Judges and magistrates

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Judges, magistrates and other judicial workers apply the law and oversee the legal process in courts according to local, state and federal statutes. They preside over cases concerning every aspect of society, from traffic offenses to the rights of huge corporations. All judicial workers must ensure that trials and hearings are conducted fairly.

The most visible responsibility of judges is presiding over trials or hearings and listening as attorneys represent the parties present. They rule on the admissibility of evidence and the methods of conducting testimony, and they may be called upon to settle disputes between opposing attorneys. Judges ensure that rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, they determine how the trial will proceed based on their interpretation of the law.

When there is not a jury trial, judges decide the cases. Outside the courtroom, in their private offices, judges read documents on pleadings and motions, research legal issues, write opinions and oversee the court's operations. In some jurisdictions, judges also manage the courts' administrative and clerical staff.

Administrative law judges, sometimes called hearing officers or adjudicators, are employed by government agencies to make determinations for administrative agencies. They make decisions on a person's eligibility for various Social Security benefits or worker's compensation, protection of the environment, enforcement of health and safety regulations, employment discrimination and compliance with economic regulatory requirements.

During arbitration, opposing parties submit their dispute to one or more impartial persons, called arbitrators, for a final and binding decision. Arbitrators usually are attorneys or businesspersons with expertise in a particular field. Mediation involves an attempt by the parties to resolve their dispute with the aid of a neutral third party and generally is used when the parties wish to preserve their relationship. A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves. Conciliation is similar to mediation. The conciliator's role is to guide the parties to a settlement. The parties must decide in advance whether they will be bound by the conciliator's recommendations for settlement. All of these alternative proceedings are confidential and less formal than a court trial. If no settlement is reached, any statements made during the proceedings are inadmissible as evidence in any subsequent litigation.

Work in these occupations presents few hazards, although sitting in the same position for long periods of time while in the courtroom can be tiring. Most judges work a standard 40-hour week, but many work over 50 hours per week.

Training and qualifications

A bachelor's degree and work experience are the minimum requirement for a judgeship or magistrate position. Federal and state judges usually are required to be lawyers. About 40 states allow non-lawyers to hold limited jurisdiction judgeships. Federal administrative law judges must be lawyers and pass a competitive examination administered by the U.S. Office of Personnel Management. Some state administrative law judges and other hearing officials are not required to be lawyers.

All states have some type of orientation for newly elected or appointed judges. More than half of all states require judges to enroll in continuing education courses while serving on the bench.

Mediators who practice in state- or court-funded mediation programs usually must meet specific training or experience standards, which vary by state and court. In most states, individuals who offer private mediation services do not need a license, certification or specific coursework, but most have completed mediation training and agreed to comply with certain ethical standards. Training for arbitrators, mediators and conciliators is available through independent mediation programs, national and local mediation membership organizations and postsecondary schools.

Job outlook

Employment of judges and magistrates is expected to grow more slowly than the average through 2010. The prestige associated with serving on the bench should ensure competition.

Contradictory social forces affect the demand for judges. Growing public concerns about crime, safety and efficient administration of justice should spur demand, while public budgetary pressures will limit job growth. And not only has the quantity of caseload filings increased, but many cases have become more complex.

Employment of arbitrators, mediators and conciliators is expected to grow faster than the average for all occupations through 2010 as more people try to avoid litigation, which can involve lengthy delays, high costs, unwanted publicity.

Earnings

Judges, magistrates and other judicial workers held 43,000 jobs in 2000, primarily in state and local government.

Judges, magistrate judges and magistrates had median annual earnings of $86,760 in 2000. Administrative law judges, adjudicators and hearing officers earned a median of $61,240, and arbitrators, mediators and conciliators earned a median of $43,060.

Related links

For information on judges, magistrates and other judicial workers:

National Center for State Courts, 300 Newport Ave., Williamsburg, VA 23185.

For information on arbitrators, mediators and conciliators:

American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017.

Adapted from the Labor Department's Occupational Outlook Handbook.