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Bacharach was appointed United States magistrate judge of the United States District Court for the Western District of Oklahoma in 1999, holding that office until his elevation to circuit judge in 2013. He is an active member of the Federal Bar Association and has served as the Tenth Circuit Vice President since 2007. During his time as a magistrate judge, he handled nearly 3,000 civil and criminal cases and presided over more than 400 judicial settlement conferences. He issued more than 1,600 reports and recommendations in a wide variety of judicial matters. He chaired numerous committees for his district, including the Civil Rules Committee and the Criminal Justice Act Committee.
United States court of appeals service
On January 23, 2012, President Barack Obama nominated Bacharach to be United States Circuit Judge for the United States Court of Appeals for the Tenth Circuit. On July 26, 2012, Senate Majority Leader Harry Reid filed for cloture on Bacharach's nomination. A cloture vote held on July 30, 2012, failed by a 56–34 vote, with 3 senators voted present, including both Oklahoma Senators, Tom Coburn and James Inhofe. On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate.
On January 3, 2013, he was renominated to the same office. On February 7, 2013, the Senate Judiciary Committee reported his nomination to the floor by voice vote. The Senate confirmed his nomination on February 25, 2013, by a 93–0 vote. He received his commission on February 28, 2013.