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All Rise: The Judge’s Job

Article Three of the United States Constitution | Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times."

—Warren E. Burger, Chief Justice of the United States 1969–1986

The backbone of an independent federal judiciary is life-tenured judges. United States Supreme Court Justices, federal appellate judges, and district judges are all appointed by the president of the United States, with advice and consent of the United States Senate under Article III of the United States Constitution.

In federal trial courts, justice is administered by United States District Judges and by judges who are appointed for fixed terms—United States Magistrate Judges and United States Bankruptcy Judges.

These judges come from a variety of professional backgrounds—some were private lawyers, some were state court judges, some were government lawyers, and some were law professors.

 

It's Not TV! Real court is not a 30-minute TV show; it involves real people, lives, and money. Reality TV court shows are pretend courts where the "judge" is the center of attention and there are no lawyers. On TV, the "judges" are hired, and the plaintiffs and defendants are paid.

A Job for Life

The United States Constitution provides life tenure and unreduced salary to Article Three judges, so they will not fear losing their jobs or having their pay cut if they make an unpopular decision. This constitutional protection gives them the freedom and independence to make decisions that are politically and socially unpopular. An independent judiciary is a basic element of our democracy.

A black judge robeWhy Do Judges Wear Black Robes?

Upon the founding of our country, John Adams and Thomas Jefferson disagreed on what judges should wear. John Adams, our second president, wanted judges to dress similarly to English judges and wear red robes and wigs. Thomas Jefferson,  on the other hand, preferred that judges wear suits. A compromise agreement was reached; judges would wear black robes, but they would not wear wigs.

The robe is considered a reminder of the law and a symbol of neutrality.

 

A judge's gavelWhy Do Judges Use Gavels?

Technically, gavels are used to restore order, and the striking of a gavel can signify the end of an issue. Most judges prefer using their voice to the pounding of a gavel.