If you’re searching for the legal definition of an active judge, you’ve come to the right place. Our comprehensive FAQs guide explains everything you need to know about active judges, senior judges, and their roles in the U.S. court system.
Learn about the different types of judges, how they preside over cases, and the key differences between active and senior judges in both state and federal courts.
Explore our expert legal resource to better understand the U.S. judiciary and how judges impact the legal system.
What Is an Active Judge in U.S. Courts?
An active judge is a judicial officer who currently serves in a full-time capacity, presiding over cases and carrying out the responsibilities assigned by their court. These judges are actively engaged in the judicial process, ensuring that legal disputes are resolved fairly and in accordance with the law.
Roles and Responsibilities of an Active Judge
Active judges handle a wide range of legal matters depending on the court to which they are appointed or elected. Their primary duties include:
- Presiding over trials and court proceedings
- Hearing legal arguments from attorneys and litigants
- Issuing rulings on motions and legal issues
- Rendering judgments and sentencing in both civil and criminal cases
- Interpreting and applying laws to ensure justice is served
Where Do Active Judges Serve?
In the United States, active judges serve at various levels of the judicial system, including:
- Federal Courts – U.S. District Courts, U.S. Courts of Appeals, and the U.S. Supreme Court
- State Courts – Trial courts, appellate courts, and state supreme courts
- Specialty Courts – Bankruptcy courts, tax courts, and administrative law courts
What are the Different Kinds of Judges?
There are many different types of judges who have various roles in the judicial system. The different types of judges include the following:
- Supreme Court Justices: They serve the country’s highest court and are primarily tasked with making major legal decisions by interpreting the meaning of the law in constitutional cases. However, Supreme Court justices can hear trial and appeal cases. SCOTUS judges are nominated by the President and approved by the Senate. They have lifetime appointments.
- Appellate Judges: they control the appellate courts or courts of appeals, overseeing the reviews of decisions made by trial courts to determine if there was an error.
- Trial Judges: they preside over trial courts and hear cases at the initial stage of legal proceedings.
- Magistrate Judges: they are appointed by federal district court judges to handle various matters, such as pretrial motions, preliminary hearings, and discovery disputes.
- Administrative Law Judges: ALJs work within administrative agencies and preside over hearings and proceedings related to administrative law matters. They decide on issues such as licensing, benefits, regulatory compliance, issue subpoenas, and administrative regulations disputes. Administrative law judges are part of the executive branch instead of the judicial branch of the US government.
- Municipal Court Judges: they preside over local or municipal courts and handle cases involving city or county ordinances, traffic violations, minor criminal offenses and misdemeanors, and small civil claims.
- Speciality Court Judges: they preside over specialized courts that focus on specific areas, such as family social services, drug courts, veteran’s courts, or mental health courts. These courts aim to address specific issues and provide specialized treatment or assistance to individuals involved.
What is the Difference Between Active Judge and Senior Judge?
The main difference between an active judge and a senior judge is their employment status and level of responsibilities. An active judge serves in a full-time capacity on the bench. They are actively involved in the judicial process, presiding over cases, making decisions, and carrying out their regular judicial duties.
Active judges are appointed to their positions and can either serve for a term or until they retire.
A senior judge is a judge who has taken senior status, which is a form of semi-retirements available to federal judges in the United States who meet certain age and length of service requirements.
These required qualifications are often referred to as the “Rule of 80.” Before an Article III judge can gain senior status, they must be at least 65 and serve at least 15 years as active judges.
They have the option to reduce their caseload or take on less responsibility. Senior judges can continue to hear cases but have a more flexible schedule. They can use their extra time for personal matters, helping other cases, and mentoring younger judges.
How Many Active Judges are There in US?
As of now, there are 870 active federal judges (Article III) in the United States judicial system. This number consists of 9 on the Supreme Court, 179 on the Courts of Appeals, 673 on various district courts, and 9 on the Court of International Trade.
