Then Arizona Governor Bruce Babbitt appointed Silverman a state superior court judge in 1984.

Silverman was nominated by President Bill Clinton on November 8, 1997, to a seat on the United States Court of Appeals for the Ninth Circuit vacated by Judge William Canby.

[4] After Silverman's confirmation, he told the Jewish News of Greater Phoenix in an article that appeared on February 6, 1998, that he was "really grateful" to President Clinton, Senator John McCain, Senator Jon Kyl and Representative Ed Pastor for their help and support in securing his confirmation.

[7][8] Since joining the Ninth Circuit, Silverman probably has become most known for writing the dissenting opinion for the 2-1 ruling in May 2002 that overturned a Sacramento federal district court's decision barring male prisoners the constitutional right to procreate and mail their sperm from jail.

Additionally, Silverman wrote the opinion for the 3-judge panel in Ides v. The Boeing Company, pertaining to the "whistleblower provision of the Sarbanes–Oxley Act, 18 U.S.C.