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Training, Certifications, Skills, Advancement: Judges, Magistrates, and Other Judicial Workers
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A bachelor’s degree and work experience usually constitute the minimum requirement for a judgeship or magistrate position. A number of lawyers become judges, and most judges have first been lawyers. In fact, Federal and State judges usually are required to be lawyers. About 40 States allow non lawyers to hold limited-jurisdiction judgeships, but opportunities are better for those with law experience. 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.
Federal administrative law judges are appointed by various Federal agencies, with virtually lifetime tenure. Federal magistrate judges are appointed by district judges—the life-tenured Federal judges of a district court—to serve in a United States district court for a period of 8 years. A part-time federal magistrate judge’s term of office is 4 years. Some State judges are appointed, but the remainder are elected in partisan or nonpartisan State elections. Many State and local judges serve fixed renewable terms ranging from 4 or 6 years for some trial court judgeships to as long as 14 years or even life for other trial or 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 and for some Federal judgeships.
All States have some type of orientation for newly elected or appointed judges. The Federal Judicial Center, American Bar Association, National Judicial College, and National Center for State Courts provide judicial education and training for judges and other judicial-branch personnel. General and continuing education courses usually last from a couple of days to 3 weeks in length. More than half of all States, as well as Puerto Rico, require judges to enroll in continuing education courses while serving on the bench.
Training and education requirements for arbitrators, mediators, and conciliators differ from those for judges. 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 course work; however, many private mediators and most of those affiliated with mediation organizations and programs have completed mediation training and agreed to comply with certain ethical standards. For example, the American Arbitration Association (AAA) requires mediators listed on its mediation panel to complete an AAA training course, receive recommendations from the trainers, and complete an apprenticeship.
Training for arbitrators, mediators, and conciliators is available through independent mediation programs, national and local mediation membership organizations, and postsecondary schools. In 2002, 16 colleges or universities in the United States offered master’s degrees in dispute resolution or conflict management, and 2 offered doctoral degrees. Many more schools offer conflict-management specializations within other degree programs. Degrees in public policy, law, and related fields also provide good background for prospective arbitrators, mediators, and conciliators.