Federal judges on senior status
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Senior status is a classification forfederal 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 JusticeJohn 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 theRule of 80, which is governed by provisions of28 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 anArticle 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 forsenior status at the following combined ages and years of service:[3]
History of senior statusIn 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 toU.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 statusDistrict court judgesU.S. Court of Appeals judgesOther Article III federal judgesJudges taking senior status, 1993-2020* Recalled judgesFederal bankruptcy and magistrate judges who have retired from active judicial service may serve on "recalled" status under provisions found in28 U.S.C. § 375.[3] Under § 375(b),[3]
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 under28 U.S.C. § 377.[5] Footnotes
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