Active Judge

If you are wondering what the legal definition of an active judge is, you have come to the right place. Our FAQs resource guide teaches all about the different types of active judges, senior judges, and what they do in the US court system.

Who is an Active Judge in US Courts?

An active judge is a judge who is currently serving in a full-time capacity on the bench and actively presides over cases. They are fully engaged in the judicial process and carry out their duties and responsibilities assigned by their courts.

Active Judges handle various legal matters, depending on the court they are elected or appointed to. They preside over trials, hear arguments, make rulings on legal issues, and render judgments.

They are responsible for interpreting and applying the law impartially to resolve disputes.

In the United States, active judges serve in the federal and state court systems, including appellate courts, district courts, and specialty courts.

Elected Judges serve a specific term until they must run for re-election in order to continue serving.

However, not all judges are elected or have finite terms, as federal judges are appointed and have lifetime terms under Article III of the US Constitution.

Federal judges are called “Article III Judges” and are nominated by the President and approved by the US Senate.

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:

1. 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.
2. 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.
3. Trial Judges: they preside over trial courts and hear cases at the initial stage of legal proceedings.
4. Magistrate Judges: they are appointed by federal district court judges to handle various matters, such as pretrial motions, preliminary hearings, and discovery disputes.
5. 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.
6. 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.
7. 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.