Bankruptcy Judges: How Are They Picked?

07/09/13

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Bankruptcy judges are selected by the Judges of the Circuit Courts of Appeal for their Circuit.  I have no idea why.

So, my state of Michigan is in the 6th Circuit, which consists of Michigan, Ohio, Kentucky and Indiana.  Now, those 6th Circuit judges are appointed by the President and have to be confirmed by the U. S. Senate, just like Federal District Court Judges, and Supreme Court Justices.  Similarly, they have lifetime appointments, contrasted with the 14 year term of bankruptcy judges.

Bankruptcy judges were upgraded from magistrate status when bankruptcy laws were re-written effective 1979.

In Detroit, at least, bankruptcy judges met resistance from the lifers on the Federal District Court bench.  Although in the same courthouse at that time, some would not even share the Judge elevator keys with their (lesser) bankruptcy brethren.

Back when I started practicing bankruptcy law in Detroit, decades ago, there was something of a scandal coming to a head.  Part of the fallout was a bankruptcy judge NOT being re-appointed to another 14 year term.  That was a first, it had never happened before, though is no longer a rare occurrence.

Perhaps because the process is devoid of involvement by politicians, it is endorsed by all involved.

Our research for this project included interviews with merit selection panel members, court of appeals judges, and bankruptcy judges, and these individuals were unanimous in praising the products of the selection process. According to a chief district court judge who has chaired several merit selection panels, “It’s worked really well. When you look at the new judges we have, they are a stellar group.” A circuit court judge who often chairs screening panels also offered her endorsement of the selection process: “The system we’ve used over the last twenty years has gotten some really good judges.” A now-chief bankruptcy judge who has been on the bench for more than two decades summed it up: “They generally pick the best person, and it truly is merit selection. I’m proud of the way bankruptcy judges are selected. To me it is the best merit selection process we have.” 

(from the article linked to above)

Now, the study that produced the article refers to the methods in use for the last 20 years or so, not simply to the Circuit Judges as selectors.  Each Circuit sets up an evaluation process, and protocols, for applicants to undergo.  With feedback from those in the know, there is sufficient information for good choices to be made.

There is even solicitation of anonymous feedback from bankruptcy practitioners when Judges are up for re-appointment.

Not that no politics are involved, as in other areas of life, who you know can be helpful.

photo credit:  Christopher Fowler

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