Q:  Why should I care about federal judges?
A:  Federal judges play a critical role in defining tribal sovereignty and interpreting federal Indian policy. They make decisions that determine the types of schools our children attend and the level of education they will receive there, as well as how far the government can go in limiting our rights in order to protect us from future attacks by terrorists.

Q:  What are the federal courts?
A:  The federal judiciary (or the “federal bench”) hears both criminal and civil cases and is composed of three types of courts- district courts, circuit courts, and the Supreme Court. There are also specialized federal trial courts, including the Court of Federal Claims, bankruptcy courts, and the Court of International Trade, which hear cases related to specific issues.

District Courts
The 94 district courts are where trials are conducted. Each state has at least one district court. For a list of judicial districts organized by tribe, click here.

Circuit Courts
There are 12 regional circuit courts that consider appeals from the district courts. Click here for a map of the Circuit Courts and a list of the Circuit Courts organized by tribe.

Supreme Court
The Supreme Court is the nation’s highest court. The Court’s 9 Justices considers appeals from the Circuit courts. 

Q:  How many federal judges are there?
A:  Congress decides, by passing statutes, the number of federal court "seats" as well as where the seats are placed around the country. At the moment, there are about 862 seats for federal judges, the vast majority of them, 665, at the district (trial) court level. The 665 district court seats are divided among 93 judicial districts; each state has at least one district, several states have two, and some of the larger states, such as New York, California, Pennsylvania, and Texas have three or even four districts. There are 179 court of appeals seats. These seats are divided among thirteen "circuits." The first eleven circuits are numbered and are made up of a group of states (for example, the First Circuit is made up of Maine, New Hampshire, Massachusetts, Rhode Island and Puerto Rico, and the Second Circuit is made up of Vermont, Connecticut and New York). There is also a federal appellate court for Washington, D.C., called the D.C. Circuit, and a Federal Circuit that hears certain types of appeals from around the nation

Q: How many Indians serve as federal judges?
A: Since 1969 only 2 Native Americans have been appointed to the federal judiciary. There are currently no active judges who are tribal members.

Q:  How does someone become a federal judge?
A:  Article II, Section 2 of the Constitution authorizes the President to nominate candidates for the federal judiciary, and instructs the Senate to provide "advice and consent" in order for the nominee to be confirmed. In practice, this means that the President, usually with input from within the White House and from the various states from which the judges come, chooses nominees. By tradition, the White House also consults with the senators from a potential nominee's home state before formally announcing the nomination, although this does not always happen. 

The Senate, as with other matters, has a committee to review the nominees. The Judiciary Committee, which is charged with this task, holds hearings, at which senators who are members of the Committee have a chance to review the records of the nominees and ask them questions. After the hearing, the Committee votes. If a nominee is approved by a majority of the Committee, the nomination is then sent to the floor for a vote by the full Senate, and a favorable vote means confirmation and a lifetime appointment to the federal bench. This process is described in more detail in our process section.

Q:  How long do federal judges serve?
A:  Federal judges have “life tenure.” This means that once a judge is appointed, he or she serves until he retires, resigns, dies, or is impeached. If a judge does retire, resign, or die, that seat stays empty until a new judge is appointed to take his or her place. Click here for more information about the judicial nominations process.