Misplaced Pages

#170829

51-751: William Schofield (February 14, 1857 – June 10, 1912) was a United States circuit judge of the United States Court of Appeals for the First Circuit and the United States Circuit Courts for the First Circuit . William Schofield was born in Dudley, Massachusetts on February 14, 1857. He received a Bachelor of Laws from Harvard Law School in 1883, and served as a law clerk to United States Supreme Court Justice Horace Gray from 1883 to 1885. He married Ednah M. Green on December 1, 1892. He

102-414: A certain degree of inherent authority to manage the matters before them, ranging from setting the dates for trials and hearings to holding parties in contempt or otherwise sanctioning them for improper behavior. In other circumstances their actions are dictated by federal law, the federal rules of procedure, or "local" rules created by the specific court system itself. The chief judge of each district court

153-550: A changing workload in that district. Although the number of Supreme Court justices has remained the same for well over a century, the number of court of appeals judges has more than doubled since 1950, and the number of district court judges has increased more than three-fold in that period. In addition, some district court judges serve on more than one court at a time. Unlike the judges of Article III courts, non-Article III judges are appointed for specified terms of office. Examples include United States magistrate judges and judges of

204-654: A complaint filed by the agency with the Merit Systems Protection Board (MSPB) established and determined after an APA hearing on the record before an MSPB ALJ. Only ALJs receive these statutory protections; "hearing officers" or "trial examiners", with delegated hearing functions, are not similarly protected by the APA. In Lucia v. SEC , decided in June 2018, the Supreme Court held that ALJs are Inferior Officers within

255-412: A comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an Office of Personnel Management representative, an American Bar Association representative, and a sitting federal ALJ. In American administrative law , ALJs are Article I judges under the U.S. Constitution . As such, they do not exercise full judicial power, essentially,

306-626: A district judge can hear appeals and a circuit judge can try cases). Many federal judges serve on administrative panels like the judicial council for their circuit or the Judicial Conference of the United States . Some of the larger circuit courts like the Ninth Circuit hold regular sessions at multiple locations, and randomly select three-judge panels to hear appeals from all sitting circuit judges regardless of duty station. (Videoconferencing

357-478: A federal judge. The primary function of the federal judges is to resolve matters brought before the United States federal courts. Most federal courts in the United States are courts of limited jurisdiction, meaning that they hear only cases for which jurisdiction is authorized by the United States constitution or federal statutes. Federal district courts are authorized to hear a wide range of civil and criminal cases. District court judges are recognized as having

408-557: A minimum of 10 years of service (70 + 10 = 80). Under section 376 a survivor's annuity to benefit the widow, widower or minor child of the judge may be purchased via a deduction of 2.2% to 3.5% from the retirement benefit. As of 2018 there were 890 authorized Article III judgeships : nine on the Supreme Court, 179 on the courts of appeals, 677 for the US District Courts (includes territorial courts), 16 on

459-633: A model for other states. By 2015, over half of states had created such panels. Most U.S. states have a statute modeled after the APA. In some states, such as New Jersey , the state law is also known as the Administrative Procedure Act. Unlike federal ALJs, whose powers are guaranteed by federal statute, state ALJs have widely varying power and prestige. In some state law contexts, ALJs have almost no power; their decisions are accorded practically no deference and become, in effect, recommendations. In some cities, ALJs are at-will employees of

510-421: A particular request. (For example, emergency motions might require a response from only one judge assigned to be on duty for a particular time period, but final decisions in important cases require the whole court.) Appeals courts range in size from 6 ( First Circuit ) to 29 ( Ninth Circuit ). Some judges have specific expertise by virtue of which court they sit on. By statute, the United States Court of Appeals for

561-409: A period of 373 days. Other federal agencies may request the U.S. Office of Personnel Management to lend them Administrative Law Judges from other federal agencies for a period of up to six months. Some states, such as California , follow the federal model of having a separate corps of ALJs attached to each agency that uses them. Others, such as New Jersey, have consolidated all ALJs together into

SECTION 10

#1732858093171

612-601: A stepping stone to a lucrative position in private practice, the Framers' goal of a truly independent judiciary will be placed in serious jeopardy." Each federal judge serves at a particular "duty station" for the duration of their federal service. This is important because of the relationship among several federal statutes. First, 28 U.S.C. § 456(a) entitles federal judges to reimbursement of transportation and "subsistence" expenses incurred while transacting official business away from their duty stations. Section 456 also prescribes that

663-674: A trial judge, as ALJs may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. Depending upon the agency's jurisdiction, proceedings may have complex multi-party adjudication, as is the case with the Federal Energy Regulatory Commission , or simplified and less formal procedures, as is the case with the Social Security Administration . The Administrative Procedure Act of 1946 (APA) requires that federal ALJs be appointed based on scores achieved in

714-490: A trial judge: an ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. ALJs are limited as they have no power to sanction unless a statute provides such a power. Instead, the ALJ may refer a matter to an Article III Court to seek enforcement or sanctions. The process of agency adjudication is currently structured so as to assure that ALJs exercise independent judgment on

765-489: Is responsible for overseeing assignments of judges to cases, following a written policy. For reasons of impartiality, this is typically done by a random drawing or rotation. Judges may also be assigned particular types of cases based on their technical expertise or assigned to cases in a specific geographic location. Appeals courts and the Supreme Court use similar systems, but depending on the type of filing, may assign one, three, all, or some other number of judges to deal with

816-446: Is sometimes now used to reduce the burden of frequent travel on circuit judges.) The discipline process of federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability." If

867-484: The Chief Justice of the United States . Chief Justice John Roberts has repeatedly pleaded for an increase in judicial pay, calling the situation "a constitutional crisis that threatens to undermine the strength and independence of the federal judiciary". For some partners at leading law firms , especially in major metropolitan areas, becoming a federal judge can represent a more than 90 percent pay cut. Associates at

918-637: The National Association of Hearing Officials . The constitutionality of the use of ALJs by executive branch administrative agencies has become the subject of frequent challenges in judicial branch courts during the early 21st century. In Lucia v. SEC (2018), the U.S. Supreme Court ruled that ALJs are officers of the United States and thus subject to the Appointments Clause of the Constitution—requiring their appointment to be made by

969-725: The National Labor Relations Board 's use of ALJs. At least one court has ruled that the challenges would "neuter" the National Labor Relations Act and are unlikely to succeed, and that the National Labor Relations Board 's use of ALJs is likely constitutional. The United States does not have administrative courts in the judicial branch. In contrast, in the United Kingdom the Tribunals, Courts and Enforcement Act 2007 recognises legally qualified members of

1020-529: The United States , a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution . Often called " Article III judges ", federal judges include the chief justice and associate justices of the U.S. Supreme Court , circuit judges of the U.S. Courts of Appeals , district judges of the U.S. District Courts , and judges of the U.S. Court of International Trade . Federal judges are not elected officials , unlike

1071-682: The United States Court of Appeals for the First Circuit and the United States Circuit Courts for the First Circuit vacated by Judge Francis Cabot Lowell . He was confirmed by the United States Senate on June 6, 1911, and received his commission the same day. On December 31, 1911, the Circuit Courts were abolished and he thereafter served only on the Court of Appeals. His service terminated on June 10, 1912, due to his death. United States federal judge [REDACTED] [REDACTED] In

SECTION 20

#1732858093171

1122-501: The United States bankruptcy courts , United States Tax Court , United States Court of Federal Claims , and United States territorial courts . Although the term "non-Article III judges" is used to describe the absence of tenure and salary protection, bankruptcy courts are formally designated as divisions of U.S. District Courts, whose district judges are Article III judicial officers. Moreover, in Freytag v. Commissioner , 501 U.S. 868 (1991),

1173-445: The chief judge of the circuit does not dismiss the complaint or conclude the proceedings, then they must promptly appoint himself or herself, along with equal numbers of circuit judges and district judges, to a special committee to investigate the facts and allegations in the complaint. The committee must conduct such investigation as it finds necessary and then expeditiously file a comprehensive written report of its investigation with

1224-496: The judicial council of the circuit involved. Upon receipt of such a report, the judicial council of the circuit involved may conduct any additional investigation it deems necessary, and it may dismiss the complaint. If a judge who is the subject of a complaint holds their office during good behavior, action taken by the judicial council may include certifying disability of the judge. The judicial council may also, in its discretion, refer any complaint under 28 U.S.C. § 351, along with

1275-448: The president and vice president and U.S. senators and representatives . Instead, they are nominated by the president and confirmed by the Senate. The Constitution gives federal judges life tenure , and they hold their seats until they die, resign, or are removed from office through impeachment . Strictly speaking, the term "federal judge" does not include U.S. magistrate judges or

1326-558: The ALJs with research, writing, drafting of opinions and orders, and assisting with the administration of hearings and other trial-like adjudications. Furthermore, Attorney Advisors usually have practiced as lawyers in the particular field which the ALJ possesses expertise in. The United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of

1377-707: The Constitution , not independently via Article Three. These judges are often known as "Article One judges". According to the Appointments Clause of Article Two of the U.S. Constitution , all federal judges, including the judges of the Supreme Court and inferior federal courts created by the Congress, shall be nominated by the president and confirmed by the Senate. The Constitution does not provide any eligibility criteria – such as age, literacy , citizenship , legal education , legal/ bar or any professional certification , and legal/judicial experience – for one to be appointed as

1428-606: The District of Columbia is the duty station of all members of the U.S. Supreme Court, the D.C. Circuit, the Federal Circuit, and the U.S. District Court for the District of Columbia. Second, there are several reasons federal judges need to transact official business outside of their regular courthouse. 28 U.S.C. §§ 291 and 292 authorize a broad variety of temporary reassignments of circuit and district judges, both horizontally (i.e., to other circuits or districts) and vertically (so that

1479-655: The Federal Administrative Law Judges Conference, the Association of Administrative Law Judges, which represents only Social Security ALJs, and the Forum of United States Administrative Law judges. Professional organizations that include both state and federal ALJs include the National Association of Administrative Law Judiciary , the ABA National Conference of Administrative Law Judiciary , and

1530-658: The Federal Circuit has exclusive appellate jurisdiction for patents, trademarks, and certain employee benefits. Because it geographically covers the headquarters of federal agencies, the judges of the United States Court of Appeals for the District of Columbia Circuit gain special expertise in administrative and constitutional law. Section 1 of Article Three of the U.S. Constitution provides that federal judges "shall hold their Offices during good Behaviour". This clause has long been interpreted to give federal judges life tenure . Federal judges hold their seats until they resign, die, or are removed from office by impeachment . Although

1581-521: The President or an otherwise delegated officer—but they do not require Senate confirmation as they are merely considered "inferior" officers. In 2023, the case of SEC v. Jarkesy raised the issues of whether the use of ALJ factfinding as a replacement for a jury trial violates the Seventh Amendment and the nondelegation doctrine . In June 2024, the U.S. Supreme Court ruled by a 6-3 majority that

William Schofield - Misplaced Pages Continue

1632-573: The SEC's use of ALJs in administrative proceedings for regulatory violations analogous to securities fraud violates the Seventh Amendment because there was a right to a jury trial in fraud actions at common law, then refused to decide any other issues. While Lucia and Jarkesy were specifically focused on the SEC, there are other pending cases in lower-level courts (such as those brought by SpaceX and Trader Joe's ) which brought similar challenges to

1683-523: The Supreme Court concluded that the judges of the U.S. Tax Court (and their special trial judges) exercise a portion of "the judicial power of the United States." Administrative law judge In the United States, the United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge . An ALJ's powers are often, if not generally, comparable to those of

1734-545: The U.S. Constitution . In a 2013 majority opinion signed by Associate Justice Antonin Scalia , the U.S. Supreme Court explained: The dissent overstates when it claims that agencies exercise "legislative power" and "judicial power" ... The former is vested exclusively in Congress ... the latter in the "one supreme Court" and "such inferior Courts as the Congress may from time to time ordain and establish" ... Agencies make rules ... and conduct adjudications ... and have done so since

1785-580: The US Court of Federal Claims* and nine on the Court of International Trade . The total number of active federal judges is constantly in flux, for two reasons. First, judges retire or die, and a lapse of time occurs before new judges are appointed to fill those positions. Second, from time to time Congress will increase (or, less frequently, decrease) the number of federal judgeships in a particular judicial district, usually in response to shifting population numbers or

1836-857: The agency, making their decisional independence potentially questionable. In some agencies, ALJs dress like lawyers in business suits , share offices, and hold hearings in ordinary conference rooms. In other agencies (especially certain offices of the Division of Workers' Compensation of the California Department of Industrial Relations ), ALJs wear robes like Article III judges , are referred to as "Honorable" and "Your Honor", work in private chambers, hold hearings in special "hearing rooms" that look like small courtrooms , and have court clerks who swear in witnesses. State ALJs can be generalists or specialize in specific fields of law, such as tax law. Professional organizations that represent federal ALJs include

1887-582: The beginning of the Republic. These activities take "legislative" and "judicial" forms, but they are exercises of—indeed, under our constitutional structure they must be exercises of—the "executive Power." Most of the agencies below have only a few dozen ALJs. In 2013, the Social Security Administration (SSA) had by far the largest number of ALJs at over 1,400, who adjudicate over 700,000 cases each year. The average SSA hearing process occurs over

1938-399: The evidence before them, free from pressures by the parties or other officials within the agency. The procedure for reviewing an ALJ's decision varies depending upon the agency. Agencies generally have an internal appellate body, with some agencies having a Cabinet secretary decide the final internal appeals. Moreover, after the internal agency appeals have been exhausted, a party may have

1989-440: The financial blow is to spend only a few years on the bench and then return to private practice or go into private arbitration, but such turnover creates a risk of a revolving door judiciary subject to regulatory capture . Roberts has warned that "judges are no longer drawn primarily from among the best lawyers in the practicing bar" and "If judicial appointment ceases to be the capstone of a distinguished career and instead becomes

2040-569: The judges of lesser federal tribunals such as the U.S. Bankruptcy Courts , the U.S. Court of Federal Claims , the U.S. Court of Appeals for the Armed Forces , the U.S. Court of Appeals for Veterans Claims , the U.S. Tax Court , and other " Article One tribunals ". Nor does it apply to the administrative law judges of federal government agencies. Although these judges serve on courts of the federal government, they do not have life tenure, and their authority derives from Congress via Article One of

2091-497: The largest U.S. law firms with judicial clerkship experience already earn as much as a federal judge in their first year as full-time associates. When those attorneys eventually become experienced partners and reach the stage in life where one would normally consider switching to public service, their interest in joining the judiciary is tempered by the prospect of a giant pay cut back to what they were making 10 to 20 years earlier (adjusted for inflation). One way for attorneys to soften

William Schofield - Misplaced Pages Continue

2142-830: The legal orthodoxy is that judges cannot be removed from office except by Congressional impeachment, several legal scholars, including William Rehnquist , Saikrishna Prakash , and Steven D. Smith, have argued that the Good Behavior Clause may, in theory, permit removal by way of a writ of scire facias filed before a federal court, without resort to impeachment. Deaths of United States federal judges in active service may also have profound political and procedural effects, as such circumstances present substantially less opportunity for preparation for an orderly succession. As of 2024, federal judges' annual salaries are: $ 246,300 for district judges, $ 257,900 for circuit judges, $ 298,500 for associate Supreme Court justices , and $ 312,200 for

2193-487: The meaning of the Appointments Clause of the United States Constitution. This means that they must be appointed by the president or by heads of departments (but without also requiring Senate advice and consent , unless Congress amends the law to require that). ALJs usually hire Attorney Advisors, who serve a role similar to judicial law clerks of Article III judges . For example, Attorney Advisors assist

2244-408: The national system of administrative law tribunals as members of the judiciary of the United Kingdom who are guaranteed judicial independence . ALJs cannot be recognized as members of the judicial branch of government (without first completely ejecting them from their home agencies in the executive branch), because to do so would violate the bedrock principle of separation of powers as embodied in

2295-577: The power afforded them under the Administrative Procedures Act, 5 U.S.C. §557. Unlike the agency, ALJs are not policy or rule makers. ALJs are generally considered to be part of the executive branch, not the judicial branch, but the APA is designed to guarantee the decisional independence of ALJs. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal administrative law judges are not responsible to, or subject to,

2346-424: The power over life, liberty, and property. Article I (legislative) judges and courts are not constrained to rendering opinions for only a "case or controversy" before them and may render advisory opinions on a purely prospective basis, such as, e.g. , Congressional reference cases assigned to the Court of Federal Claims . Agency ALJs do not have the power to offer such advisory opinions, as it would be in violation of

2397-418: The record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States . The Judicial Conference may exercise its authority under the judicial discipline provisions as a conference, or through a standing committee appointed by the chief justice. Judges who meet their age and service requirements may retire and will then earn their final salary for

2448-687: The remainder of their life, plus cost-of-living increases. The "Rule of 80" is the commonly used shorthand for the age and service requirement for a judge to retire, or assume senior status , as set forth in Title 28 of the U.S. Code, section 371(c). Beginning at age 65, judges may retire at their current salary, or take senior status, after performing 15 years of active service as an Article III judge (65 + 15 = 80). A sliding scale of increasing age and decreasing service (66 + 14, 67 + 13, 68 + 12, 69 + 11) results in eligibility for retirement compensation at age 70 with

2499-432: The right to file an appeal in the state or federal courts. Relevant statutes usually require a party to exhaust all administrative appeals before they are allowed to sue an agency in court. Administrative law judges may be employed by a "central panel" organization, which provides the judges with independence from agencies. The California Administrative Procedure Act created an early central panel in 1945, and it served as

2550-424: The supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency. Ex parte communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses. 5 CFR 930.206. Agency officials may not interfere with their decision-making, and administrative law judges may be discharged only for good cause based upon

2601-586: Was in private practice of law in Boston , Massachusetts from 1885 to 1903, serving as an instructor at Harvard University from 1886 to 1892, and as a member of the Massachusetts House of Representatives from 1899 to 1902. He was an associate judge of the Massachusetts Superior Court from 1903 to 1911. Schofield was nominated by President William Howard Taft on May 25, 1911, to a joint seat on

SECTION 50

#1732858093171
#170829