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Speak Up! - View Question #639 |
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Question: What are the requirements in order for someone to become a Judge at federal level?
Answer: Article III of the United States Constitution does not list any specific requirements
to be a federal judge. It only requires the President to appoint judges with the
advice and consent of the Senate.
In reality, the president accepts recommendations from senators and/or congressmen
of the state in which the judge will serve. Typically, the president accepts
recommendations from legislators of his own party. Some states, such as New
York, Wisconsin and California, have nominating commissions appointed by state
legislators that make recommendations for federal judicial nominees.
Once the recommendations are received, the Department of Justice reviews the
nominee's background to help the president make his decision. When the president
nominates someone for an open position on the federal bench, the Senate Judiciary
Committee conducts their own investigation into the nominee's qualifications.
There is no set list of requirements, but Senator Orrin Hatch of Utah, who sits
on the Judiciary Committee, has said that he personally believes the Committee
should focus on the qualifications of a nominee: honesty, competence, temperament,
and the nominees appreciation for the proper constitutional role of an
Article III judge. Statement of Senator Orrin Hatch, July 1, 1999.
Members of the public are invited to comment on the nomination. The American
Bar Association's judiciary committee evaluates each nominee's professional
qualifications and provides senators with an opinion about whether they believe
the nominee is qualified based on their evaluation of the nominee's integrity,
professional competence and judicial temperament. Although not binding, some
members of the Senate give weight to this non-partisan evaluation, among other
factors, when deciding whether a nominee should be confirmed.
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