How are judges assigned to cases?

The Administrative Procedure Act requires that administrative law judges "shall be assigned to cases in rotation so far as practicable." 5 U.S.C. § 3105. This provision does not require mere mechanical rotation. Rather, a "modicum of discretion" is accorded in assignment decisions. Factors such as the complexity of the case as well as the experience and ability of the judge, may be considered when case assignments are made. Also relevant is the particular judge's caseload and assignment schedule.

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