Judges play a key role in both the federal and state judicial systems. However, the method of selecting judges differs at the state and federal levels. In most states, judges are elected public officials serving a set term. Federal judges are selected by the President and confirmed by the Senate to serve lifetime appointments to the federal bench.

Some scholars prefer election as a method of choosing judges. Elected judges are in theory more responsive to community beliefs and norms and must stand for election to defend their records. The lifetime appointments system is criticized by allowing judges to wield tremendous power without further concerns to the political implications or popular opinion. In addition, critics point out that lifetime appointments were developed at a time when the average life expectancy was much lower. They question whether judges should be able to hold office even at advanced age when they will decide legal questions with implications for future generations with which the judge may share little personally in common.

Others prefer the federal lifetime appointments system. By serving for life, they argue, the judge is only concerned with application of the law and can decide cases free of political influence. Lifetime appointments mean judges don$$t have to raise money for campaigns, seek out votes, or life in fear of popular opinion, presumably meaning they can focus on applying the law fairly and without concern for political consequences.