Laws affect every aspect of our society. They regulate the entire spectrum of relationships among individuals, groups, businesses, and governments. They define rights as well as restrictions, covering such diverse activities as judging and punishing criminals, granting patents, drawing up business contracts, paying taxes, settling labor disputes, constructing buildings, and administering wills.
Nature of the Work:
Judges oversee the legal process that in courts of law resolves civil disputes and determines guilt in criminal cases according to Federal and State laws and those of local jurisdictions. They are responsible for insuring that trials and hearings are conducted fairly and justice is administered in a manner that safeguards the legal rights of all parties involved. Judges preside over trials or hearings and listen as attorneys representing the parties present and argue their cases. They rule on the admissibility of evidence and methods of conducting testimony, and settle disputes between the opposing attorneys. They insure that rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, judges direct how the trial will proceed based on their knowledge of the law.
Judges often hold pretrial hearings for cases. They listen to allegations and, based on the evidence presented, determine whether they have enough merit for a trial to be held. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending their trial, or may set conditions for temporary release. In civil cases, judges may impose restrictions upon the parties until a trial is held.
When trials are held, juries are often selected to decide cases. However, judges decide cases when the law does not require a jury trial, or when the parties waive their right to a jury. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. Judges sentence those convicted in criminal cases in many States. They also award relief to litigants including, where appropriate, compensation for damages in civil cases.
Judges' duties vary according to the extent of their jurisdictions and powers. Trial court judges of the Federal and State court systems have general jurisdiction over any case in their system. They generally try civil cases that transcend the jurisdiction of lower courts, and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the greatest power and prestige. They review cases handled by lower courts and administrative agencies, and, if they determine that errors were made in a case or if legal precedent does not support the judgment of the lower court, they may nullify the verdict of that court.
The majority of State court judges preside in courts whose jurisdiction is limited by law to certain types of cases. A variety of titles are assigned to these judges, but among the most common are municipal court judge, county court judge, magistrate, or justice of the peace. Traffic violations, misdemeanors, small claims cases, and pretrial hearings constitute the bulk of the work of these judges, but some States allow them to handle cases involving domestic relations, probate, contracts, and selected other areas of the law.
Administrative law judges or hearing officers are employed by government agencies to rule on appeals of agency administrative decisions regarding such things as persons' eligibility for various social insurance benefits or worker's compensation, protection of the environment, enforcement of health and safety regulations, and compliance with economic regulatory requirements.
Working Conditions:
The majority of judges work a standard 40-hour week, but the caseload of some judges requires that they work over 50 hours per week. Many judges spend as many hours outside of court preparing for trials, researching points of law, and preparing rulings and judgments as they do on the bench. Some judges with limited jurisdiction are employed part time and divide their time between their judicial responsibilities and other careers.
Judges, mediators, and hearing officers do most of their work in offices and courtrooms. Their work can be challenging because their work is mostly sedentary and they often sit in the same position in the court or hearing room for extended periods of time and have to continually concentrate unflaggingly on the arguments being presented in court.
Employment:
All Judges work for Federal, State, or local governments, with about half holding positions in State government. Most of the remainder are employed at the local level.
Training, Other Qualifications, and Advancement:
Experience in the practice of law is required, or at least strongly preferred, for most judgeships. All Federal judges and Stale trial and appellate court judges are required to be lawyers or learned in law.
Some judges with limited jurisdiction are not required to be lawyers, but non-lawyers are being phased out in many States, or the positions are being eliminated. Federal administrative law judges must be lawyers and pass a competitive examination administered by the U.S. Office of Personnel Management. Many State administrative law judges and other hearing officials are not required to be lawyers, but law degrees are preferred for most positions.
Federal judges are appointed for life by the President, with the consent of the Senate. Federal administrative law judges are appointed by the various Federal agencies with virtually lifetime tenure. About half of all State judges are appointed, while the remainders are elected in partisan or nonpartisan Stale elections. Most State and local judges serve fixed terms, which range from 4 or 6 years for most limited jurisdiction judgeships to as long as 14 years for some appellate court judges. Judicial nominating commissions, composed of members of the bar and the public, are used to screen candidates for judgeships in many States, as well as for Federal judgeships.
Job Outlook:
Persons seeking positions as lawyers or judges should encounter competition through the year, although the degree of competition for lawyer positions is expected to gradually ease. The prestige associated with serving as a judge should insure continued intense competition for openings on the bench. Although judges work in government, where employment is generally expected to increase slowly, public concerns about crime, safety, and efficient administration of justice should cause employment of judges to increase about as fast as the average for all occupations through the year.
Employment of judges, mediators, and hearing officers is expected to grow marginally and considerably gentler than the normal for all occupations. The number of federal and state judgeships will remain virtually static as almost every new position for a judge must be authorized and approved by legislature.
Moreover, budgetary constraints in federal, state, and local governments are anticipated to curtail the occupationalprogression of judges, magistrates, and administrative law judges.
Turnover among lawyers and judges is low because they are generally well paid, enjoy considerable social status, and have made a substantial educational investment for entry into the field. Nevertheless, the majority of job openings will stem from the need to replace lawyers and judges who transfer to other occupations or retire or stop working for other reasons.
The respectand social standing associated with becoming a judge will ensure that there will be many vying for whatever jobs are available. Most job vacancy will arise as a result of existing judges and other having to vacate their jobs as their terms have expired.
Related Occupations:
Job duties that are similar to those of judges, mediators, and hearing officers include legal assistant, arbitrator, journalist, patent agent, title examiner, legislative assistant, lobbyist, FBI special agent, political office holder, and corporate executive.
