U.S. Circuit and District Court Judges: Profile of Select Characteristics

Summary

This report addresses ongoing congressional interest in select characteristics of lower federal court judges. The analysis of the report focuses on demographic and other characteristics of active and senior U.S. circuit and district court judges who are currently serving on the federal bench. Consequently, the statistics provided in the report do not necessarily reflect all of a President’s circuit or district court appointments during his time in office. A judge in active service has not taken senior status, retired, or resigned. A judge who has assumed senior status continues, on a part-time basis, to perform the duties of his or her office (which can include hearing cases).

As discussed below, “nontraditional” judges are those judges who belong to demographic groups from which, historically, individuals were not often selected, if at all, for federal judgeships. Specifically, for the purposes of this report, white women, non-white men, and non-white women are considered nontraditional judges.

Some of the report’s findings include the following:

As of March 7, 2014, the greatest percentage of active circuit court judges were appointed by President G.W. Bush (32.1%), followed by Presidents Obama (25.3%) and Clinton (25.3%). The greatest percentage of senior circuit court judges were appointed by President Reagan (33.3%).

Of the active U.S. circuit court judges, 51.2% are white men, 25.3% are white women, 16.7% are non-white men, and 6.8% are non-white women. Altogether, 48.8% of active circuit court judges are nontraditional judges. In contrast, of senior circuit court judges, 80.7% are white men, 9.6% are white women, 8.8% are non-white men, and less than 1.0% are non-white women. Altogether, 19.3% of senior circuit court judges are nontraditional judges.

After five years in office, President Obama has appointed the greatest percentage of nontraditional active U.S. circuit court judges currently sitting on the bench (34.2%), followed by Presidents Clinton (32.9%) and G.W. Bush (25.3%). Of senior circuit court judges, President Carter appointed the greatest percentage (54.5%).

There is, however, variation in the percentage of active circuit court judges belonging to specific demographic groups that were appointed by particular Presidents. For example, of women serving as active circuit court judges as of March 7, 2014, Presidents G.W. Bush and Clinton tied for having appointed the greatest percentage (each with 30.8%).

As of December 31, 2013, 32.5% of active circuit court judges were eligible, based on age and length of service as Article III judges, to assume senior status. Of those eligible for senior status, President Clinton appointed nearly half (47.2%). As of this writing, CRS has not calculated such statistics for active U.S. district court judges.

The greatest percentage of active district court judges were appointed by President G.W. Bush (38.8%), followed by President Obama (29.7%). The greatest percentage of senior district court judges were appointed by President Reagan (29.2%).

Of active U.S. district court judges, 52.7% are white men, 22.1% are white women, 15.4% are non-white men, and 9.8% are non-white women. Altogether, 47.3% of active district court judges are nontraditional judges. Of senior district court judges, 78.5% are white men, 11.0% are white women, 8.7% are non-white men, and 1.8% are non-white women. Altogether, 21.5% of senior district court judges are nontraditional judges.

Of nontraditional active U.S. district court judges currently on the bench, President Obama has appointed the greatest percentage (38.6%), followed by Presidents G.W. Bush (28.8%) and Clinton (22.8%). Of senior district court judges, Presidents Clinton and Carter appointed the greatest percentages (48.9% and 22.3%, respectively).

There is, however, variation in the percentage of active district court judges belonging to specific demographic groups that were appointed by particular Presidents. For example, of Hispanics serving as active district court judges, President G.W. Bush appointed the greatest percentage (42.6%).