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials.
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