The Ethics of 'Succession Planning' on the Federal Judiciary

7 Pages Posted: 31 Dec 2022 Last revised: 1 Feb 2023

See all articles by Robert Luther

Robert Luther

George Mason University - Antonin Scalia Law School

Date Written: December 28, 2022

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

Suggested Citation

Luther, Robert, The Ethics of 'Succession Planning' on the Federal Judiciary (December 28, 2022). Harvard Journal of Law and Public Policy Per Curiam, Vol. 32, 2022, Available at SSRN: https://ssrn.com/abstract=4314134

Robert Luther (Contact Author)

George Mason University - Antonin Scalia Law School

3301 Fairfax Drive
Arlington, VA 22201
United States

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