How the courts work

Article III vs. Article I judges

Not every federal judge holds the same kind of office. The Constitution’s Article III creates judges with lifetime tenure; Congress has separately created judicial officers under Article I who serve fixed, renewable terms. That difference decides how a judge is chosen and how long they stay.

Article III judges

Supreme Court justices, courts of appeals judges, and district judges are Article III judges. The president nominates them and the Senate confirms them, and they hold office “during good Behaviour,” meaning for life absent resignation, retirement, or impeachment; their salary cannot be reduced while they serve. Browse the Supreme Court and the district courts.

Article I and other judicial officers

Bankruptcy judges and magistrate judges are not Article III judges. Bankruptcy judges are appointed by the courts of appeals to fourteen-year terms; magistrate judges by the district courts to eight-year terms under 28 U.S.C. § 631. They carry a large share of the federal caseload, but without lifetime tenure and without the nomination and confirmation process. See the bankruptcy courts, and the difference between a magistrate judge and a district judge.