**INFORMATION AND APPLICATION MATERIALS**

**FOR**

**UNITED STATES MAGISTRATE JUDGE APPLICANTS**

**EUREKA**

> This package provides information on applying for a United States
> Magistrate Judge for the United States District Court for the Northern
> District of California. The materials in this packet are:

**Information for Applicants**

A. Location of Judgeship and Application Deadline i

B. Magistrate Judge\'s Responsibilities/Qualifications for Appointment i

C. Judgeship Availability/Term of Appointment ii

D. Magistrate Judge Salary ii

E. Magistrate Judge Jurisdiction ii

F. Selection Process ii

G. Suggestions for Completing an Application iii

H. Return of Application iv

A. Personal/Biographical 1

B. Health Information 1

C. Present Employment/Affiliation 2

D. Prior Employment/Affiliations 3

E. Description of Legal Practice 3

F. Prior Judicial or Quasi-Judicial Experience 5

G. Education 6

H. State Bar and Court Admission 7

I. References 7

J. Additional Questions 8

K. California State Bar Request 9

L. Authorizations and Waivers/Forms 10, 11-12

M. Application Verification 10

**Information for Applicants**

**A. [LOCATION OF JUDGESHIPS AND APPLICATION DEADLINE]{.underline}**

> Applications for the office of United States Magistrate Judge in the
> Northern District of California are now invited. Applications
> (original and **ten** copies) must be addressed to Richard W. Wieking,
> Clerk, U.S. District Court, 450 Golden Gate Avenue, P.O. Box 36060,
> San Francisco, CA 94102 and **must be received no later than April 17,
> 2009.**

**B. [MAGISTRATE JUDGE\'S RESPONSIBILITIES/QUALIFICATIONS]{.underline}**

> To meet the minimum qualifications for appointment, applicants:
>
> \(1\) Must be members in good standing of the bar of the highest court
> of a State, the District of Columbia, the Commonwealth of Puerto Rico,
> the Territory of Guam, the Commonwealth of the Northern Mariana
> Islands, or the Virgin Islands of the United States.
>
> \(2\) Must have been engaged in the active practice of law for a
> period of at least five years. The court may consider as substitute
> experience for the active practice of law the following, including any
> combination thereof:
>
> \(a\) Judge of a state court of record or other state judicial officer
>
> \(b\) United States Magistrate Judge
>
> \(c\) Bankruptcy Judge, or other federal judicial officer
>
> \(d\) Attorney for federal or state agencies
>
> \(e\) Law clerk to any judge or judicial officer (limited to two
> years)
>
> \(f\) Other legal experience which is suitable as a substitute in the
> opinion of the majority of the active district judges of the court
>
> \(3\) Must be competent to perform the duties of the office, of good
> moral character, emotionally stable and mature, committed to equal
> justice under the law, in good health, patient, courteous, and capable
> of deliberation and decisiveness when required to act on their own
> reason and judgment.
>
> \(4\) At the time of initial appointment, must not be related by blood
> or marriage to a judge of the District to which the magistrate judge
> is being appointed, within the degrees specified in 458 of Title 28,
> United States Code.
>
> \(5\) In the case of an initial appointment, must not be seventy (70)
> years of age or older.
>
> The appointment of a magistrate judge terminates when the magistrate
> judge reaches age 70, however, there are special requirements under
> 631(d) of Title 28 that permit a magistrate judge to continue to serve
> and to be reappointed. At the time a magistrate judge reaches 70 years
> of age and on each subsequent anniversary, the magistrate judge may be
> reappointed for another one year term after a majority vote of all the
> active judges of the appointing court or courts.
>
> \(6\) Must be a citizen of the United States.

**C. [JUDGESHIP AVAILABILITY/TERM OF APPOINTMENT]{.underline}**

> The Merit Selection Panel is searching for the best-qualified
> individuals currently available for appointment to an eight-year term
> for the Northern District of California within the Ninth Circuit. The
> location of the court where the successful applicant will sit is
> Eureka, with occasional service in other divisions of the court.
> **Note: Reloca­tion expenses will not be paid.**

**D. [MAGISTRATE JUDGE SALARY]{.underline}**

> The current annual salary is \$155,756. Magistrate judge salaries are
> set by Congress. Periodically, Congress adjusts salaries based on cost
> of living increases.

**E. [MAGISTRATE JUDGE JURISDICTION]{.underline}**

> The basic jurisdiction of a magistrate judge is specified in 28 U.S.C.
> 636.

**F. [SELECTION PROCESS]{.underline}**

> Each district court within the Ninth Circuit uses a competitive
> open-selection merit process in making appointments for the office of
> a magistrate judge. It is often a highly complicated and
> time-consuming procedure. Applicants should expect the entire process
> to require 4 to 12 months. A merit selection panel composed of a chair
> and at least six other members evaluates all applications and conducts
> interviews of those applications the panel deems to be most qualified.
> The panel prepares a report of its recruitment and recommends for
> final consideration by the district court the names of five or fewer
> candidates the panel evaluates to be most qualified. The final
> selection is made by majority vote of the active judges of the
> district court. In cases of failure by the judges of the district
> court to make a majority selection, the chief judge shall make the
> determination.
>
> Following the selection, a thorough background check is undertaken by
> the Federal Bureau of Investigation and a report is submitted by the
> Internal Revenue Service. Final appointment is contingent upon
> satisfactory reports by these agencies.
>
> Applicants may be required to have a physical examination at the
> applicant\'s expense.

**G. [SUGGESTIONS FOR COMPLETING AN APPLICATION]{.underline}**

> \(1\) All applications **[must be typed]{.underline}**. You may use a
> word processor if you wish, but you **[must]{.underline}** follow the
> application format set forth in the attached form.
>
> \(2\) Application forms and more information on the magistrate judge
> position may be obtained: 1) on the courts website at
> [www.cand.uscourts.gov]{.underline} under Clerks Notices and 2) by
> mail by sending a request to Richard W. Wieking, Clerk, U.S. District
> Court, 450 Golden Gate Avenue, P.O. Box 36060, San Fran­cisco, CA
> 94102 with a self-addressed 9\" x 12\" envelope, affixed with \$1.17
> postage.
>
> \(3\) Answer **[all]{.underline}** questions as thoroughly as
> possible. If a question or section is not applicable, please so state
> and, unless obvious, state why it is inapplicable. Incomplete
> applications **[will not]{.underline}** be processed.
>
> \(4\) Respond fully to each question. If there is insufficient space
> for your response on the application itself, use a separate attachment
> sheet. Any attachment sheets should be appended to the application and
> inserted where appropriate in the application papers. Mark the
> appended sheets with a letter designation keyed to the page which it
> supplements (e.g., pg. 12A, 12B).
>
> \(5\) **Complete and sign Authorizations and Waivers of the
> application.**
>
> \(6\) You are required to **SUBMIT THE ORIGINAL AND TEN (10) COPIES**
> of this application and any supporting documents, applicable
> authorizations and waivers in order to be considered. All materials
> should be **stapled or secured** together.
>
> \(7\) Applicants should **[retain the informational
> pages]{.underline}** of the application materials for his/her own
> records.

**H. [RETURN OF APPLICATIONS]{.underline}**

> All completed applications, including applicable authorizations and
> waivers, must be signed personally by the applicant. The original
> documents and 10 copies must be **received** by **April 17, 2009** at
> the following address:

*Richard W. Wieking, Clerk*

*U.S. District Court*

*450 Golden Gate Avenue*

*P.O. Box 36060*

*San Francisco, CA 94102*

**THE UNITED STATES COURTS IS AN EQUAL OPPORTUNITY EMPLOYER**

*Note: **If** an applicant believes that he or she is the recipient of
discriminatory treatment, or if an applicant has a complaint about any
other aspect of the merit selection process, such complaint should be
addressed to:*

Honorable Vaughn R. Walker

Chief United States District Judge

450 Golden Gate Avenue

P.O. Box 36060

San Francisco, CA 94102

**UNITED STATES MAGISTRATE JUDGE**

**APPLICATION FORM - EUREKA**

**A. PERSONAL/BIOGRAPHICAL**

1\. Name:

2\. Where to Contact: Home Business

3\. Business Address:

4\. Business Telephone: Business Fax:

5\. Home Address:

6\. Home Telephone: Home Fax:

7\. Social Security Number:

8 Are you under age 70? yes no

9\. Are you a citizen of the United States? yes no

**B. HEALTH INFORMATION**

1\. What is the present state of your physical and mental health?

2\. Do you have any physical or mental impairment which might prevent or
limit the performance of the essential functions of the office of
magistrate judge unless some accommodation were to be made? If yes,
please explain. State name, address and telephone number of the
physician(s) knowledgeable of such impairment.

3\. Within the last 10 years have you suffered from, and/or been treated
for, alcoholism or drug addiction? If yes, please explain. If you have
received treatment, state the name, address and telephone number of the
health care provider(s) knowledgeable of such treatment?

**C. PRESENT EMPLOYMENT/ AFFILIATION**

1\. Name of employer, firm or agency:

2\. Address:

3\. Telephone:

4\. Your title or position:

5\. Your supervisor\'s (or managing partner\'s) name:

6\. Your supervisor\'s title or position:

7\. May we contact this person regarding your qualifications? Yes No

8\. Dates of employment or affiliation:

9\. Give a synopsis of this position including nature of practice and
types of matters accounting for most of your time:

**D. PRIOR EMPLOYMENT/ AFFILIATIONS**

*(For this section, list your legal and non-legal work experience for
the last fifteen years, excluding your current position. Explain any
periods of unemployment more than 90 days, except those due to
disability. Repeat this information for each position.)*

1\. Employer, firm or agency:

2\. Address & telephone number:

3\. Supervisor or managing partner:

4\. Position(s) you held (e.g., associate, partner):

5\. Dates of employment:

6\. Principal duties:

**E. DESCRIPTION OF LEGAL PRACTICE**

1\. Estimate what percentages of your total time in legal work during
the last five years concerned:

Federal civil law matters: %

Federal criminal law matters: %

> State civil law matters: %

State criminal law matters: %

> Other^1^: %

^1^ If a single aspect(s) of your legal work occupied more than 20%,
please list it separately with the corresponding percentage, rather than
in the \"Other\" category.

2\. Summarize your litigation, trial experience and practice (e.g.
administrative duties, alternate dispute resolution, teaching,
supervising the legal work of others and firm management).

3\. Provide the following information on three particularly significant
cases in which you were involved.

Case name:

Court and case citation number (if any):

Presiding Judge:

Nature of case:

Your role in case:

> Results of your activities in this case, and explain why this case was
> significant to
>
> you:

Co-counsel(s) Name, Address & Telephone Number:

Opposing counsel(s) Name, Address & Telephone Number:

**F. PRIOR JUDICIAL OR QUASI-JUDICIAL EXPERIENCE**

*(Repeat this information for each judicial or quasi-judicial
experience)*

1\. Name of court/agency:

2\. Period of service:

3\. Judicial title:

4\. Address and telephone number:

5\. Name, address & telephone number of chief judge:

6\. Describe the nature of your judicial duties (e.g. nature of cases,
level of authority, criminal or civil, administrative, written or oral
opinion, etc.):

7\. Have you ever been required to respond to any complaints of judicial
misconduct? If yes, explain fully.

**G. EDUCATION**

1\. **[Undergraduate]{.underline}**

For each undergraduate institution attended, list:

Name of institution:

Dates attended:

Degree(s) received and date(s) conferred:

Major field(s) of study:

2\. **[Law School]{.underline}**

For each law school attended, list:

Name of institution:

Dates attended:

Degree(s) received and date(s) conferred:

3\. **[Other Graduate Education Received]{.underline}**

Name of institution:

Course of study:

Degree received (if any) and date(s) conferred:

4\. For all institutions listed above, describe any academic honors,
awards, law review and other activities and achievements:

**H. STATE BAR AND COURT ADMISSIONS**

> For all federal and state courts to which you have been admitted to
> practice list the following information:

1\. State bar or court:

2\. Registration number (if applicable):

3\. Year admitted:

4\. Current status (active/inactive):

**I. REFERENCES**

> Please list four persons who are familiar with your professional
> qualifications and character. For each person list the following:

Name:

Title:

Organization name, address and telephone number:

Name:

Title:

Organization name, address and telephone number:

Name:

Title:

Organization name, address and telephone number:

Name:

Title:

Organization name, address and telephone number:

**J. ADDITIONAL QUESTIONS**

> **Respond to each of the following inquiries where applicable.
> Indicate on attached sheets the items to which you are replying by
> showing the number of the question and by repeating the question.
> Indicate which questions, if any, are not applicable. Be sure that
> [all]{.underline} attachments are included with the original and each
> of the ten copies of your application.**

1\. List seminars and workshops you have attended or participated in as
a speaker or panelist, the subjects of which are relevant to the duties
of a magistrate judge in this district, in the last five years.

2\. If you have ever taught or lectured at a law school or other
educational institution, please state the school(s), date(s) and
subject(s).

3\. If you have written, individually or with others, any articles,
treatises, texts or handbooks, provide as to each the complete citation
including publisher, date, title and subject matter.

4\. List any elective or appointive public offices you have ever held
(other than judicial or quasi-judicial). Please indicate whether the
position was full-time or part-time, its location, duties and the
periods of service.

5\. Have you ever been formally censured, reprimanded, adjudged or held
in contempt, sanctioned or otherwise disciplined by any judge, court,
agency or tribunal? Has your license to practice law ever been revoked?
If so, describe the facts and circumstances fully.

6\. Have you ever sued or been sued by a client? If so, state fully the
facts and circumstances, the court and case number, and the disposition
of the matter.

7\. Have you ever been a party to any litigation. If so, state the
court, case number, the nature of the case and the circumstances of your
involvement.

8\. To the best of your knowledge, are you in compliance with the tax
laws of the federal government and the state, county and community of
which you are a resident? If not, explain fully.

9\. Has a tax lien or other collection procedure ever been instituted
against you by federal, state or local authorities? If so, give
particulars.

10\. Have you ever been charged with or convicted of any criminal
offense other than a minor traffic offense? If yes, explain fully.

11\. Have you served in the military of the United States or of any
other country? If yes, state the branch, dates of service, rank or
position held, and type of discharge.

12\. Have you performed any significant public service (e.g. Peace
Corps)? If so, explain fully.

13\. Do any clubs or private associations to which you now belong or of
which you were previously a member, have a discrimination clause or do
they bar membership on the basis of race, gender, religion, ethnicity or
other status protected by anti-discrimination laws? If yes, explain.

14\. State any other pertinent information reflecting positively or
negatively on you which you believe should be disclosed to the district
court and the merit selection panel in connection with your possible
nomination as United States Magistrate Judge.

15\. How have you demonstrated your commitment to equal justice under
the law?

16\. Provide a brief statement of why you are seeking the office of
United States Magistrate Judge and why you feel that you are qualified
for the office. Include any special professional, occupational or other
experience you have had which you feel should be considered by the merit
selection panel. Describe how your educational, legal, administrative
and business experience have prepared you for this office.

K.  CALIFORNIA STATE BAR REQUEST

    All applicants **who are [members of the State Bar of
    California]{.underline}** must submit a [written]{.underline}
    request to the State Bar of California for a Certificate of Standing
    and mail the request, along with a check for \$25 made payable to
    the State Bar of California, to: The State Bar of California, Member
    Services Center, 180 Howard Street, San Francisco, CA 94105. The
    applicants should **include their State Bar Number in the letter and
    request that the California State Bar mail their Certificate of
    Standing directly to the Clerk** of the court at the following
    address. The State Bar will mail your certificate within seven (7)
    working days of receipt of the request.

> Richard W. Wieking, Clerk

U.S. District Court

450 Golden Gate Avenue

P.O. Box 36060

San Francisco, CA 94102

> While your request to the Bar should be made as soon as possible, the
> Certificate of Standing need [not]{.underline} be received by the
> Clerk before the application deadline (April 17).

L.  AUTHORIZATIONS AND WAIVERS

1\. **All applicants must complete, sign and return** the [Medical
Authorization and Waiver]{.underline} form (see page 11). An applicant
who is selected for a Magistrate Judge position may be required to
undergo a physical examination and complete a detailed medical history
form. The examining physician may be selected by the Court. The
applicant will be required to pay the cost of the physical examination.
The [Medical Authorization and Waiver]{.underline} form will enable the
examining physician to contact other medical practitioners to obtain
necessary information.

2\. If applicable, photocopy and complete a copy of the [Medical
Authorization and Waiver]{.underline} form for each physician and/or
professional counselor listed on question 2 in Section B. Please submit
[two signed]{.underline} copies for [each]{.underline} health care
provider listed.

3\. **All applicants must complete, sign and return** the [Professional
Experience Inquiry Authorization and Waiver Form]{.underline} (see page
12). A **copy** of this form should be **attached to each of the ten
copies** submitted of your application.

**M. APPLICATION VERIFICATION**

> **[I will submit to a physical and/or mental examination at my
> expense, if requested to do so.]{.underline}**
>
> This application is being submitted by me personally and, if selected,
> I am willing to serve as a United States Magistrate Judge in the
> district where the vacancy occurs.
>
> I swear or affirm under penalty of perjury that all statements made in
> connection with this application are true and correct.

[ ]{.underline} [ ]{.underline}

Signature Date Signed

Executed in the County of [ ]{.underline} in the State of [
]{.underline}

**U.S. District Court**

**Northern District of California**

**Magistrate Judge Application Form**

**[Medical Authorization and Waiver]{.underline}**

Physician\'s name [ ]{.underline}

Address [ ]{.underline}

Street

City/State/Zip Code

[( )]{.underline}

Phone

I hereby authorize any person designated by the District Court or the
Merit Selection Panel to communicate orally (including by telephone)
and/or in writing with the physician or counselor named above or
identified elsewhere in my application with regard to my physical and
mental condition and history, and any care, treatment and advice given
me.

I hereby authorize and direct the physician or counselor named above or
identified elsewhere in my application to communicate to such person
orally (including by telephone) such information regarding my physical
and mental condition, care, treatment and advice as may be sought by
such person and to supply a written statement if requested by such
person. For these purposes, I hereby waive any physician-patient
privilege that may exist.

A copy of this authorization shall have the same effect as an original.
This authorization shall be effective for six months from the date
signed.

Name [ ]{.underline}

Address [ ]{.underline}

Street

City/State/Zip Code

[( )]{.underline}

Phone

Signature [ ]{.underline} Date

**U.S. District Court**

**Northern District of California**

**Magistrate Judge Application Form**

**[Professional Experience Inquiry]{.underline}**

**[Authorization and Waiver Form]{.underline}**

I hereby authorize present or former employers, contracting parties,
partners, educators and administrators of the disciplinary and inquiry
bodies of any court, bar or other association to disclose to the merit
screening committee and the appropriate district court all information
concerning my work history, qualifications and present professional
status, and all complaints which have been made against me, together
with the disposition thereof. I expressly waive whatever right I may
have to confidentiality of the foregoing information.

I also hereby authorize the custodian of any records or information
related to my application for magistrate judge to permit the examination
or receipt of such records, whether written or oral, and/or information
by anyone designated by the Merit Selection Panel.

[ ]{.underline} [ ]{.underline}

Type Name Signature

[ ]{.underline} [ ]{.underline}

Social Security Number Date Signed