Senior Status - Statutory Requirements

Statutory Requirements

Senior status is defined by statutory law, specifically 28 U.S.C. § 371. To be in senior status, §371(e)(1) requires that a judge must be annually certified by the chief judge as having met at least one of the following criteria:

• Having carried, in the preceding calendar year, a caseload involving courtroom participation which is equal to or greater than the amount of similar work which an average judge in active service would perform in three months. §371(e)(1)(a).
• Having performed, in the preceding calendar year, substantial judicial duties not involving courtroom participation, but including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. §371(e)(1)(b).
• Having performed substantial administrative duties, either directly relating to the operation of the courts, or for a Federal or State governmental entity. §371(e)(1)(d)

In addition, §371(e)(1)(e) provides that a judge not meeting these criteria may still be certified as being in senior status by the Chief Justice anyway, provided that the judge did not meet those criteria "because of a temporary or permanent disability."