Federal judges appointed under Article III of the U.S. Constitution are appointed for life. That includes Supreme Court justices, court of appeals judges, and district court judges. The Constitution says they hold their offices “during good Behaviour,” which has been read since the founding as lifetime tenure with no fixed term, no mandatory retirement age, and no reappointment.1Legal Information Institute. Article III, U.S. Constitution They leave the bench only when they choose to, when a disability forces the issue, or when Congress removes them through impeachment. And several categories of federal judges — magistrate, bankruptcy, Tax Court, and others — are not Article III judges at all, and serve fixed terms instead.
What “During Good Behaviour” Actually Means
Article III, Section 1 gives federal judges their offices “during good Behaviour.”1Legal Information Institute. Article III, U.S. Constitution There is no periodic reappointment, no voter approval, no expiration date. Once the Senate confirms a presidential nominee, no later president and no later Congress can end that judge’s service by ordinary political means.
The Constitution reinforces the protection with the Compensation Clause: a judge’s salary cannot be reduced while they remain in office.2Legal Information Institute. Judicial Compensation Clause – Doctrine and Practice Congress can raise pay, and it can freeze it, but it cannot cut what a sitting judge already earns. Job security and salary security together are what “life tenure” amounts to in practice.
How Life-Tenured Judges Leave the Bench
Life tenure does not mean judges stay until they die. Most leave voluntarily, on financial terms Congress has spelled out. A small number leave involuntarily.
Retirement and Senior Status
Retirement for Article III judges is governed by 28 U.S.C. § 371 and turns on what is informally called the Rule of 80: a judge’s age plus years of federal judicial service must total at least 80, with a minimum age of 65.3Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status A 65-year-old with 15 years on the bench qualifies. So does a 70-year-old with 10.
An eligible judge has two main options. Full retirement ends judicial duties entirely and pays an annuity equal to the salary the judge was earning at retirement. Senior status is different: the judge keeps the office, hands over an official vacancy for the President to fill, and continues hearing a reduced caseload. Senior judges keep the full salary of the office, but the chief judge of the circuit must certify each year that the senior judge did work equal to at least three months of an active judge’s load.4Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status
Resignation is a third option, available at any time, but it is not the same as retirement. A judge who resigns gives up the office altogether and loses the salary protections that come with it. A judge who retires technically keeps the office, and the annuity continues for life.
Disability
Under 28 U.S.C. § 372, a judge who develops a permanent mental or physical disability can retire on that basis by certifying the disability in writing to the President, together with a certificate signed by the appropriate chief judge. A disabled judge with at least 10 years of service receives full salary for life; a judge with fewer than 10 years receives half.5Office of the Law Revision Counsel. 28 USC 372 – Retirement for Disability; Substitute Judge on Failure to Retire
If a disabled judge will not step aside, there is an involuntary route. A majority of the Judicial Council of the judge’s circuit can sign a certificate of disability and present it to the President. If the President agrees that the judge cannot efficiently perform the duties of the office and that an additional judge is needed, the President can appoint a replacement with Senate confirmation.5Office of the Law Revision Counsel. 28 USC 372 – Retirement for Disability; Substitute Judge on Failure to Retire The original judge is not removed. They are treated as the most junior judge on the court, and when they eventually die, resign, or retire, no new vacancy opens because the seat is already filled.
Discipline and Impeachment
Anyone can file a misconduct complaint against a federal judge with the judicial council of the relevant circuit. If the council finds merit, it can pause new case assignments, issue a private censure, or issue a public reprimand. For Article III judges, it can also certify a disability or request voluntary retirement even when the usual age and service thresholds are not met.6Office of the Law Revision Counsel. 28 USC 354 – Action by Judicial Council What the council cannot do is remove an Article III judge. That power belongs to Congress alone.
Impeachment is the only involuntary way to strip a life-tenured judge of the office. Article II, Section 4 allows removal of federal civil officers for “Treason, Bribery, or other high Crimes and Misdemeanors.” The House impeaches by simple majority. The Senate then holds a trial, and conviction requires a two-thirds supermajority.7Cornell Law School. Impeachment and Removal from Office – Overview
The bar is high, and the numbers show it. In the entire history of the United States, 15 federal judges have been impeached by the House, and only eight of those were convicted and removed by the Senate.8Federal Judicial Center. Impeachments of Federal Judges Past grounds have included perjury, tax evasion, and accepting bribes. A convicted judge is removed at once and can be disqualified from holding future federal office.
Federal Judges Who Don’t Serve for Life
Not every judge in a federal courtroom has life tenure. Congress has created several courts under Article I and other authorities, and the judges on those courts serve fixed terms.
Magistrate Judges
Magistrate judges are appointed by the district court judges in their district, not by the President. Full-time positions carry an eight-year term; part-time positions carry a four-year term.9Office of the Law Revision Counsel. 28 USC 631 – Appointment and Tenure They handle pretrial release and detention decisions, pretrial motions, and evidentiary hearings, and with the parties’ consent they can preside over misdemeanor and civil trials.10Office of the Law Revision Counsel. 28 USC 636 – Jurisdiction, Powers, and Temporary Assignment
Bankruptcy Judges
Bankruptcy judges are appointed by the U.S. Court of Appeals for their circuit and serve 14-year terms.11Office of the Law Revision Counsel. 28 USC 152 – Appointment of Bankruptcy Judges They are judicial officers of the district court and handle matters arising under the federal bankruptcy code.
Tax Court Judges
Judges on the U.S. Tax Court are nominated by the President and confirmed by the Senate, but serve 15-year terms rather than for life.12Office of the Law Revision Counsel. 26 USC 7443 – Membership The Tax Court is a specialized Article I court where taxpayers can dispute IRS determinations before paying the amount at issue.
Court of Federal Claims Judges
Judges on the U.S. Court of Federal Claims are also presidentially appointed and Senate-confirmed for 15-year terms.13Office of the Law Revision Counsel. 28 USC 172 – Tenure and Salaries of Judges The court hears monetary claims against the federal government, including contract disputes, tax refund cases, and certain property claims. These judges are paid at the same rate as Article III district judges but do not have life tenure.
Territorial District Judges
Congress has established federal district courts in the Virgin Islands, Guam, and the Northern Mariana Islands. Judges on those courts are nominated by the President and confirmed by the Senate, but serve renewable 10-year terms because the courts are created under Congress’s territorial authority rather than Article III.14United States Courts. Types of Federal Judges They handle federal cases in their territories much as Article III district judges do in the states.