February 2008

Senior Judges Continue to Provide Vital Help

Year in and year out over the past decade, senior judges — those who opted for that status instead of retiring at full pay — have shouldered a significant share of the work of federal district and appellate courts.

For the 12 months ending June 30, 2007, senior judges participated in 18.8 percent of all oral hearings and submissions of briefs in the appellate courts and terminated 18.2 percent of all civil and criminal cases in district courts. Both percentages are up from those recorded in the previous 12 months — 17 and 17.1.

Congress in 1919 first authorized judges to retire at age 70 after 10 years of service, and to continue to retain the judicial office and perform duties in retired status. In 1948, Congress provided that judges retiring from active service would continue to receive the full judicial salary. Six years later, the minimum retirement age became 65, with 15 years of service.

A senior judge must do at least 25 percent of the work of an active service judge to keep staff and office space, but some judges continue carrying a full caseload after taking senior status.