Vol. 38, Number 8 — August 2006

Senior Judges: Essential Volunteers Helping Federal Courts

In the federal courts, senior judges are the essential volunteers.

"Their work is invaluable," said Chief Judge Harvey Bartle III (E.D. Pa.), whose court is among those that most utilize senior judges. "Without them, we couldn’t possibly stay on top of our case-load. We pride ourselves in getting the court’s work done in a timely manner. That wouldn’t be possible without the help our 13 senior judges provide for our 22 active service judges."

The same is true for many other federal district and appellate courts. Year in, year out, senior judges—those who opted for that status instead of retiring at full pay—do more than 15 percent of the work of the federal Judiciary.

In fiscal year 2005, 322 senior district judges—32 percent of all sitting federal district judges— terminated 16.5 percent of all civil and criminal cases and conducted 17.2 percent of all trials. In the appeals courts, 91 senior judges—33 percent of all circuit judges—handled 18 percent of all participations in oral hearings and submissions of briefs.

Congress in 1919 first authorized judges to retire at age 70 after 10 years of service, and 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.

Although a rising percentage of federal judges in recent years have left the bench before retirement age to earn much more money as lawyers, very few opt for full retirement instead of senior status when they are eligible.

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.

Judge Jan DuBois (E.D. Pa.) is one. "I saw no need to cut back because I was just as able to decide cases, and I still enjoy the work," he said in explaining his 2002 decision. "I thought it was appropriate to take senior status so our court could receive the help of an additional active service judge."

Chief Judge James Holderman (N.D. Ill.) said that senior judges do more than just help move cases. "We are blessed with an outstanding group of 11 senior judges," he said.

"Our new judges often seek out the sage advice of these seasoned judges. In addition to their tremendous work on the cases over which they preside, our senior judges continue to contribute by their work on committees of the Judicial Conference and serve the legal community through their speaking appearances at bar association meetings, articles for publication in legal journals, teaching law students, and participating in continuing legal education programs." He added, "Each judge possesses a great deal of wisdom and experience collected through many years of service."

United States Courts of Appeals and District Courts
Work of Senior Judges
During the 12 Month Period Ended June 30, 1996 - 2005

Type of Activity

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

Courts of Appeals¹

All participations in Oral Hearings and Submissions on Briefs

82,132

79,791*

75,636

80,313

82,471

85,701

86,200

83,028*

83,199

86,126

Senior Judges Only²

11,420

11,512*

12,032

12,144

13,529

13,589

13,655

14,067*

14,274

15,527

Percent of All

13.9

14.4*

15.9

15.1

16.4

15.9

15.8

16.9*

17.2

18.0

District Courts³

All Civil Cases and Criminal Defendants Terminated

284,021

289,431

302,840

316,882

308,543

296,809

297,066

318,344

302,607

336,936

Senior Judges Only

41,323

48,543

54,646

54,498

55,913

52,401

53,115

56,574

52,433

55,444

Percent of All

14.5

16.8

17.1

17.2

18.1

17.7

17.9

17.8

17.3

16.5

¹Data were obtained from Table S-2, Judicial Business of the United States.

²In the Courts of Appeals, "Senior Judges Only" represents resident senior circuit judges only.
³Data were obtained from Judge Activity and senior Judge Activity reports for year ending June 30.
"Senior Judges Only" totals do not include the work of senior circuit judges in the district courts.
*revised