The Ethics of 'Succession Planning' on the Federal Judiciary

Abstract

Thomas Jefferson allegedly said that the problem with life tenure for federal judges is that “Few die, none resign.” Given that quote, he’d surely be surprised at the volume of federal judicial retirements—and the level of public interest in them—over the last few years. This Essay identifies and discusses four of the main issues raised about the ethics of “succession planning” on the federal judiciary. First, may a judge appropriately condition her retirement upon the White House’s naming of her preferred successor? Second, may a judge appropriately condition her retirement upon the confirmation of her successor? Third, may a judge appropriately withdraw her conditional retirement generally? Fourth, may a judge appropriately withdraw her conditional retirement based on her disapproval of the proposed successor?

Keywords: Federal judge, judicial ethics, judicial selection, judicial retirements, senior status, White House