26d. Today's Federal Judiciary

Today's Federal Judiciary

The District Court for the District of New Hampshire is now one of 94 federal district courts nationwide. District judges, like judges of the U.S. Court of Appeals and Justices of the Supreme Court, are nominated and receive lifetime appointments by the President of the United States, with the advice and consent of the Senate. New Hampshire’s district court has three authorized judgeships. Senior judges (district judges who have reached retirement age but choose to continue to hear cases) assist with the court’s workload. The court also benefits from the assistance of magistrate judges, whom the district judges appoint to a specified term, as authorized by the Federal Magistrates Act of 1968. (For more information on magistrate judgeships, see Exhibit #18.)

As a trial court of original jurisdiction, the district court is where most federal cases begin. Cases that involve a federal question (concerning the interpretation and application of the Constitution, laws or treaties of the United States), and those that satisfy diversity jurisdiction requirements (suits between parties of different states) are heard by the district court. District court judges conduct both civil and criminal trials, some with a jury and some without. Except for cases where a criminal defendant is found not guilty, district court judgments can be appealed to the United States Courts of Appeals. In most instances, New Hampshire’s federal district court cases are appealable to the United States Court of Appeals for the First Circuit, which is located in Boston, Massachusetts. Other districts within this judicial circuit include Maine, Massachusetts, Puerto Rico, and Rhode Island. There are a total of thirteen US Courts of Appeals across the country.

Each district court maintains an office of the United States Probation and Pretrial Services System. The office conducts investigative, advisory, and supervisory functions to facilitate appropriate decisions regarding pretrial defendants and post-conviction offenders. Charged with both law enforcement and social services responsibilities, Probation and Pre-trial Services personnel work to ensure compliance with court-ordered conditions of release.

The United States Bankruptcy Court operates as a unit of the United States District Court. Bankruptcy judges are judicial officers of the district court, appointed to a specified term by each circuit’s Court of Appeals. The bankruptcy court for the District of New Hampshire currently has one authorized judgeship. The bankruptcy judge determines the eligibility of bankruptcy filings, and presides over the lawful administration and litigation of bankruptcy cases. Bankruptcy court decisions are subject to specific jurisdictional rules for appeal. (For a more detailed history of the bankruptcy court, see Exhibit #4.)

Appeals to the United States Supreme Court

To contest a United States Court of Appeals decision, a petition for review by writ of certiorari can be filed with the United States Supreme Court. The nine Justices of the Supreme Court use their discretion in accepting petitions for review of lower federal cases, as well as state supreme court cases that raise a federal question. Each year, the United States Supreme Court hears between 100 and 150 cases out of several thousand filed appeals. As the final judicial arbiter, the Court’s determination of the law sets legal precedent for the nation.

The United States Supreme Court’s power of judicial review enables it to determine the constitutionality of executive or legislative actions. Together, the judiciary, the executive branch and the legislative branch of the federal government comprise the essential system of checks and balances that ensures the survival of our constitutional democracy.