Federal judges on senior status

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Senior status is a classification for federal judges at all levels who are semi-retired. Senior judges are Article III judges who, having met eligibility through age and service requirements, continue to serve on federal courts while hearing a reduced number of cases. According to the Administrative Office of U.S. Courts, senior judges "typically handle about 15 percent of the federal courts' workload annually."[1] In his 2016 annual report on the federal judiciary, Chief Justice John G. Roberts noted that senior judges "are eligible for retirement with full pay but still continue to work—most in a part-time capacity, but many full-time—without additional compensation."[2]

Qualifications for senior status

Under the Rule of 80, which is governed by provisions of 28 U.S.C. § 371, beginning at age 65, a judge may retire at his or her current salary or take senior status after performing 15 years of active service as an Article III federal judge (65+15 = 80).[3] As a judge's age increases until 70 years old, the number of years of service decreases, so long as the age and years of service added together equals 80.[1]

Federal judges are eligible for senior status at the following combined ages and years of service:[3]

Age Years of
service
65 15
66 14
67 13
68 12
69 11
70 10

History of senior status

In 1919, Congress created the senior status option for federal district and appellate court judges. Before the senior status option was created, a judge who reached the age of seventy with at least ten years of service as a federal judge was allowed to retire and receive a pension for the rest of their life. In 1937, the option was extended to U.S. Supreme Court justices, although justices on senior status are more commonly referred to as "retired" justices rather than senior judges. A senior justice is essentially an at-large senior judge, able to be assigned to any inferior federal court by the Chief Justice of the United States, but receiving the salary of a retired justice. However, a retired justice no longer participates in the work of the Supreme Court itself.

In 1954, Congress modified entry requirements for the senior status option. Federal judges or justices could still assume senior status at seventy with ten years of service, but they could also assume senior status at 65 with fifteen years of service. In 1984, the requirements were further modified to the current "Rule of 80."

Federal judges on senior status

District court judges

U.S. Court of Appeals judges

Other Article III federal judges

Judges taking senior status, 1993-2020*


Ballotpedia: Index of Terms

Recalled judges

Federal bankruptcy and magistrate judges who have retired from active judicial service may serve on "recalled" status under provisions found in 28 U.S.C. § 375.[3]

Under § 375(b),[3]

A judge or magistrate judge recalled ... may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer. [4]

Recalled judges may serve in that capacity for a period of five years and can be renewed to successive five-year periods should the judge agree to serve. Recalled judges received salary compensation equivalent to service in the judicial capacity in which they serve, less the amount the judges receive as an annuity from their prior federal service under 28 U.S.C. § 377.[5]

Footnotes