Why Judges Resign:

Influences on Federal Judicial Service,

 to 

By Emily Field Van Tassel

With Beverly Hudson Wirtz and Peter Wonders

Federal Judicial History Office

Federal Judicial Center



Prepared for the National Commission on Judicial Discipline and Removal.

This Federal Judicial Center publication was undertaken in furtherance of the Center’s statutory mission to conduct and stimulate research and development for the

improvement of judicial administration. The views expressed are those of the author

and not necessarily those of the Federal Judicial Center.

iii

Table of Contents

. Introduction 

. Overview 

The Growth of the Federal Judiciary 

Changes in Judicial Tenure 

Judicial Resignations as a Percentage of the Total Judiciary:

Change Over Time 

Why Judges Resign 

Age and/or health (including disability and

pre- retirement) 

Appointment to other office/elected office 

Dissatisfaction 

Return to private practice, other employment,

inadequate salary 

Allegations of misbehavior (including impeachments and

convictions) 

. Judicial Resignations Following Allegations of Misbehavior 

Background 

Investigations 

Congressional Investigations 

Department of Justice Investigations 

Outside Investigations 

Prosecutions Outside the Impeachment Process 

Department of Justice Prosecutions 

Local Prosecutions 

. Retirement and Disability 

Retirement 

Disability 

. Conclusion and Recommendations 

Recommendations 

Recommendation  

Recommendation  

Charts and Graphs

Table : Judges Leaving the Bench for Other Employment

by Decade 

Figure : The Growth of the Federal Judiciary – 

Figure : Percentage of Judges Resigning for Reasons Other Than Age or

Health 

Figure : Reasons for Resignation by U.S. Judges – 
iv

Appendix and Indexes

Appendix : Judges identified as having resigned 

Index : Resignations by decade 

Index : Resignations by reason 

Index : Resignations by reason and decade 


. Introduction

In the s and early s, the Department of Justice sought and acquired

indictments against five sitting U.S. judges on charges ranging from income

tax evasion to bribery. The judges were Harry Claiborne (D. Nev.), Alcee

Hastings (D. Fla.), Walter Nixon (D. Miss.), Robert Collins (D. La.), and

Robert Aguilar (D. Cal.). Judges Harry Claiborne, Walter Nixon, Robert

Collins, and Robert Aguilar were convicted, and Judge Alcee Hastings was

acquitted. Congress has subsequently impeached, convicted, and removed

three of these judges, including Alcee Hastings. In two cases, Congress has

been awaiting the outcome of judicial appeals before proceeding to impeach.

In the case of Judge Collins, this action could be coming soon, in view of the

Supreme Court’s refusal to hear his appeal.1

None of the five judges involved chose to resign either at the time of indictment or at the time of conviction. Judge Harry Claiborne drew his salary

for two years while in jail, and he vowed to return to his seat on the U.S.

District Court for Nevada before Congress finally removed him through the

impeachment process in ;

2 similarly, Judge Robert Collins, who has been

in prison since , continues to draw his annual salary of $,.

3

Overwhelmed by these recent rapid-fire prosecutions and impeachment

proceedings against federal judges, actions that contemporary commentators

perceive as the result of an unprecedented surge in judicial misconduct,

Congress is seeking guidance on how to deal with the potential increase in

investigations and removals of federal judges that these prosecutions might

bring. In point of fact, however, very little is known about how these recent

prosecutions fit into the overall history of the federal judiciary. There is much

anecdote and tradition about the nature of the federal judiciary and the people who have served as its judges, but what reliable information exists is scattered among many different sources. It is the purpose of this study to explore

some of those sources and cast light on the historical behavior of federal

judges. This study gives particular attention to why federal judges have left

the bench. Where the cause is not clear, the study indicates the reasons that

judges have given for their departures. This information will help clarify

whether the recent prosecutions are in fact a symptom of alarming changes in

judicial behavior.

. Collins v. United States,  F.d , cert. denied,  U.S.L.W.  (U.S. Apr. ,

) (No. -); Supreme Court Order Opens the Way for Possible Impeachment of Judge,

Wash. Post, Apr. , , at A.

. Gerald Stern, What Claiborne Did, N.Y. Times, Oct. , .

. Wash. Post, supra note .
 Why Judges Resign

This study focuses on the  judges who, over the last  years, resigned from the bench for stated reasons other than age or health.4 Some attention is also paid to judges who resigned or retired for reasons of age or

health before , when “retirement from regular active service” was first offered as an option to Article III judges. This study also addresses the relationship between resignation, malfeasance, and threats of different kinds of punishment. We also consider the historical factors surrounding resignations of

judges for employment-related reasons and the history of other aspects of judicial tenure that may be salient to the question of how to ensure the high

quality and integrity of the federal judiciary, such as the effects of changes in

provisions for retirement and disability.

Following the prosecutions of Judges Hastings, Claiborne, Nixon,

Aguilar, and Collins, and the congressional removal of Judges Hastings,

Claiborne, and Nixon, judicial observers and reformers understandably have

turned their attention primarily to judges who have been impeached. Over

the course of our history Congress has impeached thirteen judges.5 Seven

were convicted and removed from office, four were acquitted, and two resigned before Senate trial.6 The small size of this universe, however, makes it

difficult to form any reasoned judgment about whether significant changes

are occurring in the nature of the federal judiciary. A broader look at all Article III judges who have left the bench, and the reasons why they have done

so, may yield more reliable information about judicial behavior.

. Much of the biographical information included in this study is distilled from data collected by the Federal Judicial History Office (FJHO) on all Article III judges who could be

identified as resigning from office or retiring between  (when retirement became an option) and  (when retiring “from regular active service” became an option). As of this

writing, there is no comprehensive, accurate listing of judges who retired, “retired from the

office,” took disability retirement, or were “involuntarily” certified as disabled that would allow distinguishing between these categories. Thus, it is not possible at this time to assess

change over time in either the numbers of judges entering these categories or their reasons for

doing so. Therefore, treatment of retired judges, of whatever stripe, will be limited to an impressionistic discussion.

. The thirteen are John Pickering (), Samuel Chase (), James Peck (), West

H. Humphreys (), Mark H. Delahay (), Charles H. Swayne (), Robert Archbald

(), George W. English (), Harold Louderback (), Halstead L. Ritter, () Harry

Claiborne (), Alcee Hastings (), and Walter Nixon (). Warren S. Grimes, Hundred-Ton-Gun Control: Preserving Impeachment as the Exclusive Removal Mechanism for Federal Judges,  UCLA L. Rev. ,  n. (). See also Joseph Borkin, The Corrupt

Judge: An Inquiry into Bribery and Other High Crimes and Misdemeanors in the Federal

Courts app. ();  Hind’s Precedents of the House of Representatives ch.  (); 

Cannon’s Precedents of the House of Representatives ch.  ();  Deschler’s Precedents

of the United States House of Representatives ch.  (); and Judge Biographical

Database, Federal Judicial History Office, Federal Judicial Center, Washington, D.C.

[hereinafter Judge Biographical Database].

. The convicted and removed judges were Judges Pickering, Humphreys, Archbald,

Ritter, Hastings, Claiborne, and Nixon. The four who were acquitted were Justice Samuel

Chase and Judges Peck, Swayne, and Louderback. Judges Delahay and English resigned after

impeachment but before the conclusion of the process.
Why Judges Resign 

Part  of this study begins with a summary of the two centuries of growth

of the federal Article III judiciary, from the nineteen judgeships created by

the Judiciary Act of  to the  judgeships that were authorized by

Congress by the close of this study. This part offers a picture of the changing

contours of the judiciary as an institution and provides a context for evaluating the changing numbers of judicial resignations. An overview of the numbers of judicial resignations for the last two centuries includes an analysis of

these numbers and how they have changed over time. It briefly explores the

major categories of resignations and examines in some detail the underlying

pattern of judges resigning from office to pursue other employment. This

overview sets the stage for the next part, which explores the most salient issues raised by these numbers.

Part  explores the relationship between judicial accountability and judicial independence by taking a close look at not only the most well known

incidents of alleged judicial misbehavior leading to congressional investigations, but also at the less well known instances of Justice Department investigations and local prosecutions, as well as the effects on judicial resignation of

threats to use all of these mechanisms. The implications for judicial accountability and judicial independence of these approaches to influencing judicial

behavior are suggested.

Part  summarizes the legislative provisions for retirement and disability

and considers their impact in addressing the problem of the incompetent

judge. The final part provides recommendations for further study.



. Overview

The Growth of the Federal Judiciary

The American judiciary has changed dramatically in size over the past

 years in response to three major factors: () geographical growth, ()

population growth, and () changes in federal jurisdiction. As the country

expanded westward and as territories became states, Congress added corresponding district courts.7 In addition, as population increased through acquisition of territory, natural increase, and immigration, consequent pressures on the federal courts demanded an expanded judiciary. Finally, particularly in the twentieth century, legislation, executive enforcement policies, and

the judiciary’s interpretation of legal rights and remedies have caused the federal judicial caseload to grow. Congress and the President have responded

with many minor and several major expansions of the judicial work force in

this century.8

In  the first Congress created nineteen Article III judgeships.9 Six

men sat on the Supreme Court and rode circuit as trial and appellate judges.

The remaining thirteen judgeships staffed the district courts, one per district

for each of the eleven states, plus one each for the districts of Maine and Kentucky, then parts of Massachusetts and Virginia respectively.10 Over the next

seventy years the number of Supreme Court justices gradually grew to nine,

where, with the exception of five years in the s, it has remained ever

. Russell R. Wheeler & Cynthia Harrison, Creating the Federal Judicial System 

().

. Prohibition was responsible for an enormous increase in judicial workload in the

s. Some judges seemed to relish the increase. See, e.g., Judge M. B. Campbell Sets a Padlocking Record, N.Y. Times, Aug. , ; and  Dry Padlocks in Day Set Record, N.Y. Times,

Aug. , .

. Act of Sept. , , §§ –,  Stat. .

. The numbers of judgeships cited in this section and used as the basis for statistical

calculations throughout are from an internal report by the Administrative Office of the U.S.

Courts, Statistics Division () [hereinafter AOUSC Report], on the number of authorized

judgeships from –. These numbers are for life-tenured Article III judgeships and include the Supreme Court, the circuit courts of appeals (including the U.S. Court of Appeals

for the Federal Circuit, established in ), the Supreme Court of the District of Columbia

(–), the Court of Customs and Patent Appeals (–), the Court of Claims

(–), and the Court of International Trade (–). Another source for similar, although not equivalent, information is Richard A. Posner, The Federal Courts: Crisis and

Reform tbl. B., at – (). Although it would have been preferable to use numbers of

judges rather than judgeships in this report, to date there has been no accurate compilation

of the numbers of judges sitting per year for the years prior to .
 Why Judges Resign

since.11 During the same period, the growth of the country to thirty-three

states brought a concomitant increase in the number of district court

judgeships to a total, in , of forty-three. In  Congress created the first

circuit judgeship to deal with the large number of land disputes in California.12 By , on the eve of the Civil War, a total of fifty-five U.S. judgeships provided for “good behavior” tenure.

By , the number of Article III judgeships had reached . Thus, over

the course of  years, the judiciary had grown by nearly %. After ,

the judiciary continued to grow at an exponential rate, doubling in size over

the next three decades.13 By , it had doubled again, to  judgeships.

During the s Congress added  new judgeships (see Figure , . ). In

 the number of Article III judgeships stood at , double the number of

only twenty-five years before.14

In recent years, both judges and scholars have expressed building concerns about what effects the growth in the judiciary may have on the appeal

of the job and the behavior of judges.15 For instance, one theory holds that

the larger the size of the judiciary, the lower the prestige of the job, and thus

the lower the quality of people willing to serve.16 However, this concern appears to be, if not belied by the history of judicial resignations, then at least

in need of qualification in deference to other factors that make the equation

more complex. Similarly, the theory that as the size of the judiciary increases,

collegiality and peer pressure decrease, resulting in more questionable behavior on the part of judges, requires close empirical study.17

It may be that the growth of the judiciary, per se, has less impact on judicial behavior and prestige than the achievement of a “critical mass,” the size

of which is unclear as yet. Still, as discussed in the next part, the highest percentage of resignations in our country’s history occurred in the decade when

our judiciary was smallest, which, critical mass problems aside, suggests that

small size may be necessary, but it is not sufficient to the promotion of

“prestige.” Factoring out the resignations caused by the secession of the

South before the Civil War, the next highest percentages occurred in the

s and s, decades when the judiciary was only a fraction of its current

. In , , and  there were ten Supreme Court justices; in  and ,

there were eight.

. Wheeler & Harrison, supra note , at .

. Congress passed omnibus judgeship bills in  (Act of Sept. , ,  Stat. );

 (Act of Aug. , ,  Stat. ); and  (Act of May , ,  Stat. ).

. AOUSC Report, supra note , at tbl. .

. See, e.g., Richard Posner, Will the Federal Courts of Appeals Survive Until ? An Essay on Delegation and Specialization of the Judicial Function,  S. Cal. L. Rev.  (); Jon

O. Newman, Restructuring Federal Jurisdiction: Proposals to Preserve the Federal Judicial System,  U. Chi. L. Rev. , – (); Working Papers of the Federal Courts Subcommittee on the Role of the Federal Courts and their Relations to the States – ().

. See, e.g., Report of the Federal Courts Study Committee – (Apr. , ).

. See, e.g., Charles G. Geyh, Means of Discipline Other Than Those Prescribed By the

Judicial Discipline Statute,  U.S.C. § (c), Draft Report to the National Commission on

Judicial Discipline and Removal – (Feb. , ).
Why Judges Resign 

size. Other theories related to size also bear closer scrutiny. Does bigness result in more dissatisfaction with the office, measured by resignations to take

other jobs? Does a higher proportion of potential candidates for judgeships

decline nomination now than in the past? If so, is it that the size of the federal judiciary diminishes its “elite” status? Does bigness mean more investigations into allegations of judicial misbehavior? Although they are beyond the

scope of this study, such questions must be addressed with more than impressionistic or anecdotal studies.

Changes in Judicial Tenure

Whether or not the size of the judiciary can be said to affect the nature of

judicial tenure—that is, the appeal and quality of the office—it clearly must

affect any assessment of whether and how the tenure itself—that is, the

length of office holding and the reasons for leaving—has changed over time.

Because the judiciary has historically numbered relatively few people, it is not

surprising that the absolute number leaving office has been correspondingly

small. Resignations occur infrequently enough (until the s averaging only

slightly more than one per year) so that discovering a pattern or even discerning change over time is difficult. But if numbers of resignations are considered as a percentage of the total Article III judiciary at a given point in time,

some patterns begin to emerge.

Judicial Resignations as a Percentage

of the Total Judiciary: Change Over Time

Between  and , , men and women served as federal judges.18

Of those,  left the bench citing reasons other than health or age. Thus,

over the course of U.S. history, only % of all Article III judges have resigned

from the bench for reasons other than health or age. With the exception of

this one overall percentage, the resignation rates per decade referred to here

(see Figure , p. ) were arrived at by calculating the average number of

judgeships per decade (not per year) and dividing that number into the total

number of resignations for the entire decade. These numbers do not include

senior judges.19 Looked at by decade, the percentage of judges leaving the

bench has fluctuated over the years, but it has declined since , as the size

. This number was arrived at by counting appointments per president from Washington through Carter from lists within the Index by Appointing President, in The Bicentennial

Committee of The Judicial Conference of the United States, Judges of the United States

– (). The numbers for judges appointed by Presidents Reagan and Bush are from

the Administrative Office of the U.S. Courts (AOUSC).

. When referring to the average size of the judiciary in a decade, then, the reference is

to the average judgeships, and not to the total number of individual judges who served over

the course of a decade. Because the goal in creating the resignation rates was to assess change

over time, it was thought that, applied consistently, the method employed would yield numbers that would allow comparison by decade. These rates will not, however, compare with

rates based on a ratio of numbers of resignations to numbers of judges sitting in any given

year.
 Why Judges Resign

of the judiciary has increased. In fact, the highest departure rate for reasons

other than health or age—%—occurred in the decade when the judiciary

was smallest, –.

During the first decade of the federal judiciary, the average number of

judgeships per year was twenty-two; ten judges resigned during that period.

Three judges left for reasons of health or age, three were elected or appointed

to other offices, and four left to resume private practice (one explicitly citing

inadequate salary as his reason for doing so). In the early years of the federal

judiciary, the pay was low, the work sparse, and the physical requirements involved with holding court quite onerous. Four of the ten resignations came

from Supreme Court justices, whose circuit-riding duties made the office too

physically demanding for some.20 The first Chief Justice, John Jay, resigned

to become governor of New York; when he was reappointed to the position

of Chief Justice by John Adams in , he returned his Commission, explaining to the President:

I left the Bench perfectly convinced that under a System so defective, it would not obtain the Energy weight and Dignity which are

essential to its affording due support to the national Governt; nor

acquire the public Confidence and Respect, which, as the last Resort of the Justice of the nation, it should possess. Hence I am induced to doubt both the Propriety and Expediency of my returning

to the Bench under the present System. . . . 21

The system to which Jay referred required that Supreme Court justices

ride circuit and act as judges of the circuit courts. Jay went on to note that,

given the circuit-riding requirements of the office, “independent of other

Considerations, the State of my Health removes every Doubt—it being

clearly and decidedly incompetent to the fatigues incident to the office.”22

Thus, the aspect of Supreme Court service that was to generate the most

dissatisfaction among its justices over the first century of the federal judiciary—circuit riding—resulted in the appointment of John Marshall, the

man whose leadership of the Supreme Court would be the single most important factor in elevating the stature of the office from its unappealing status

in the first decade of the Republic. During Marshall’s tenure, only two justices resigned from the Court, and both left for health reasons.23

The next highest percentage of departing judges occurred in the s.

The % departure rate can be accounted for almost entirely by the fifteen

judges who resigned (and the one who was impeached) as a consequence of

. On the burdens of court duty in the first decade of the Republic, see Maeva Marcus

& Emily Field Van Tassel, Judges and Legislators in the New Federal System, –, in

Judges and Legislators: Toward Institutional Comity (Robert Katzmann ed., ).

. John Jay to John Adams, Jan. , , in  The Documentary History of the Supreme

Court of the United States, –, at – (Marcus & Perry eds., ).

. Id.; Marcus & Van Tassel, supra note .

. These were Justices Alfred Moore and Gabriel Duvall.
Why Judges Resign 

Confederate service or sympathies.24 Judge James Hughes returned to private

practice because he found life on the Court of Claims “too tame.”25 But, with

the exception of Judge Hughes, the nine resignations not related to the Civil

War all followed from old age or poor health. Of the ten judges who left the

bench for reasons other than health or age in the s, half did so under the

cloud of congressional investigation.26 The highest departure rate in the

twentieth century occurred when roughly % of the federal judiciary left the

bench in the decade between  and . In  salaries for Supreme

Court justices went up by $,; district and circuit judge salaries had

recently increased by $,. But between  and , the year that

Congress raised judicial salaries, real wages eroded by approximately % for

Supreme Court justices, % for circuit court judges, and % for district

court judges.27 Of the eighteen judges that resigned during that decade,

thirteen left to take other employment, and three of those thirteen explicitly

cited the inadequate salary of the office as their reason for stepping down.

Five others departed from the bench after allegations of misbehavior were

made against them.28

The resignation rate steadily declined from % in – to % in the

s. The lowest departure rates in the history of the judiciary occurred in

the s (%) and s (%). The departure rate then grew to just over

.% for the decade between  and  and dropped marginally in the

s to .%. Although the absolute number of departures in the s is

large—thirty judges resigned—the rate of departure was actually lower than

it was in all but three other decades in the history of the federal judiciary.29

What is most striking about the resignation rate of federal judges is that it

has declined or increased only slightly since the s, contrary to the belief

. One of these judges, Henry Boyce of the Western District of Louisiana, left the

bench in January of . Reports conflict; given the date and place, however, it is reasonable

to suspect motivations related to the secession of the South.

. Marion T. Bennett, The United States Court of Claims, A History. Part I. The

Judges, –, at  ().

. Ohio District Judge Charles Taylor Sherman resigned in  after corruption

charges were leveled against him in the House. Mark W. Delahay (D. Kan.) resigned sometime after he was impeached in , but before being tried by the Senate. Richard Busteed

(D. Ala.) resigned while under congressional investigation on impeachment charges for nonresidence. Edward Henry Durell (D. La.) resigned in  after a House committee recommended his impeachment for “bankruptcy irregularities.” And William Story (W.D. Ark.)

resigned after appearing before a House committee with “lame and disconnected” testimony

about inordinately large expenditures he had approved for his court (see infra text accompanying notes –).

. Calculations are based on salary figures, in current dollars and in  dollars, in

Posner, supra note , at tbl. B..

. One of these was Judge Archbald, who was removed through the impeachment process.

. This number does not include the judges who “retired from the office” under some

form of what is codified under  U.S.C. § (a). An additional fourteen judges “resigned”

under this provision once they were eligible for their pensions under the age and service requirements.
 Why Judges Resign

of many observers. If large size and low salary are having an adverse impact

on the prestige of the federal judiciary, and thus on the desire of people to

serve, it is not yet resulting in large-scale resignations. The effect may be occurring at the other end of the process, in increasing declinations to serve.30

Why Judges Resign

Specific reasons that judges have given for resignation cover a wide range

and sometimes have multiple components. As Figure  (see p. ) illustrates,

these reasons can range from the relatively common (poor health or low

salary) to the unique (the case of Judge Mahlon Dickerson, who resigned so

that his brother might be appointed in his place). For the purpose of this paper, however, resignation reasons can be grouped into five major categories.

These are () age and/or health; () appointment to other office/elected office;

() dissatisfaction; () return to private practice, other employment, inadequate salary; and () allegations of misbehavior (including impeachments and

convictions).

Age and/or health (including disability and pre- retirement)

Not surprisingly, judges have most commonly offered the pressures of

advanced age or poor health as their reason for resignation. During most of

the nineteenth century Congress provided no incentive for aging or incapacitated judges to leave the bench;31 as a consequence, many judges continued in

office after they could no longer carry out their duties. On the other hand, a

great many other judges chose to relinquish their lifetime salary once it became clear to them that they could not execute the duties attached to the

salary. This issue is discussed separately in the part covering retirement and

disability.

Appointment to other office/elected office

Resignations to accept appointments to other offices or to run for (or accept) elected office have occurred regularly since the first decade of the Republic, following in the tradition set by John Jay and John Rutledge. Although such appointments have a long history, their occurrence has been

relatively infrequent until recently. Throughout the nineteenth century, the

President did not often look to the federal courts as a source for other government appointments. In recent years, however, presidents have chosen federal judges twice to serve as director of the Federal Bureau of Investigation

. Former White House Counsel Fred Fielding, who screened judicial candidates for

five years during the Reagan administration, has indicated that many qualified lawyers

quickly removed themselves from consideration on the basis of the low salary. Wash. Post,

Jan. , . Determining whether declinations have increased over time, and for what reason, would require research not only in presidential papers and Department of Justice files,

but also in the papers of individual senators who were in office when judicial vacancies occurred in their states.

. The legislative responses to age and incapacity are discussed in some detail infra

part .
Why Judges Resign 

(FBI);32 other appointments have included Ambassador to the United Nations, two solicitors general, and Secretary of Health, Education and Welfare.

Although ethical questions or separation of powers concerns have occasionally arisen in the past, there are currently no issues not covered by ethical

guidelines or legislation that fall within the confines of this report.

Dissatisfaction

“Dissatisfaction” is something of a catchall category, and the reasons for a

judge’s inclusion here range from resignations laid to real, generalized unhappiness with systemic or institutional factors associated with judging to a

desire by the resigning judge to move on to other things. In the last case, the

resigning judge has sometimes specifically stated that it was not dissatisfaction with the office that led to resignation, but the incompatibility of a federal judgeship with personal goals. Such judges are included under the heading of dissatisfaction because their resignations indicate a desire to do something different, something other than judging.

Nevertheless, there are judges who have left office for reasons having to

do with specific aspects of the office. Judges who have left because of institutional dissatisfaction in recent years include Judge Robert Bork, who after his

failed nomination to the Supreme Court, stated his wish for a more open forum than the federal bench provides from which to comment on the state of

the judiciary. Judge J. Lawrence Irving resigned in protest over what he concluded to be the excessive harshness of the new federal Sentencing Guidelines, saying: “If I remain on the bench I have no choice but to follow the

law. I just can’t, in good conscience, continue to do this.”33 Earlier in the

twentieth century, Justice John Hessin Clarke, with a touch of racism that is

ironic considering his reason for resigning, informed President Harding that

he would “die happier” working for world peace than he would spending his

time “determining whether a drunken Indian had been deprived of his land

before he died or whether the digging of a ditch was constitutional or not.”34

Although the judges who resign because of dissatisfaction often have little

in common, the unifying thread running through many of their reasons for

resignation is a sense of restrictiveness in the office of judge. This discomfort

speaks more to a chafing at the requirement that a judge exhibit “judicial

temperament” than to a need for any particular institutional change in the

office. To the extent that potential nominees can be briefed about the restrictions and “life-style” changes inherent in judicial service, resignations stemming from a failure to appreciate the full extent of the limitations and frustrations of the office might be lessened by more selective acceptance of the

office initially. However, “dissatisfaction” resignations do not seem to raise

current issues of discipline or removal.

. On  August , Judge Louis J. Freeh (S.D.N.Y.) became the third judge to be

named FBI director, N.Y. Times, Aug. , .

. N.Y. Times, Sept. , .

. Elder Witt, Congressional Quarterly’s Guide to the U.S. Supreme Court  (d ed.

).
 Why Judges Resign

Return to private practice, other employment, inadequate salary

Most judges who have left office for reasons other than age or health have

taken other employment immediately after leaving the bench, and many have

cited that “other employment” as their reason for leaving the bench. In some

cases, this category is the most opaque for purposes of determining precisely

why judges have decided to leave. If judges resign from the bench before being forced to by old age or ill health, it is quite likely that they will subsequently be employed unless they are independently wealthy. Dissatisfaction

with the job, the inadequacy of judicial salaries, and pressures stemming from

allegations of misbehavior or incapacity are all reasons that might underlie a

decision to leave the bench for other employment. Where it has been possible, such reasons are separately identified. However, for the majority of

judges taking other employment, we are left to speculate about the reasons

based on changes in aggregate numbers and historical context.

Over the last  years relatively few judges have explicitly cited the low

pay of the office as their reason for resignation. For the period studied, only

twenty-one judges have actually said as much, but forty-nine additional

judges returned to private practice or accepted other employment. Seventyone judges resigned to engage in other jobs, excluding those appointed or

elected to other office and those who resigned to run for other office but were

defeated. It is reasonable to suppose that in some instances salary was a factor.

For instance, -year-old Theodoric Bland, the district judge for Maryland,

resigned in  after only five years on the court to accept the office of

Chancellor, the highest-paying judicial post in Maryland.35 He may have

been prevailed on to take the post for financial reasons, for reasons relating to

status or family, or for personal reasons. Similarly, Judge Julius Mayer, who

left the Second Circuit in  to return to private practice, cited inadequate

salary as a secondary reason for his resignation.

Judges have complained about the low salary of the office from the earliest years of the Republic. Nathaniel Pendleton, district judge for Georgia,

wrote to President Washington in  expressing his dissatisfaction:

When I solicited the appointment of Judge of this District, I

imagined Congress would have made a more ample provision for

their Judges; but having, at my own solicitation had the honor to

be nominated by you, I could not with propriety refuse serving:

although it will readily be admitted by those who knew the extant

[sic] of my practice at the bar, that the salary allowed me, is but a

small compensation, nor is it indeed an adequate provision for a

family in this Country.36

Pendleton stayed on for five more years before resigning in  because the

salary was not adequate to educate his children.

. H. H. Walker Lewis & James F. Schneider, A Bicentennial History of the U.S. District Court for the District of Maryland, –, at  ();  Conway W. Sams &

Elihu S. Riley, The Bench and Bar of Maryland  ().

. Nathaniel Pendleton to George Washington, Mar. , , in Marcus & Perry, supra

note , at .
Why Judges Resign 

In  Justice Benjamin Curtis resigned as a direct result of serious disagreements over the Dred Scott case; however, his dissatisfactions with the

office were personal as well as legal and political. It was later reported that

“[i]n letters to his friends he stated that his main reason for [resigning] was

that the salary was so small,—it was then $,,— he could not support his

family in Washington, without expending, in addition to this salary, his entire private income, and he did not deem it his duty to do so.”37

The number of people who have declined to be considered for federal

judgeships because of the low salary is undoubtedly far higher than those resigning judgeships for that reason. However, this is a number that can only

be guessed. In the nineteenth century, when some presidents had a habit of

nominating individuals for judgeships without consulting them first, it is

possible to discover people declining nomination or declining to serve after

confirmation because of the low salary.38 For instance, when looking for a

nominee for the newly created judgeship of the Western District of

Louisiana, President Taylor was hard put to find a nominee among his

wealthy Whig acquaintances willing to serve on a salary of $, a year. His

first nominee, James G. Campbell, turned down the nomination (after he

learned of it) in favor of his lucrative law practice. He recommended that

Taylor appoint in his stead state Circuit Court Judge John Kingsbury Elgee.

Elgee, explained Campbell, possessed “an ample fortune which will enable

him to accept the appointment, for with the salary attached to it, the Judge

will have to support the office and not the office the Judge.” Taylor issued a

recess commission to Campbell, who also promptly declined, preferring the

lesser travel involved in his better paying state circuit judgeship.39 President

Tyler ran into similar problems when one of his nominees declined because

of the “utter inadequacy of the compensation,” and another turned down the

job after confirmation because his salary as Indiana Supreme Court Justice

was $, higher than the federal judgeship.40

. Albert Dickerman, The Business of the Federal Courts and the Salaries of the Judges, 

Am. L. Rev. ,  ().

. Individuals who were nominated and confirmed but declined to serve have not been

included in the statistical portions of this study or in the biographical appendix.

. Kermit Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second

Party System, –, at – ().

. Id. at , .
 Why Judges Resign

Returned

to Private

Practice

Other

Employment

Inadequate

Salary

Appointment

to Other

Office

Elected

Office

Sought

Elected

Office -

Defeated

Total

–      

–     

–     

–      

–      

–      

–     

–      

–      

–     

–      

–     

–       

–      

–      

–      

–       

–      

–       

–       

–     

Total       

Table 

Judges Leaving the Bench for Other Employment by Decade

In the twentieth century, salary became a source of dissatisfaction at several different periods. In the decade between  and  the judicial

departure rate spiked to the highest it had been since the s. In the s,

four judges left for other employment or other office; only one explicitly

cited salary as a reason. By contrast, in the s, twelve judges left for other

employment or other office, and three cited salary as their motivation for

doing so. From the s to the s, the judicial departure rate steadily

declined, moving upward again in the s, when it reached the % rate of

the s. Seventeen of the twenty departing judges in the s accepted

other employment or other office. Three of those leaving in that decade cited

salary as their primary motivation. In the s, the number resigning

because of inadequate salary climbed to five; from  to , one judge

has resigned for that reason.41

. Judge Biographical Database, supra note .
Why Judges Resign 

During the s a group of federal judges was so angered by Congress’s

refusal to address the erosion of their real wages that they took the extraordinary step of suing Congress over their remuneration.42 One hundred and

forty-four judges went to court to challenge Congress, claiming that their

salaries had been unconstitutionally reduced by Congress’s failure to adjust

for inflation.43 The Court of Claims rejected their argument.44 The morale of

the judiciary was particularly low at this time, and the Commission on Executive, Legislative and Judicial Salaries (known as the Quadrennial Commission) reiterated in several reports the assertion that judicial resignations

because of inadequate salary during the s and s exceeded all judicial

resignations for all reasons combined for the preceding  years.45 Although

a close look at the history of judicial resignations proves the statement to be

inaccurate, the sentiment suggests the depth of concern that the salary issue

evoked.

In his  book on judicial malfeasance, author Joseph Borkin suggested

that problems with judges tend to crop up in hard economic times.46 His

focus was on the judicial scandals that surfaced during the Great Depression,

a period during which there were eight congressional impeachment investigations, one removal, a resignation of a judge under investigation, and the

criminal conviction of another judge. The only time period for which there

were as many formal allegations of judicial misbehavior was the s, when

Congress investigated eight judges, five of whom resigned—one after being

impeached but before his trial. Of those eight, six were charged with offenses

involving financial irregularities.47 Unlike the s, however, Congress did

raise judicial salaries, and real wages went up over the course of the decade.

For the Supreme Court, real wages went up % in  dollars; circuit court

salaries increased by %, and district court salaries went up by % .

. One member of Congress responded by requesting their impeachment.

. Judges had gone to court over salary matters several times in the past. See cases considering the constitutionality of taxing the salaries of Article III judges, for example, O’Malley v. Woodrough,  U.S.  (); Miles v. Graham,  U.S.  (); and Evans v.

Gore,  U.S.  (). In the s Congress reduced the salaries of retired judges. The

Supreme Court held the salary reduction unconstitutional in Booth v. United States, 

U.S.  ().

. Atkins v. United States,  F.d  (Ct. Cl. ). Forty-four judges filed suit

originally; by the time the case went to court their numbers had swelled by another 

judges.  Federal Judges to Sue for Pay Lost to Inflation, N.Y. Times, Feb. , ; A.B.A.

Chief Backs Judges’ Suit on Pay; Calls Congress “Unfair,” N.Y. Times, Feb. , .

. See, e.g., The Report of the Commission on Executive, Legislative and Judicial

Salaries  (); The Quiet Crisis: A Report by the – Commission on Executive,

Legislative, and Judicial Salaries app. C (–); and Fairness for Our Public Servants: The

Report of the  Commission on Executive, Legislative and Judicial Salaries  (). See

also Corporate Committee for Fair Compensation of the Federal Judiciary and the American

College of Trial Lawyers, Promises Made Promises Still Unkept: Restoration of Inflation-Induced Salary Cuts for Top Government Officials  ().

. Joseph Borkin, The Corrupt Judge: An Inquiry into Bribery and Other High Crimes

and Misdemeanors in the Federal Courts – ().

. The House did not record the charges against the other two.
 Why Judges Resign

Supreme Court justices received a salary increase of $, over the course of

the decade, from $, to $,. Circuit judges’ salaries went from

$, to $, over the same time period, and district judges’ salaries apparently did not increase at all.48 On the other hand, the s, a period of

boom economic times, saw both significant malfeasance and the steady erosion of judicial salaries. This link suggests that low salaries relative to the rest

of the legal profession may have some effect on judicial misbehavior.

Resignations to go into private practice also raise concerns about both the

specter of judges giving preferential treatment to litigants who may be future

employers and the perception of impropriety that such resignations raise. For

instance, when -year-old Judge Royce Savage left the bench in  after

twenty years of service, he ran into a barrage of criticism. It did not escape

public notice that he was going to work as general counsel to Gulf Oil Corporation less than two years after acquitting Gulf of criminal antitrust

charges. The New York Times editorialized:

No one has suggested, nor is there the slightest grounds for thinking, that Judge Savage was moved by improper considerations in

the anti-trust case; and there is no law against his now going to

work for Gulf. Nevertheless, he showed poor judgment in doing so,

because his action tends to lessen public confidence in the independence and integrity of the Federal Judiciary.49

President Kennedy, in accepting Judge Savage’s resignation, took note of the

circumstances of his departure and observed:

the reason that [judges] are appointed for life is so that there

can . . . be no actual improprieties [and] no appearance of impropriety. . . . I don’t think that anyone should accept a Federal

judgeship unless prepared to fill it for life because I think the

maintenance of the integrity of the Judiciary is so important.50

Hugh Martin Morris, a district judge in Delaware, ran into similar criticism

when he accepted a retainer from Universal Oil Products the day after he left

the bench to join a corporate law firm, and only a short time after ruling in

cases involving Universal.51 Kennesaw Mountain Landis, on the other hand,

resigned under pressure of a threatened impeachment after he accepted the

$, per annum job as the first commissioner of baseball while still on the

bench.52

The primary reason for resignation outside of age or health is taking

other employment. When the numbers of judges leaving to return to private

practice, to accept appointment to other office, to seek or accept elected

office, to engage in other employment, and because of inadequate salary are

added together, the result— resignations—exceeds all other reasons not

. See Posner, supra note , app. B, at .

. As quoted in David Stein, Judging the Judges – ().

. Id.

. Stephen B. Presser, Studies in the History of the United States Courts of the Third

Circuit, –, at  ().

.  Cannon’s Precedents § , at – ().
Why Judges Resign 

related to age or health combined and also exceeds all age- and health-related

reasons. When appointments to other office and runs for elected office are

excluded, the number of resignations is seventy-one. Too much should not

be made of this number, since in many instances it is not possible to derive

what the underlying motivation might be for leaving the bench—a judge

leaving to avoid investigation or prosecution, for instance, would be likely to

take other employment. What can be said, however, is that judges who resign

to take other employment, for whatever reason, still represent less than % of

the judiciary for the entire period studied.

Allegations of misbehavior (including impeachments and convictions)

The rate of judicial departures following allegations of misbehavior is

much higher than either the impeachment or the conviction rate. As indicated earlier, twenty-two judges have resigned under fire; these resignations

are discussed in detail in the following part.



. Judicial Resignations Following Allegations

of Misbehavior

Thomas Jefferson’s dismay over the failed impeachment of Supreme Court

Justice Samuel Chase in  led him later to complain that “impeachment is

not even a scarecrow.”53 Subsequent events have proven Jefferson wrong.

Although the full panoply of the impeachment process has only rarely been

used, its existence until recently gave Congress an impressively big stick to

wield in persuading miscreant judges to leave the bench.54 Since Jefferson’s

time, our experience has suggested two things about judicial discipline and

removal. One is that investigations, threats of investigations, and threats of

impeachment can be very powerful tools in inducing judges to voluntarily

resign from office. The second is that these tools have a great potential for

misuse.

A core value that is supported by the constitutional structure of the federal judiciary is judicial independence. The appointment, salary protections,

and removal mechanism are all means to ensure that federal judges be independent and impartial in their decision making. On the other hand, judicial

independence was never intended to trump judicial accountability for misbehavior.55 Just as, for the benefit of society, we value holding judges accountable for behavior deviating from high standards of probity, so, too, is the protection of judicial independence for the benefit of litigants and society, not

for the benefit of individual judges.56 The balancing of independence and

accountability has never been easy; history shows that privileging one above

the other can carry serious costs. For Jefferson, the costs of independence

overwhelmed its benefits after the defeated Federalists retreated into the judiciary at the end of John Adams’s presidency. The vehemence of his rejection

of judicial independence, and his proposed means to control judges, highlights just how fragile a concept judicial independence can be in the face of

partisan differences:

Before the canker is become inveterate, before its venom has

reached so much of the body politic as to get beyond control, rem-

.  Herbert A. Washington, The Writings of Thomas Jefferson  (–).

. James Bryce called the impeachment process a “one hundred ton gun.” See Grimes,

supra note , at .

. The disagreement comes over what behavior judges can be held accountable for. As

will be discussed later, some people believe that judicial accountability extends only to misbehavior in office, whereas others feel that it extends to both judicial and nonjudicial

malfeasance.

. But see Russell Wheeler, Judicial Independence and Judicial Administration (),

who argues that the framers, taking human nature into account, intended that judicial independence should foster the desire of judges as individuals to achieve fame.
 Why Judges Resign

edy should be applied. Let the future appointment of judges be for

four or six years and renewable by the President and Senate. This

will bring their conduct at regular periods under revision and probation and may keep them in equipoise between the general and

special governments. . . . That there should be public functionaries

independent of the nation, whatever may be their demerits, is a

solecism in a republic of the first order of absurdity and inconsistency.57

The question we are left with is the same one that attends many constitutional issues: what costs are we willing to incur as we weigh one value against

another?58

Background

The chilling of judicial independence has been at issue in the context of

actions taken not only by the legislative branch but also by the executive

branch and by the states. Similarly, the judiciary itself has at times been accused of trying to control or influence the actions of particular judges.59 The

following discussion is intended to be suggestive of the range of circumstances in which federal judges have been subject to investigations and to

threats of prosecution or impeachment. It is not suggested that the intent has

always been to coerce particular judges or the judiciary as a whole; it is suggested, however, that such measures can have the effect of chilling judicial independence and—setting aside constitutional questions—as a matter of policy should be understood as potentially troubling.

As already noted, Congress has removed seven Article III judges in the

last  years. But between , when Georgia’s district judge, William

Stephens, resigned during a congressional investigation, and , at least

twenty-two other Article III judges resigned or retired from the bench under

a cloud. In some cases there is no hard evidence linking the resignation with

the investigation or other action against the judge. In most of these cases the

proximity of the resignation to the investigation or to allegations against the

judge is at the very least suggestive of a connection. However, this should not

. Washington, supra note , at .

. For an illuminating discussion of this crucial point, see Russell R. Wheeler & A. Leo

Levin, Judicial Discipline and Removal in the United States – (). Wheeler and

Levin note that

[it] is important to take care to distinguish reasoned appeal to the need to

preserve judicial independence from less justifiable references to this principle. “Judicial Independence” is not a talismanic phrase that justifies a

veto of any and all proposals for new disciplinary mechanisms. Sometimes

it appears to be no more than an automatic reflex: the assertion of the

need for such independence seems at times to be used as a tactical ploy to

hide other, less reasonable objections to a particular proposal. Cheapening

the argument in this way is unfortunate, for it clouds the issue and makes

it more difficult for sponsors of proposals to appreciate insidious threats to

such independence that may in fact exist. Id. at –.

. See, e.g., Chandler v. Judicial Council,  U.S.  ().
Why Judges Resign 

be viewed uncritically; in at least one instance, that of Seventh Circuit Judge

Samuel Alschuler, who several commentators have indicated retired in response to a congressional investigation,60 the proximity of retirement to allegations seems clearly to be only coincidental. In Alschuler’s case, Representative Everett Dirksen of Illinois brought accusations against Alschuler on the

floor of the House for apparently political reasons. After referral to the Judiciary Committee, the resolution was laid on the table. Dirksen’s colleagues

condemned him for the proceedings, stating in the committee report of August , , that “no mitigating facts or circumstances have been discovered

by this committee touching the conduct of the said Everett M. Dirksen, in

basing upon a misstatement of facts a false accusation of personal and official

dishonesty against the said Samuel Alschuler.”61 The historian of the Seventh

Circuit notes that Judge Alschuler and his supporters “felt completely

vindicated by the House report.” Judge Alschuler did not retire until nine

months after the House had exonerated him.62

The list of judges resigning or retiring to avoid sanction for behavior inappropriate for a federal judge—or perhaps to avoid bringing discredit on the

federal bench—should not be taken as definitive, since no record is kept of

such resignations, and discovering the motivation for resignation is often

serendipitous. For instance, when Judge John Augustine Marshall of the U.S.

District Court of Utah resigned in , no congressional investigation had

been launched or was threatened. Still, Judge Marshall indicated that he

would resign after he, in the words of one observer,

became enmeshed in a scandal involving the cleaning woman of his

courtroom. Mr. Van Cott and Will Ray, who was then United

States District Attorney, both thought the accusation was a frameup and urged the judge to meet the thing head on with a fight to

the finish. But the judge resigned from the bench rather than go

through the ordeal of the scandal.63

There may be other instances in which a judge resigned while under investigation and may have done so to avoid the embarrassment or the expense of

challenging the charges, rather than because the charges were warranted.64

Having said that, it is still possible to conclude that connections exist between investigations or allegations of misbehavior and subsequent resignations, even if it is not always possible to assess the merits of the investigation

. See Borkin, supra note , at ; Grimes, supra note , at  n..

. Rayman L. Solomon, History of the Seventh Circuit, –, at  (n.d.), quoting

H.R. Rep. No. , th Cong., st Sess.  ().

. Solomon, supra note , at –.

. Clifford L. Ashton, History of Territorial Federal Judges for the Territory of Utah

– and United States District Judges for the District of Utah –, at –

(n.d.), quoting S. N. Cornwall’s history of the Van Cott firm.

. Judge Francis Winslow, who resigned during an impeachment investigation, claimed

that he did so because “his usefulness as a member of the judiciary was . . . impaired” and

that even if exonerated, “the prestige of the court would be impaired should he return to it.”

He also indicated that the financial burden of fighting the charges would be too great. N.Y.

Times, Mar. , .
 Why Judges Resign

or allegations. For instance, Congress investigated Judge William Story of the

Western District of Arkansas in  for, among other things, inordinately

large undocumented court expenditures and for allowing bail for persons

convicted of capital crimes while they were awaiting sentence.65 The House

committee found that Judge Story’s testimony was “lame, disconnected and

unsatisfactory.”66 Within the month after publication of the committee investigation and report in the Arkansas Gazette, Judge Story resigned and

moved to Denver. He was elected lieutenant governor of Colorado fifteen

years later, and a biographical directory of Colorado published in  implies that the -year-old Story resigned for health reasons.67 But the coincidence of the reports of the investigation and Story’s resignation suggests that

avoidance of impeachment or possible criminal prosecution was the most

likely motivation for his resignation.

Judge Story’s case, as well as some others, raises the question of whether

closer attention to character, background, and “judicial temperament” during

the nominating process might diminish the number of problem judges on the

federal bench. The average age at appointment of judges who resigned after

allegations of misbehavior were made against them was .. Judge Story was

 when he was appointed; Judge Martin Manton, whose judicial corruption

resulted in prosecution and a prison term after he resigned in disgrace in

, was  when he joined the bench. Although greater age at appointment

does not in itself have any correlation to greater probity of appointees, it

would ensure that appointees had a long enough professional record to allow

investigators a greater body of activity to assess.

Age does not guarantee either competence or good behavior, however. In

addition to resigning, judges have also taken senior status under pressure, and

although such “retirements” are beyond the scope of this study, two instances

should be noted here, indicative of the elusiveness of any definitive statements about the extent or outcome of judicial misbehavior. The first is Judge

John Warren Davis of the Third Circuit. Judge Davis was writing and selling

decisions going out over Judge Joseph Buffington’s signature. Buffington was

aging, deaf, and nearly blind; he was clearly not writing these opinions. Davis

was the subject of investigation and speculation when he took senior status in

. It is not clear whether he expected his retirement to forestall further action; if he did, he was mistaken. Formal process was not begun until after his

retirement and was not abandoned until he relinquished his pension rights.

The second is Judge Mell Underwood of the Southern District of Ohio, who

also took senior status at a time when there would appear to be nothing un-

. The committee compared expenditures for the entire state for the three years before

the Civil War with expenditures in the Western District for the three years after its creation

in , which corresponded with Story’s stewardship as district judge. From  through

, the average expenditure per year was $, for the entire state. Under Story’s tenure

the expenditures for the Western District alone averaged more than $, per year. Ark.

Gazette, June , .

. Id.; Ark. Gazette, June , .

. Portrait and Biographical Record of the State of Colorado  ().
Why Judges Resign 

toward about doing so—he was  years old and had served for nearly thirty

years. But he had a number of mandamus cases filed against him, and he was

“just not doing much work.” He first responded to efforts by his circuit

council to induce him to retire by digging in his heels. “I told them to go to

hell,” he is reported to have said. Nevertheless, he did end up retiring after

reports of his behavior began appearing in a statewide newspaper.68 In Underwood’s case, retirement was sufficient.

Investigations

Congressional Investigations

Judicial resignations have quite frequently been triggered by congressional investigations of a judge’s behavior, as precursors to impeachment proceedings. The House has engaged in more than fifty judicial investigations

since , resulting in thirteen resignations, four convictions, four acquittals,

and five censures.69 Currently there are concerns about the quantity of recent

judicial prosecutions that have occurred without congressional investigations.

Knowing how congressional behavior has changed over time may offer

insights into the nature of the problem.

Although the absolute number of House investigations of Article III

judges has not changed significantly over the decades, the percentages have.

As with departures, the highest percentage of investigations occurred in the

judiciary’s infancy. Over the course of the first decade of the nineteenth century, Congress investigated four Article III judges.70 The average size of the

judiciary was twenty-four, so Congress investigated .% of the judgeships

in that decade. The four investigations in the s equaled %, which was

the second highest rate for the period studied.71

During the first decade of the nineteenth century, the investigations and

impeachment proceedings may be laid directly to partisan politics. Throughout Jefferson’s administration and beyond, the Jeffersonian Democrats

launched repeated attacks on the judiciary. Henry Adams reports in his history of Jefferson’s second administration that Senator Tiffin of Ohio proposed an amendment to the Constitution in  that would have changed

judicial tenure from a lifetime office to one held for a specified number of

years and allowed removal by the President upon address of two-thirds of

both houses of Congress. Adams tells us that Tiffin’s motion

was not an isolated or personal act. The State legislatures were invoked. Vermont adopted the amendment. The House of Delegates

in Virginia, both branches of the Pennsylvania legislature, the

popular branch in Tennessee, and various other State governments,

in whole or in part, adopted the principle and urged it upon

. Peter Graham Fish, The Politics of Federal Judicial Administration ,  ().

. These figures do not include territorial judges and exclude judges who have traditionally been listed as resigned, where new evidence shows otherwise.

. They were Judges Pickering, Chase, Peters, and Innis.

. The s investigations were of Judges Buckner, Peck, Conkling, and Tait.
 Why Judges Resign

Congress. In the House, George W. Campbell moved a similar

amendment January , and from time to time other senators and

members made attempts to bring the subject forward.72

That same year, Joseph Story listened, appalled, as another senator attacked

the judiciary, exclaiming, “[N]ever did I hear such all-unhinging and terrible

doctrines. He laid the axe at the root of judicial power, and every stroke

might be distinctly felt.”73 Between  and , nine judicial-removal

amendments were proposed in Congress. After the fervor of antijudiciary

sentiment subsided, the nineteenth century saw only two other such proposals, in  and .

74

After the s, the investigation rate fluctuated from % to .% for the

rest of the nineteenth century, with the notable exception of the s, when

Congress investigated nine judges, .% of the . judgeships that the

decade averaged.75 Of the nine investigated judges, all were appointed between  and . Lincoln had appointed five, Johnson one, and Grant the

remaining three. The six whose political affiliation is known were all Republicans, and they were investigated at a time when both Congress and the Executive were controlled by the Republican party. Partisan animosity would

thus not appear to be the motivating factor behind this abnormally large

number of investigations.

During the twentieth century, the investigation rate has never climbed

above %, although in the s the .% rate represented seven investigations, two shy of the record nine investigations of the s. From  to

, there were no congressional investigations, although during this time

Congress apparently requested that the Justice Department conduct several

investigations.76 From  to , Congress investigated % of the judiciary. This percentage dropped to .% in the s and % in the s and

s, and it went up to .% in the s.

It is worth noting that when Congress was most actively investigating

federal judges in the s, the entire Grant administration was reeling from

disclosure of massive corruption at the cabinet level. The Credit Mobilier

scandal went hand in glove with exposure of malfeasance by the Secretary of

the Treasury, the Secretary of the Navy, the Attorney General, the Postmaster General, and the Secretary of War. William Belknap, the Secretary of

War, resigned in ; he was nevertheless impeached and avoided conviction

only because the Senate decided it lacked jurisdiction.

.  Henry Adams, History of the United States of America  ().

. Id.

. Herman V. Ames, The Proposed Amendments to the Constitution of the United

States During the First Century of Its History, Annual Report of the American Historical

Association – ().

. These were Justice Stephen Field and Judges Mark Delahay, Edward Durell, Charles

Sherman, Richard Busteed, William Story, David Humphreys, Andrew Wylie, and Henry

Blodgett.

. See infra text accompanying note .
Why Judges Resign 

In the s the Harding administration was similarly rocked by the

Teapot Dome scandal. Improprieties in the Justice Department, the Veterans

Bureau, and the Interior Department resulted in suicides, resignations, and

the first prison term for a cabinet officer in American history. Justice Oliver

Wendell Holmes, who averred, “I don’t follow politics,” was nevertheless

moved to comment that “we are investigating everybody and I dare say fostering a belief too readily accepted that public men generally are corrupt.”77 If

that belief was shared, however, it seems to have followed that it did not

really matter. New York newspapers found the scandal of so little concern

that they dubbed senators investigating the affair “scandalmongers,”

“mudgunners,” and “assassins of character.” This was the atmosphere of

public life in the s that preceded the next major exposure of judicial venality in the s.

The declining number of House investigations after the s probably

says more about changes in Congress than it does about changes in the judiciary. As others have noted, beginning in the s, Congress seemed more

willing to entrust the Justice Department and the criminal court system with

judicial discipline.78 During the period of the communist witch hunts in the

s Congress did not conduct any formal investigations of Article III

judges. This may not mean that judges were more upstanding in the s

than at other times, but simply that an institution with significant time constraints had other fish to fry.

In , the year of the earliest recorded investigation of a federal judge,

the House requested the opinion of Attorney General Charles Lee on the best

method of proceeding against Ohio Territorial Judge George Turner79 after

receiving a petition complaining of Turner’s behavior. Lee was of the opinion

that because of the expense of conducting an impeachment of a judge so far

from the seat of government (, miles was the estimate he offered), Judge

Turner ought to be prosecuted by information or indictment before the

Supreme Court of the territory. He informed the House that

in consequence of affidavits stating complaints against Judge

Turner, of oppressions and gross violations of private property, under color of his office, which have been lately transmitted to the

President of the United States, the Secretary of State has been by

. Oliver Wendell Holmes, Jr., to Sir Frederick Pollock, Apr. , , in  HolmesPollock Letters: The Correspondence of Mr. Justice Holmes and Sir Frederick Pollock –

, at  (Mark DeWolfe Howe ed., ).

. See, e.g., Grimes, supra note , at .

. Judge Turner’s case is of interest because it was dealt with during a period when

Congress was still treating territorial judges in the same manner as Article III judges for the

purposes of removal. Territorial judges serve for limited terms, are not Article III judges, and

may be removed by the President. Territorial judges were the subject of a number of House

investigations until the Supreme Court ruled in  that territorial courts are legislative, not

Constitutional Courts (see The American Insurance Company v. Canter,  Pet. , 

()), and the House Judiciary Committee concluded in  that a territorial judge “is not

a proper subject of trial by impeachment” (see  Hind’s Precedents § , at  ()). For

statistical purposes, territorial judges have not been included in this study.
 Why Judges Resign

him instructed to give orders to Governor St. Clair to take the

necessary measures for bringing that officer to a fair trial, respecting

those charges, before the court of that Territory. . . . 80

The House then set aside its own investigation. Although Judge Turner himself requested that the House investigate the charges against him, the investigating committee reported that his case should be heard before the court of

the territory, where Turner would have the opportunity to defend himself.

Justice Stephen Field was at the center of a controversy early in his career

that he perceived as a direct attack by Congress on judicial independence. In

 and , the Supreme Court was asked on several occasions to consider

the constitutionality of the Reconstruction Acts passed in the aftermath of

the Civil War. Field was suspected of overt hostility to the Acts, and he

found himself subjected to what he took to be an attempt to influence his

decision and chill the independence of the other justices, as evidenced by a

somewhat absurd attempt to impeach him.

As Field told it, he was invited to a dinner party that began at about five

in the afternoon; by eight, Field was ready to retire and left.81 Shortly after,

Rodman Price, the former governor of New Jersey, arrived and was told to

take Field’s place at the table. In the course of subsequent conversation, Price

expressed the opinion that “the whole reconstruction measures would soon

be ‘smashed up’ and sent to ‘kingdom come’ by the Supreme Court.” This

was said within the hearing of a reporter, who immediately asked a waiter for

the identity of the speaker; of course, the place card bore Justice Field’s name.

The comment appeared in the next day’s paper, attributed only to a justice of

the Supreme Court. When the story was reprinted by a Baltimore paper,

Field was identified as the justice in question. On January , , Mr.

Scofield, a representative from Pennsylvania, introduced a resolution in the

House directing the Judiciary Committee to begin an impeachment inquiry;

the resolution passed, ninety-seven to fifty-four.

The facts became known soon enough, and the resolution was laid on the

table in June.82 But Field saw the action as something more than comical,

although it did not affect his actions: “The resolution was evidently intended

to intimidate me, and to act as a warning to all the judges as to what they

might expect if they presumed to question the wisdom or the validity of the

reconstruction measures of Congress.”83 Although unsuccessful in this regard,

if such intimidation had even been the intention, this incident highlights the

ways in which disciplinary measures directed against an individual judge may

create an atmosphere that is not conducive to the full exercise of judicial

independence by other members of the judiciary. Similarly, Judge John

.  Hind’s Precedents § , at – ().

. The following account is taken from Carl Brent Swisher, Stephen J. Field, Craftsman

of the Law, at – (), quoting from Stephen J. Field, Personal Reminiscences of Early

Days in California ().

. For a brief recounting of the House actions, see  Hind’s Precedents § , at 

().

. Swisher, supra note , at –.
Why Judges Resign 

Watrous, the first district judge for the district of Texas, faced repeated

politically and financially motivated ouster attempts that he interpreted as a

frontal assault on judicial independence. After the House voted not to impeach Judge Watrous in , Senator Sam Houston denounced him on the

Senate floor to pave the way for another impeachment attempt, an effort in

which Watrous’s enemies were at least in some measure successful. On the

occasion of this latest of numerous attacks, Judge Watrous decided to reply

in a printed pamphlet, in which he stated: “If I am driven from the bench by

such methods of annoyance, then have we reached the beginning of the end

of anything like independence of the Judiciary.” Judges would be forced to

“consult the popular cry and not the law.” Watrous’s remonstrances fell on

deaf ears. For the fourth time, a congressional committee recommended impeachment. But also for the fourth time, the full House refused to impeach.84

Department of Justice Investigations

Although it is clear that prosecutions or threats of prosecutions may adversely affect judicial independence, it is less clear that investigations or

threats of investigations may also have a chilling effect on judicial independence. Since the time of Judge Turner, varying opinions have been expressed

on the subject of the authority of the Executive to investigate federal judges.

These opinions have at times been explicitly expressed in Justice Department

testimony to Congress and at other times implicitly avowed through the investigative activities of the Justice Department. The investigations that have

led to prosecution or impeachment are well known; what are less visible are

those investigations that have not resulted in further action against a judge or

judges. Because such investigations have seldom come to public attention, assessing their propriety and impact is much more difficult.

An incident occurring in the early s in which an assistant U.S. attorney was dismissed for launching an investigation of a judge without authorization suggests that the Justice Department recognized that it is dangerous

to treat the investigation of judges the same way as any other investigation.

Assistant Attorney General Rush L. Holland testified before a House appropriations subcommittee:

[W]e recently discharged an employee who, without authority or

suggestion, on his own motion, proceeded to investigate a United

States judge. We discharged him by reason of the fact that we are

not attempting to exercise espionage or jurisdiction over judges.

That rests wholly with the Congress, and the Attorney General

himself could not issue an order to do a thing of that kind, except

when called upon by Congress so to do.85

. The proceedings against Judge Watrous are chronicled in  Hind’s Precedents

§§ –, at –. See also Wallace Hawkins, The Case of John C. Watrous: A Political Story of High Crimes and Misdemeanors – ().

. Hearing Before Subcomm. of House Comm. on Appropriations, Departments of State and

Justice Appropriation Bill, , Part , th Cong., d Sess.  () (testimony of Rush L.

Holland, Mar. , ) [hereinafter Hearings].
 Why Judges Resign

A few years earlier, in , Attorney General James McReynolds had reported to Congress that, although

[n]o inspectors or other agents are appointed or employed by the

Attorney General or by the Department of Justice specifically to investigate and report upon the conduct or proceedings of any of the

courts or judges of the United States, . . . [w]ithin the past five

years agents of the department have investigated the conduct of

three judges of courts of the United States appointed under the

Constitution to hold office during good behavior. . . .86

One of those investigated judges was Judge Archbald, whom Congress

subsequently impeached and convicted.87 McReynolds indicated that, although the Executive did not possess the power to remove Article III judges,

“it seems clearly within his prerogative to inform the House of Representatives of facts which might necessitate a further investigation or an impeachment.”88 Professor Peter Fish suggests that the Justice Department perceived

investigations as a potent weapon in influencing how judges did their job. He

notes that, “whatever their intrinsic value, investigations afforded or were

perceived as affording the prosecuting department immense leverage in its relations with the judges.”89 Professor Fish quotes Senator William E. Borah’s

comment: “In different ways and by different methods other than by the

usual practice judges are given to understand the views of the Government as

to what the law is and what the decision should be.”90

After Congressman Fiorello La Guardia preferred charges against Tennessee District Court Judge Harry B. Anderson in March of , Senator

Kenneth McKellar of Tennessee accused the Justice Department of having

used its investigatory powers in an attempt to intimidate the Tennessee

judge. He told Attorney General William Mitchell that he had evidence of a

report made by one of Mitchell’s assistants, in which the assistant

“recommended that you call Judge Anderson before you and tell him that

unless he changed his rulings in liquor cases and in matters of procedure that

an investigation looking to his impeachment should be immediately begun.”91

. Report on Courts and Judges: Letter from the Attorney General, S. Doc. No. ,

d Cong., st Sess. – () (James C. McReynolds to president of the United States Senate, Aug. , ). McReynolds did not address the issue of whether the Justice Department

could legitimately investigate judges with a view toward criminal prosecution rather than impeachment, but the clear implication of his letter was that such an option was not even on

the table at that time.

. According to the testimony of the Chief of the Division of Accounts of the Justice

Department in , both Judge Archbald and Judge Swayne (who had been impeached and

acquitted in ) were investigated by the Justice Department at the request of Congress.

See Hearings, supra note  (testimony of John D. Harris). The clear implication of

McReynolds’ testimony is that the executive branch instigated the Archbald investigation.

. Id. at .

. Fish, supra note , at .

. Id.

. Kenneth McKellar,  Cong. Rec., pt. , at  ().
Why Judges Resign 

Attorney General Mitchell stated unequivocally, “It is clear that Attorneys General have no authority to make investigations with a view to impeachment of Federal judges, and, so far as I know, no Attorney General has

claimed any such authority.”92 He then went on to deny that he had ever

received the report that McKellar referred to, but he did indicate that the investigation, which he characterized as an investigation of the administration

of bankruptcy laws, was being carried out on the department’s own initiative,

and that, although Judge Anderson was not the subject of the investigation,

“during the course of the investigations of departmental agents . . . persons at

Memphis, on their own motion, went to the agents of the department and

laid before them statements relating to Judge Anderson’s official conduct.”

The Attorney General indicated that the agents had then properly recorded

and transmitted these statements to the Justice Department. He denied as

well that the Justice Department had made the report of the investigation

available to Congressman La Guardia.93 Senator McKellar was not mollified,

and he informed the Senate that he had brought the matter to their

attention,

so that Senators would think over the proposition of whether it is

in the province of the Department of Justice to put sleuths on Federal judges and have secret reports made concerning Federal judges

in this country. . . . If a Federal judge feels that he is under constant

scrutiny of the Department of Justice, I do not know that he can

make a fair and upright and honest judge. Nor do I think the department, while admitting it has no authority to investigate judges

looking to their impeachment, should actually exercise such

authority under some other pretense.94

Ignoring the policies underlying the separation of powers, if not the explicit

constitutional mandates, specifically the exclusive vesting of the impeachment

power in Congress, can sometimes undermine public trust in the judiciary in

two directions, depending on the political relationships between the judges

and the other two branches. When the Executive is a member of one party

and the judge being investigated is of another, clear issues of partisan pressure

surface. On the other hand, when the judge and the President are of the same

party, and questions about the judge’s integrity are raised but not pursued,

equally disturbing questions may arise. Both circumstances expose threats not

only to the reality of judicial independence but also, equally important, to

the public perception of judicial independence. The circumstances surrounding the resignation of Supreme Court Justice Abe Fortas in  provide an

interesting example of both sides of the partisan coin.

After Associate Justice Fortas’s failed nomination to be Chief Justice in

, questions began surfacing about his relationship to financier Louis

. But cf. the comments of Attorney General McReynolds, supra text accompanying

note .

. McKellar, supra note , at .

 Id. at . The House determined that impeachment was not warranted, but censured Judge Anderson. See  Cannon’s Precedents §§ , , at –,  ().
 Why Judges Resign

Wolfson, who had recently been convicted of conspiracy to violate the securities laws. In September of , the Senate Judiciary Committee received an

anonymous letter advising it to investigate Fortas’s relationship with Wolfson. Senator Robert Griffin of Michigan, who had led the earlier fight against

Fortas, sought FBI assistance in investigating the matter. Senator Griffin’s

representative was told that an investigation could be done only with the approval of Attorney General Ramsey Clark, to which Griffin’s representative

replied that the Senator would not pursue the matter because “the Attorney

General had fully endorsed Fortas and would not authorize the FBI to conduct [an] investigation along lines which might seek to discredit him.”95

Fortas biographer Bruce Murphy reports that when President Lyndon

Johnson told Ramsey Clark in June that he wanted to elevate Fortas to the

chief justiceship, Clark was not happy about the prospect of investigating

Fortas again. Professor Murphy reports that Clark was genuinely concerned

about the

“danger” to the constitutional “separation of powers” in a member

of the executive branch saying to a sitting, and presumably independent, judge, “Okay, now, are you an honorable man? Have you

done anything dishonest? Have you taken bribes, or have you done

things foolish?”96

Murphy found no evidence that an FBI investigation was done.97

A few months later, however, the administration had changed. Life magazine reporter William Lambert was also attempting to investigate the relationship between Fortas and Wolfson, and he was now dealing with a Justice

Department more openly hostile to Fortas. Lambert met with Will Wilson,

the assistant attorney general in charge of the Justice Department’s criminal

division. He sought, in that meeting and later, to get Justice Department corroboration of the tip he had received about possible financial improprieties.

Wilson, who was no fan of Lyndon Johnson’s and a critic of the Warren

Court, declared later, “I knew what kind of a potential coup we had. In all

candor, we wanted Fortas off the Court.”98 Wilson launched his own parallel

investigation of the justice’s activities, “making the matter a top priority for

the Justice Department.”99 He informed Attorney General John Mitchell and

J. Edgar Hoover of the FBI of the connection between Fortas and Wolfson.

Mitchell passed this information along to President Nixon.100

In an interview with Bruce Murphy in , Wilson confirmed the

complicity of the Nixon administration, which was suspected at the time, in

the production of the damaging article about Fortas. Writes Murphy:

Lambert returned to the office of a senior Justice Department

official and told him that he still needed confirmation of the story.

. Laura Kalman, Abe Fortas: A Biography  ().

. Bruce Murphy, Fortas: The Rise and Ruin of a Supreme Court Justice  ().

. Id. at  n..

. Id. at –.

. Id. at .

. Kalman, supra note , at .
Why Judges Resign 

When assistance was not immediately forthcoming, the reporter

pressed: “I will not run the story unless I have confirmation of it.”

So, even though Justice Department files about an ongoing investigation are confidential, the official confirmed the story. This was all

that Lambert needed to proceed.

Murphy concludes: “With that, the Nixon Justice Department had now become an accomplice in the production of the story.”101

After the Life magazine story questioning Fortas’s dealings with Wolfson

broke, President Nixon met with Republican members of Congress to persuade them that impeachment proceedings against Fortas would be inadvisable, since they would only divide the country. Every indication was that

Fortas could be forced to resign without impeachment. Attorney General

Mitchell arranged to meet with Chief Justice Earl Warren to persuade him to

apply pressure on Fortas to resign. After the meeting, Warren remarked to his

secretary (referring to Abe Fortas), “He can’t stay.”102 Fortas later said he

“had received a message from the Nixon administration that if he did not resign, it would institute criminal proceedings against him.”103 Fortas resigned.

A month after Fortas’s resignation, Senator Strom Thurmond declared,

“Douglas is next.”104

In a relatively recent instance of judicial recalcitrance in the face of requests for resignation, Judge Herbert Fogel of the Eastern District of Pennsylvania remained in office for more than a year after he was investigated in

 by the Justice Department for business irregularities occurring before he

ascended to the bench. Judge Fogel invoked the Fifth Amendment when

questioned before a grand jury about his role in a questionable government

contract deal involving his uncle. The New York Times reported in November of  that “Deputy Attorney General Harold R. Tyler, Jr. has let it be

known to Judge Fogel that it would be best for the reputation of the Federal

Judiciary if he left the bench voluntarily.” Judge Fogel resigned about a year

later and returned to private practice.105

The same year, the Department of Justice was also apparently investigating Judge John Singleton in Texas, but the department’s efforts to force Singleton to resign were unsuccessful, and a grand jury refused to indict.

According to a journalistic account published in :

. . . in , a Department of Justice investigation turned up large

personal loans to Judge Singleton in the records of Houston’s now

defunct Franklin Bank. At that time, Judge Singleton was presiding

over the criminal prosecution of James Robert Lyne, former president of the bank. In  Judge Singleton informed his fellow

. Murphy, supra note , at .

. Kalman, supra note , at .

. Id. at –. Although impeachment proceedings were never fully pursued against

Justice Fortas, Congressman H. R. Gross of Iowa did prepare articles of impeachment. Id. at

.

. Id. at , citing a press release from Senator Thurmond’s office.

. Quoted in Grimes, supra note .
 Why Judges Resign

judges that he was being investigated by a federal grand jury in

Houston and that he had been asked to resign. Singleton said his

problems had arisen out of his getting heavily into debt. . . . Not

only had Judge Singleton not removed himself from the Lyne case,

but the Justice Department listed a total of  cases in which it

thought the judge had a conflict of interest. The grand jury, however, did not indict Singleton. . . . 106

There is also evidence that, on occasion, individual U.S. attorneys have

instigated investigations or charges against federal judges, although with little

success and sometimes dire, but predictable, results. In the case of West Virginia District Judge William Baker, the complaints lodged by the U.S. attorney prompted Congress to launch an impeachment investigation, after which

Baker was exonerated. Chief Justice Taft was outraged by this intrusion and

attempted to get the Judicial Conference to adopt a resolution supporting the

replacement of the U.S. attorney. The acrimony between Judge Baker and

the U.S. attorney had apparently brought judicial business in the district to a

virtual halt.107

Outside Investigations

Threats to investigate or launch charges have not always had the desired

result. Judge Peter Grosscup of the Seventh Circuit announced in  that he

wanted to leave the bench to become more active in politics. But the newspaper story about Grosscup’s intentions also revealed that Grosscup had been

shadowed for the previous two years by a private detective for a muckraking

magazine. Former U.S. Solicitor General Charles Aldrich announced that he

had supplied information for the investigation, and he charged that Grosscup

was resigning because of what the magazine had uncovered. Grosscup responded by declaring that he would withdraw his resignation if formal

charges were made against him. The magazine’s publisher backed down, asserting that he wished to do nothing that might stand in the way of Judge

Grosscup’s resignation. As the Seventh Circuit’s historian puts it: “The judge

resigned October , , with the allegations of malfeasance never having

been formally made or proven—yet not disproven.”108 It may be that

Grosscup’s initial decision to resign was motivated by the magazine’s informal investigation, but his threat to revoke his resignation suggests that formal

charges might have caused him to stand his ground and fight.

It is clear that many resignations have followed from the use or threats of

the use of formal investigatory and prosecutorial mechanisms. What is no less

clear, but far less quantifiable, is that resignations and retirements of unfit

judges have been accomplished through less formal—and less public—per-

. Clark Mollenhoff & Greg Rushford, Judges Who Should Not Judge, reprinted from

Reader’s Dig., Feb. , in Hearings on Judicial Tenure and Discipline –, Before the

House Subcomm. on Courts, Civil Liberties, and the Admin. of Justice, th Cong., d Sess., Serial No.  ().

. Fish, supra note , at .

. Solomon, supra note , at .
Why Judges Resign 

suasion. Neither public pressure nor behind-the-scenes urgings have been

uniformly effective, but it is clear that the existence of the big stick of impeachment allows the occasional effective use of soft speech in “suggesting”

modification of judicial behavior or resignation or retirement from office.

Prosecutions Outside the Impeachment Process

One concern that has been expressed about various proposals to reform

or streamline judicial discipline has been that judges should be fully accountable for their actions and subject to the full range of prosecution, both local

and federal, for all transgressions of the law. Although the constitutionality of

prosecuting judges prior to impeachment and conviction is an unresolved

and pressing issue, there are strong arguments that the framers of the Constitution never intended that impeachment must invariably precede other legal

actions against federal judges. The bribery section of the Crimes Act of

109 is the most often cited example of contemporary eighteenth-century

understanding; perhaps a more immediately compelling example is the case

of Supreme Court Justice James Wilson.

Justice Wilson’s tribulations, widely known to his contemporaries, support the contention that the founding generation did not contemplate federal

judges being above the law, and they were able, likewise, to tolerate imprisonment, albeit of a “private” nature, without immediately resorting to impeachment to remove a judge from the bench. Appointed by George Washington to the first Supreme Court in , James Wilson had already had an

outstanding career in the law and in nation building. But in addition to his

more admirable activities, Wilson had also engaged in various speculative

financial schemes, which began to catch up with him in the closing years of

the eighteenth century. In , Harrison Gray Otis wrote to his wife that

Justice Wilson “left this city [Philadelphia] a few days since to escape from

his creditors but managed with so little address that he has got himself arrested at New Castle in Delaware where he will probably be imprisoned.”110

Wilson was indeed imprisoned; after his release, he rode the Southern circuit

in an attempt to flee further from his creditors.

There may have been some initial question about whether process could

be served on the justice while he was actually sitting: South Carolina Congressman John Rutledge, Jr. (son of Associate Justice Rutledge), wrote to his

uncle Edward Rutledge that “heretofore it has been supposed by his

[Wilson’s] Creditors that he was not tangible during the sitting of the Court,

but this doctrine is over-ruled, & he has not been able to make his appearance at the Court held this month.”111 Wilson’s judicial activities were further

disrupted when Pierce Butler, another one of his creditors, caught up with

him on the Southern circuit and had him imprisoned in Edenton, North

. Act of Apr. , , § ,  Stat. .

. Harrison Gray Otis to Sally Otis, Feb. , , in Marcus & Perry, supra note , at

.

. Id. (John Rutledge, Jr., to Edward Rutledge, Feb. , ).
 Why Judges Resign

Carolina, for two months in the spring of .

112 This state of affairs

probably would not have been suffered to continue, however, had Wilson’s

death in August of  not intervened. Former Congressman Samuel

Johnston wrote to his brother-in-law, Justice James Iredell, intimating a

prosecution was in store if Wilson could not bring himself to resign, opining

that, “surely, if his feelings are not rendered altogether callous, by his

misfortunes, he will not suffer himself to be disgraced by a conviction on an

impeachment.”113 With the exception of the brief reticence of Wilson’s

creditors to serve process while he was sitting—which appears to have been

more out of deference to the Court than a sense of Wilson’s individual judicial immunity—there is no evidence of objection to his imprisonment as an

unconstitutional removal.

Department of Justice Prosecutions

Although not dispositive of constitutionality, historical precedent also

indicates an acceptance of pre-impeachment prosecutions. This presumption

has not invariably been true, and statements by attorneys general and their

staff indicate that the Department of Justice did not settle into an assumption of the propriety of unilateral prosecutions until sometime after the

s, and perhaps not until the s. Between the  case of Judge Francis Baker and the  case of Otto Kerner, all Department of Justice prosecutions proceeded against judges who had resigned prior to prosecution.

In , under Attorney General William H. Moody (who would join the

Supreme Court the following year), the Justice Department took the position

that no sitting judge could be indicted without first being removed from

office by impeachment. In that year, complaints surfaced that Seventh Circuit Judge Francis Baker had coerced postal employees into contributing to

the Indiana State Republican party in . A postal employee in Goshen,

Indiana, filed charges with the U.S. Civil Service Commission airing the allegations; in response, as Rayman Solomon describes:

The commission investigated the matter and issued findings in October, . Their report detailed a story, corroborated by several

witnesses, in which employees were told by the assistant postmaster

to pay a visit to Judge Francis Baker. The judge explained to the

employees that it was in the workers’ best interests to ensure that

Republicans were kept in office, as Democrats would probably fire

them. The judge then told the employees that he gave liberally to

the party (about  percent of his salary) and that they should do the

same. One worker said he could not afford that amount, and the

. There may be some question about whether Wilson was physically restrained in

Edenton or was kept there under threat of imprisonment. See  The Documentary History of

the Supreme Court of the United States, –, at – n.,  n. (Marcus ed.,

).

. Id. at  (Samuel Johnston to James Iredell, July , ).
Why Judges Resign 

judge is reported as replying, “You can afford to do without a suit

of clothes and make the payment.”114

Although the commission recommended turning the matter over to the Department of Justice, Justice determined that both legal and political barriers

stood in the way of indicting Judge Baker. The first contention was that preimpeachment prosecution was impermissible, and the second was that even if

indictment without impeachment was possible, the statute of limitations appeared to have run. Impeachment was considered improbable since Congress

was unlikely to either impeach or convict on the charges alone. So Baker

continued in office, and the matter was so thoroughly forgotten that Baker

was among three finalists for a Supreme Court seat in .

115

When another Seventh Circuit judge, Otto Kerner, Jr., was indicted for

offenses committed while he was governor of Illinois, including bribery, mail

fraud, and tax evasion, his counsel argued that indictment was tantamount to

removal and thus unconstitutional because it was outside the sole constitutionally prescribed means to remove a federal judge.116 The Seventh Circuit

did not agree, noting that “protection of tenure is not a license to commit

crime or a forgiveness of crimes committed before taking office.”117 The

Court not only found no support for Kerner’s position but also opined that

judicial independence “is better served when criminal charges against its

members are tried in a court rather than in Congress. With a court trial, a

judge is assured of the protections given to all those charged with criminal

conduct.”118 Judge Kerner resigned after his appeals were denied, so the

ancillary question of what to do about criminally convicted and imprisoned

judges who do not resign was left to be answered following the judicial prosecutions of the s and early s.

Local Prosecutions

Toward the end of the nineteenth century, another Supreme Court justice briefly found himself on the wrong end of the law, although unlike the

source of James Wilson’s travails, this time it was the criminal law.119 Justice

Stephen Field had become involved, while on circuit in California, in

deciding a messy case of alleged marriage, divorce, fraud, and forgery, in

which two of the principals were volatile, vindictive sorts who had threatened

violence against Field on several occasions. The special deputy hired to protect Field against these threats ended up shooting and killing one of these

people, former California Supreme Court Justice David S. Terry, when Terry

. Solomon, supra note , at –.

. Solomon notes that “an investigation of the Justice Department appointment files of

Judge Baker in the National Archives revealed no mention of the  scandal during the selection process.” Id. at  n..

. Brief for Appellant Otto Kerner, Jr., at –, United States v. Isaacs,  F.d 

(th Cir. ) (No. -).

. United States v. Isaacs,  F.d ,  (th Cir. ).

. Id. at .

. The following account is taken from Swisher, supra note , at –.
 Why Judges Resign

attacked Field. Field was subsequently arrested for murder, although through

quick work in filing a petition for habeas corpus, he was not actually taken to

jail. After a preliminary hearing, Field was released on his own recognizance,

with a $, bond. Before any jurisdictional or constitutional matters could

be raised, California’s governor intervened, urging that the proceedings be

dismissed, and they were. Another of the judges involved noted that

[w]e are extremely gratified to find that, through the [action of the]

chief magistrate, and the Attorney-General, a higher officer of the

law, we shall be spared the necessity of further inquiry as to the extent of the remedy afforded the distinguished petitioner, by the

Constitution and laws of the United States, or of enforcing such

remedies as exist, and that the stigma cast upon the state of California by this hasty and, to call it by no harsher term, ill-advised arrest, will not be intensified by further prosecution.120

Thus, the question remains whether a federal judge could be tried, convicted,

and imprisoned—possibly for life—without first being impeached, convicted, and removed by Congress.

In , local Illinois prosecutors succeeded in what was probably the

first indictment of a sitting federal judge.121 Judge Peter Grosscup of the

Seventh Circuit was also president and principal owner of the Mattoon City

Railway, which had been involved in a serious accident in which fifteen people were killed and many others injured. This event, in conjunction with two

other accidents involving serious injuries in recent months, caused community outrage of enough magnitude to encourage a prosecutor to seek indictments of the owners on charges of criminal negligence. Grosscup, along with

five other directors, finally began trial in February of . The judge

quashed the indictments after three days of argument on the grounds that

there could be no criminal liability unless the directors were actually present

and in control of the train. No one addressed the question of whether Grosscup, as a sitting federal judge, must be impeached before being indicted.122

. Id. at .

. This statement is reserved to Article III judges; as noted above (see supra note ),

territorial judges may well have received different treatment.

. Solomon, supra note , at –.


. Retirement and Disability

The reasons most often given by judges for leaving the bench have been those

relating to age and health or to other employment. It has been said that the

majority of the problems with federal judges that have surfaced over the years

can be attributed to the aging process and its attendant infirmities. Congress

has acted incrementally over the years to deal with these problems by giving

aging judges incentives to retire. The following discussion is intended to

provide a statutory and historical context for the choices that judges have

made about retirement, as well as for the means taken to deal with judicial

infirmity.

Retirement

For the first eight decades of the federal judiciary, Congress made no

provision for the retirement of Article III judges. As a consequence, an aged

judge was forced to choose between resigning from the bench and losing his

salary and continuing in office despite possible incapacity in order to retain

financial support. During that eighty-year period, only twenty judges left

office for reasons of age or health. By way of comparison, sixteen Article III

judges were investigated by Congress during that same period; five of those

judges resigned or were removed. Within the first thirty years after Congress

provided for retirement, the number of retirements equaled the number of

age and health resignations for the previous eighty years.

Lacking any provision for retirement, many judges stayed on past the

point when they were capable of serving adequately. For instance, Justice

Henry Baldwin, appointed to the Supreme Court by Andrew Jackson in

, died in office in  at the age of . But one account states that

“[t]owards the close of his life his intellect became deranged and he was violent and ungovernable in his conduct on the bench.”123 Of Associate Justice

John McKinley, Attorney General John J. Crittenden commented that “for

many of the last years of his life he was enfeebled and afflicted by disease, and

his active usefulness interrupted and impaired.”124

Between  and , members of Congress proposed four constitutional amendments that would have established mandatory retirement ages

. John S. Goff, Old Age and the Supreme Court, in Selected Readings: Judicial Discipline and Removal  (Glenn R. Winters ed., ), quoting  Hampton L. Carson, The History of the Supreme Court of the United States  ().

. Goff, supra note , at .
 Why Judges Resign

for federal judges.125 Senator Pope of Kentucky proposed the first of these in

 in connection with a proposal for the removal of judges. He suggested

that judges not be permitted to remain in office after reaching age . Similar

proposals reached the floor in  and . In , Representative Ashley

bemoaned the state of the Supreme Court with “one-third of its members

sleeping upon the bench and dying with age, and one-third or more crazed

with the glitter of the presidency.”126 He proposed dealing with part of the

problem by constitutionally limiting judicial terms to twenty years and

mandating retirement at age .

127

Although it failed to approve Ashley’s retirement amendment of the same

year, in  Congress for the first time passed retirement legislation allowing

a judge who had reached the age of  and who had served at least ten years

to retire on an annual pension equal to the salary he was receiving at the time

he retired.128 This law was the first glimmer of official recognition that the

constitutional language defining judicial tenure as “during good behavior”

need not always mean “for life,” and that there were good reasons to allow

elderly judges to retire without consigning them to destitution.129

The probable first instance of a requested retirement under the new act

was that of Justice Robert C. Grier. He was elderly and had been ailing for

some time. He sent in his resignation in December of 130 after a committee of justices visited him to request that he step down. Many years later,

the aged Justice Stephen Field was reminded of his participation in seeking

Grier’s resignation when confronted with a similar deputation, prompting

him to exclaim, “[A] dirtier day’s work I never did in my life!”131

Lower court judges as well as Supreme Court justices immediately availed

themselves of the new retirement provisions. Between  and , an average of just under one judge per year retired under the new provision. Then,

in , Congress made it possible for judges to retire from active duty with-

. This end was sought by other means in eighteen amendments proposed between

 and  that would have limited judicial terms in office, with the limits ranging from

four to twenty years. See Ames, supra note , at – ().

. Id. at  n..

. Id. at .

. Act of Apr. , ,  Stat. , §  states:

That any judge of any court of the United States, who, having attained to

the age of seventy years, resign his office, shall thereafter, during the

residue of his natural life, receive the same salary which was by law payable

to him at the time of his resignation.

. The discussion of retirement and disability legislation has benefited greatly from the

following sources: Robert Keeton, The Office of Senior Judge, in  Federal Court Study

Committee, Working Papers and Subcommittee Reports  (); Judicial Independence:

Discipline and Conduct, Hearings before the Subcomm. on Courts, Intellectual Property, and the

Administration of Justice of the House Comm. on the Judiciary, st Cong., st Sess. –

() (testimony of U.S. Circuit Judge Frank M. Coffin, Apr. , ) [hereinafter Hearings]; and research done by University of Pennsylvania Law School student Eric Laumann in

Aug.  for Professor Steven Burbank.

. To take effect the following February.

. Goff, supra note , at –, .
Why Judges Resign 

out resigning the office.132 This provision allowed judges who were past the

age of  to continue to serve according to their desire and ability while allowing the President to appoint an additional judge to carry a full caseload.

Since , Congress has fine-tuned judicial retirement provisions on a number of occasions. In , Supreme Court justices were given the same choice

between retiring and resigning that other life-tenure judges had been given in

.

133 In , Congress modified the salary provisions, so that judges resigning at age  after ten years of service would receive the salary they were

receiving when they resigned, but judges choosing to retire from regular active service would receive the salary of the office—that is, they would be eligible for all pay raises.134 In , Congress extended the “senior status”

option (retirement from regular active service on the salary of the office) to

judges who had reached the age of  and served at least fifteen years. Judges

who wished to resign on salary still had to be  and have served for at least

ten years.135 In , Congress changed the name of judges retiring from

regular active service from “retired” judges to “senior” judges.136

Between  and , approximately  judges retired or took senior

status.137 From  to , at least  judges retired from regular active

. Act of Feb. , ,  Stat. , § :

. . . But, instead of resigning, any judge other than a justice of the

Supreme Court, who is qualified to resign under the foregoing provisions,

may retire, upon the salary of which he is then in receipt, from regular active service on the bench, and the President shall thereupon be authorized

to appoint a successor; but a judge so retiring may nevertheless be called

upon by the senior circuit judge of that circuit and be by him authorized

to perform such judicial duties in such circuit as such retired judge may be

willing to undertake, or he may be called upon by the Chief Justice and be

by him authorized to perform such judicial duties in any other circuit as

such retired judge may be willing to undertake, or he may be called upon

either by the presiding judge or senior judge of any other such court and

be by him authorized to perform such judicial duties in such court as such

retired judge may be willing to undertake.

. Act of Mar. , ,  Stat. .

. Act of June , ,  Stat. .

. Act of Feb. , ,  Stat. .

. Judicial retirement provisions have been modified several times since , the original cut-off date for this study. Since , for instance, the modified “rule of ” was

adopted, allowing judges to take senior status on a sliding scale of age and service, starting at

age  with fifteen years of service, and moving up to age  with ten years of service, always

providing that the sum of age and years of service equals eighty. Additionally, the late s

saw the introduction of a service certification process for judges to remain in senior status.

. There are currently no accurate figures on the total number of judges who have

taken senior status since its inception in  or on the number who retired from the office

under what is now section (a). See supra note . In a report to Congress in , the

AOUSC listed only one judge as receiving a pension under section (a). Hearings Before the

Subcomm. on Courts, Civil Liberties, and the Administration of Justice of the House Comm. on

the Judiciary, th Cong., d Sess. app. A () (statement of Joseph F. Spaniol, Jr., May ,

). According to a list created by the General Counsel’s Office of the AOUSC, updated as
 Why Judges Resign

service (i.e., took “senior status”), and an additional fourteen “retired from

the office.” Of the  judges who chose to reduce their workload once they

became eligible to do so, % resigned completely. From  to the end of

, ninety-nine judges took senior status, and fourteen more chose to resign completely, which represents an apparent doubling of the rate of

“retirements from the office” to %.138 Of the fourteen judges who retired

from the office from  to , we have information on the subsequent

activities of nine. Seven have returned to private practice, and two have taken

full-time teaching positions.139 The average age at termination of those retiring from the office in the s is ; the average age at termination of the

seven who are known to have gone into private practice is . These seven

judges served on the federal bench for an average of eighteen years each.

Because the  numbers represent only three years of the decade, and

because we do not yet have historical data for comparison, these numbers

should be interpreted with caution. But there is a perception within the judiciary that there is a rising number of judges who may be treating the judiciary, in the words of Chief Justice Rehnquist, as “a stepping stone to a lucrative private practice.” Judge Abner Mikva (now chief judge of the U.S.

Court of Appeals for the District of Columbia Circuit) noted that “[t]his is

supposed to be the last stop on the road. A judge shouldn’t be thinking about

going back to work for a law firm that’s coming before him. That’s unhealthy.”140 What these numbers suggest, then, is that further study should

be done of both senior judges and judges who have retired from the office in

the twentieth century.141

Disability

Retirement provisions did not solve all the problems of incapacity on the

bench. Section  of the short-lived Judiciary Act of  had provided for

disability of district judges by directing that the newly created circuit courts

would have the power to appoint a circuit judge from the court to take over

of the end of , an additional judge retired from the office effective fifteen days before the

above hearings.

. These numbers were taken from a list of judicial resignations and retirements provided by the General Counsel’s Office of the AOUSC, in conjunction with a list of senior

status judges provided by the Human Resources Division of the AOUSC and a list generated

by the FJHO. Because of the way statistics and information have been collected and organized in the past, these numbers should be treated as illustrative, rather than definitive.

. The law firm of Covington & Burling in Washington, D.C., did a LEXIS/NEXIS

search for the names of the section (a) judges for a month on either side of their retirement date.

. Wash. Post, Jan. , .

. There currently exist a few studies, including Wilfred Feinburg, Senior Judges: A National Resource,  Brook. L. Rev.  (); Robert Keeton, supra note , at ; and

Hearings, supra note , at –. In , Charles Fairman did a study on judicial retirements that treated only the Supreme Court: Charles Fairman, The Retirement of Federal

Judges,  Harv. L. Rev.  ().
Why Judges Resign 

the duties of a disabled district judge within the circuit for as long as the disability might continue.142 District Judge John Pickering of New Hampshire

was relieved under Section  of the  Act; repeal of the Act put him back

on the bench and resulted in the first impeachment and conviction of a

federal judge. Pickering’s “high crimes and misdemeanors” were alcoholism

and insanity.143

In  Congress addressed the issue of district judge disability again.

Although a proposed amendment to the Constitution that would have forbidden judges to serve after reaching age  failed to pass, Congress did pass a

disability statute requiring the Supreme Court justice assigned to the circuit

in which there was a disabled district judge to issue certiorari to the clerk of

the district court to certify all pending matters to the next circuit court.144

What this procedure did, of course, was simply to shift the burden of holding

the district court to the justice sitting as a circuit judge “during the continuance of such disability.” No provision was made for the retirement of a permanently disabled judge, or for the appointment of a replacement.

Not until  did Congress provide for the assignment, by a circuit

judge or by the Chief Justice, of a district judge from another district to carry

out the duties of a disabled district judge.145 The illness of Samuel Rossiter

Betts of the Southern District of New York had apparently prompted the introduction of special legislation, which was later converted into general legislation.146 In , Congress extended the coverage of the disability statute to

include temporary assignment of judges to hold circuit courts as well.147

Although provisions now existed for maintaining judicial efficiency by

temporarily assigning able judges to stand in for disabled judges, it was still

not possible for a disabled judge who did not meet the age and service requirements to retire from active service and receive his salary. As a result,

Congress found itself passing special legislation on several occasions after

 until it enacted general legislation in .

In  Congress passed special legislation extending the benefits of the

 retirement act to the district judge of Vermont who had suffered a

stroke.148 Wilson McCandless of the Western District of Pennsylvania, who

had served for twenty years, was not yet  when he became physically

incapacitated for service. Congress responded to his incapacity by passing

legislation in  allowing him to retire under the provisions of the 

Act, provided that he resign within six months of the passage of the special

act.149 Similarly, in , Congress made the same provision for Supreme

.  Stat. ,  ().

. One also might include “Federalism” among his crimes. See Richard Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic – ().

. Act of Mar. , , Chap. ,  Stat. .

. Act of July , , Chap. ,  Stat. .

. See Cong. Globe, st Cong., st Sess.  () (remarks of Mr. Thompson).

. Act of Mar. , , Chap. ,  Stat. .

. Act of Feb. , ,  Stat. .

. Act of June , ,  Stat. .
 Why Judges Resign

Court Justice Ward Hunt. Hunt had been on the Court for only six years

when, on January , , he was “struck speechless with paralysis.” It took

three years of an understaffed Court before Congress acted in January of 

to allow Hunt to retire under the provisions of the  Act, notwithstanding

the fact that he fell short of the ten-year-service requirement.150

In , Congress responded to the petition of twenty-eight members of

the Galveston bar and provided a pension for Texas District Court Judge

Watrous, a judge who had served for twenty-four years, survived four impeachment attempts, and was one year short of retirement age.151 In , and

again in , Congress took the time to pass special retirement legislation for

the benefit of Associate Justices William Moody and Mahlon Pitney.152 Still,

it was not until  that Congress made any general provision for voluntary

disability retirement.153 In that year Congress passed an act allowing

permanently disabled judges, regardless of age, who had served for less than

ten years to retire on half pay; those who had served for ten years or more

were permitted to retire on the salary they were receiving at the time of their

retirement.

In  Congress dealt with the problem of the superannuated judge who

refused to resign or retire in spite of disability. In the retirement act of that

year, Congress authorized the President, “if he finds any such judge [i.e., an

active judge at least  years old with ten or more years of service] is unable

to discharge efficiently all the duties of his office by reason of mental or physical disability of permanent character,” to appoint an additional judge. The

disabled judge would then be considered junior to all other judges in the district or circuit.154 In  Congress authorized the circuit judicial councils to

certify a judge as disabled by a majority vote of the members of the judge’s

judicial council. Such certification was then to be passed on to the President

for the purposes of appointing another judge if the President agreed it was

necessary.155

The statutes that have provided for judicial disability retirements over the

years have allowed a certain amount of flexibility in dealing with judges unable to dispatch business in a reasonably efficient manner. But they have also

caused a certain amount of confusion. One of the uses of the 

“involuntary” disability statute, occurring in , illustrates the opacity of

congressional intent in this area.

. Act of Jan. , ,  Stat. ; Goff, supra note , at .

. Act of Apr. , ,  Stat. ; Hawkins, supra note , at – (). Watrous

was the subject of four impeachment investigations throughout the s and is commonly

thought to have resigned as a result. (See, e.g., Borkin, supra note .) He weathered all four,

however; his resignation in  followed a paralytic stroke suffered in early .

. Act of June , ,  Stat. (pt. )  (William Moody) and Act of Dec. , ,

 Stat.  (Mahlon Pitney).

. Act of Aug. , ,  Stat. . The disability provisions in the  Act only applied to judges eligible to retire upon meeting the age and service requirements of  + .

. Act of Feb. , ,  Stat. .

. Act of Sept. , ,  Stat. .
Why Judges Resign 

The lone district judge for the state of Kansas, -year-old Judge John

Pollock, under pressure of an overwhelming backlog and consequent unfavorable newspaper stories demanding his resignation, consulted the retirement act of  and decided that if he refused to retire but asked the President to appoint an extra judge in light of the infirmities of his age, he could

get some help with his docket without giving up his position. He wrote to his

senators and to President Coolidge expressing his wishes: “Not intending to

either retire or resign, I hereby respectfully request that you appoint an additional District Judge for the District of Kansas to assist me in accordance

with [the involuntary disability provision].”156 President Coolidge replied on

December  that “your retirement effective at once is approved.”157 An

“astonished” Judge Pollock immediately wired the President, exclaiming, “I

have not retired,” and reiterating that “all I have requested or consented to is

appointment of [an] additional judge for this district.”158

Judge Pollock’s action prompted an extraordinary flurry of correspondence as well as an eight-page memorandum of law from the Attorney General outlining the possible ramifications of Judge Pollock’s unprecedented request. The Attorney General ultimately concluded that it would be better for

the government in most cases to appoint extra judges under the involuntary

disability provision because, unlike the “retirement from regular active service” section, disabled judges could be required, rather than merely requested, to work. The President ultimately appointed another judge.

From Judge Pollock’s perspective, the result of invoking the disability

provision rather than retiring was mixed. He became junior to the new judge

just as he would have had he retired. But he believed that under the disability

section he would be protected from the effective removal that would occur if

no designation to sit were forthcoming for him. As noted some time later by

the circuit executive for the Seventh Circuit, “Senior district and circuit

judges sit by designation. Their judicial career can be ended by . . . revoking

or not issuing a designation.”159 It is not clear, however, that Judge Pollock

was correct in his assessment of the effect of involuntary disability.

Since , judges, the President, or circuit councils have invoked the involuntary disability provision eight other times.160 In at least four, and

probably six, of those cases, the involuntary disability provision was used so

that the judges involved, who did not meet the service requirements for fullpay retirement, would be entitled to continue receiving their salaries. In at

. John Pollock to Calvin Coolidge, Dec. , , files of the AOUSC (Human Resources Division).

. Calvin Coolidge to John Pollock, Dec. , , files of the AOUSC (Human Resources Division).

. Telegram, John Pollock to Calvin Coolidge, Dec. , , files of the AOUSC

(Human Resources Division).

. Collins T. Fitzpatrick, Misconduct and Disability of Federal Judges: The Unreported

Informal Responses,  Judicature  n. ().

. This number may underreport the number of occurrences, but it is clear that the

section has not been invoked frequently.
 Why Judges Resign

least one additional case, Judge A. Lee Wyman of South Dakota, who

qualified for senior status and could continue to receive the salary of the

office, refused to do so, but late in , he requested that President Eisenhower appoint an additional judge because of his disability.161 The Committee on Retirement of Judges of the Judicial Conference of the United

States may have had Judge Wyman in mind when it noted that it had learned

that, in some instances, “judges contemplating retirement had hesitated to

accept it because the term to them carried a connotation of inability to carry

on judicial duties.”162 The committee therefore proposed that section (b)

of Title  “be amended so as to designate a judge taking advantage of the

retirement provisions as ‘senior judge’ instead of his being called a ‘retired

judge’ as at present.” Congress did not follow through on the Judicial Conference recommendation until , five years after the “involuntary” disability of Judge Wyman.

. Dwight D. Eisenhower, “Memorandum,” Dec. , , files of the AOUSC

(Human Resources Division).

. Annual Report of the Proceedings of the Judicial Conference of the United States

– ().


. Conclusion and Recommendations

An observer of the Supreme Court once noted that “the old men of the court

seldom died and never retired.”163 We know, however, that lower court

judges as well as Supreme Court justices have retired, and that they have resigned as well. Judges have left office over the years, some in disgrace, many

to pursue private-sector employment, some to seek other avenues of public

service. What is perhaps most remarkable, however, is that there have been so

few resignations. This low turnover may be interpreted in a number of ways,

not all of them positive. Before retirement legislation was passed beginning in

the s, it is clear that many judges were staying on the bench beyond the

point at which they could function effectively. And clearly some unfit judges

have stayed on the bench because no one could figure out how to get them

off. Still, the low turnover rate of federal judges does suggest a relatively high

rate of job satisfaction, from the point of view of both the judges and those

who are empowered to remove them.

Although this study shows that the known cases of judicial misconduct

have often come to light in groups and do not tend to occur at regular rates,

it cannot answer the question of whether judicial misconduct is in fact on the

rise. What it does show, however, is that the means for dealing with such

misconduct has changed. Although a busy Congress quite reasonably presumed that efficiency would be served by entrusting “judicial discipline” involving criminal behavior to the Department of Justice, in every recent case

the outcome has undercut that supposition. Criminal convictions in the

s and early s have not taken the impeachment burden off Congress.

In fact, had Congress investigated and threatened to impeach Judges Claiborne, Hastings, Nixon, Aguilar, and Collins, it is quite possible that at least

some of them would have resigned.

Without offering any conclusions about the motivations of past investigations and coercion of judges to resign, it is clear that these means have often proven very effective (although not uniformly so) in getting judges off the

bench. On the other hand, the recent Department of Justice prosecutions of

judges have not had the same effect. One can certainly argue that the honorable thing for the recently prosecuted judges to do would have been to resign

once they were indicted (as Martin Manton did in ) or, at the very least,

when they were setting off to jail (as Otto Kerner did in ). But it is not

hard to see that if resignation were not offered by the Justice Department in

cooperation with Congress as a form of “plea-bargaining” option, once convicted, there would be no particular incentive for a judge to resign, and per-

. Goff, supra note , at , quoting  Henry Pringle, Life and Times of William

Howard Taft  ().
 Why Judges Resign

haps a strong incentive not to resign.164 For instance, after his criminal

conviction, Harry Claiborne clearly saw the impeachment process as a second

chance to vindicate himself.165 Additionally, if a convicted judge runs the risk

of disbarment, and thus cannot return to the lucrative practice of law to earn

a living, that judge would have a clear incentive to hold on to the salary and

benefits of judicial office as long as possible. And finally, a judge who has

gone through a criminal trial, been convicted, and sent to prison is not likely

to view impeachment with quite the same fear of public humiliation or as

having quite the same level of threat to reputation as would a judge who has

not had (and wishes to be spared) those experiences.

The policy question is whether the goal of prosecution and conviction is

paramount, or whether removal of bad judges from the bench (with the risk

that they might not ultimately be prosecuted) is the overriding goal. If removal is the goal, then the evidence suggests that the big stick of impeachment, prior to prosecution, effectively goads judges to voluntarily resign. It

seems intuitively likely that impeachment is less of a threat when one has already been prosecuted than it would be in the absence of prosecution.

Recommendations

The two recommendations offered encourage further empirical historical

study, so that the information will be available to those who may be called on

in the future to recommend policy in these areas. If anything can be learned

form the history of judicial discipline and removal, it is that the issues addressed by this Commission will be visited again. Given that the research

proposed is of a sort that cannot be accomplished precipitously, the Commission would do a great service in encouraging such research, so that the

information will be available to inform future reform efforts.

Recommendation 

It is recommended that the Commission solicit a study comparable

to this one of the tenure of all federal judges who did not leave

office, particularly to include a study of the demographics of those

members of the federal judiciary who have taken some form of retirement.

This recommendation for further historical research stems from a recognition

that many of the conclusions that might be drawn from this study must remain tentative, awaiting compilation of comparative data about judges who

did not resign, as well as about the nature of the judicial tenure of senior

judges. For instance, it might be useful to know whether there is any difference in the average age of appointment between judges who resigned to take

other employment and those who stayed on the bench until death or retire-

. On the lack of congressional involvement, see Grimes, supra note .

. “Judge Claiborne . . . has refused to resign because he said he wants to present his

defense in an impeachment trial in the Senate.” N.Y. Times, Aug. , .
Why Judges Resign 

ment. It could be instructive to know whether the percentage of judges taking senior status or retiring at earlier ages has increased. Is there a trend toward more judges leaving the bench for private practice between the ages of

 and , or has departure for this reason always occurred in relatively stable

numbers?

Recommendation 

It is recommended that the Commission request that Congress encourage research that would determine whether informal actions

short of formal investigations and impeachment proceedings have

been taken by members of Congress, particularly chairs of judiciary

committees and subcommittees, to promote judicial integrity, and

whether there has been any change in the existence, nature, or extent of those actions over time. Such research should include comprehensive searches through relevant congressional manuscript collections for information on complaints about judges (prior to the

complaint files now kept by the House Judiciary Committee) and

relationships between Congress, the Executive, and the judiciary.

Although historical studies have been made of congressional handling of

judicial investigations and impeachments, these studies have concentrated

primarily on the impeachment side of the ledger, rather than on the initiating

or investigatory side.166 The statistics on the declining numbers of formal,

reported House investigations over the years suggest that the kind of information provided by this study of federal judges can show only part of the picture. The other side must focus on the specifics of how judicial behavior has

historically been brought to the attention of Congress; do formal investigations tell the whole story, or, as with internal judicial discipline, has much of

the effective action been taken informally? Given the trough in formal congressional investigations over the latter half of the twentieth century, has

there been significant activity behind the scenes, or is the appearance the reality?

Just as knowledge about the informal disciplinary mechanisms of the judiciary is important to enlightened reform efforts in judicial discipline, so,

too, it seems, would be the knowledge about whether informal mechanisms

within Congress have existed, whether they have fallen into disuse, and

whether they might or ought to be encouraged as an additional means of

promoting a judiciary of high integrity, fostering high public trust.

To assess whether the recent spate of judicial prosecutions suggests

changes in judicial behavior and the nature of the judiciary, or changes in the

behavior of the House Judiciary Committee or its chair, or, most likely, a

combination of the two, detailed information about members of Congress

and relations with the Executive and the judiciary of the sort already gathered

for judges will be necessary.

. See Grimes, supra note .



Charts and Graphs

The Growth of the Federal Judiciary

1789–1989

0

100

200

300

400

500

600

700

800

Decade ending: 1799 1859 1909 1949 1989

Circuit judges

Supreme Court justices

Total number, Article III judges

Federal Judicial History Office, Federal Judicial Center

District court judges

Figure 


0%

5%

10%

15%

20%

25%

30%

35%

1790s 1800s 1810s 1820s 1830s 1840s 1850s 1860s 1870s 1880s 1890s 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s

Percentage of Judges Resigning for Reasons Other than Age or Health

(by decade)

Federal Judicial History Office, Federal Judicial Center

Figure 


0

20

40

60

80

1 00

 

 

101 

37 37

21 20

16 15 13 13

7

1 1

6

2

 

Age/Health

Returned to private practice

Appointment to Other Office

Inadequate Salary

Allegations of Misbehavior

Dissatisfaction

Loyalty to the Confederacy

Elected Office-Elected

Other Employment

Impeached and Convicted

Elected Office-Defeated

Impeached

Relinquished Court to Brother

Military Service

Reasons for Resignation by U.S. Judges, 1789–1992

Federal Judicial History Office, Federal Judicial Center

Figure 
Appendix: Judges identified as having resigned

Adams, George

Aug. , –Aug. , 

Reason for termination: Dissatisfaction with Office

“the resignation in September , of Judge George Adams, of

Mississippi, a Jackson appointee tired of the extensive travel

imposed by district court service.”

Court: D. Miss.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: Democrat

Source: Hall, Kermit L. The Politics of Justice: Lower Federal Judicial

Selection and the Second Party System, –. . p. .

Adkins, Jesse Corcoran

April , –March , 

Reason for termination: Disability

Suffered a heart attack shortly before leaving the bench. [] “W.

Bissell Thomas, local attorney, sought his impeachment in

, along with Justice Letts, in connection with their

handling of Wardman Park receivership. Got nowhere.” []

Court: D.D.C.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Herbert Hoover

Political party: Republican

Source: [] Paull, Joseph. “A New Shingle: Do Not Disturb.”

Washington Post,  Oct. . [] Washington Herald,  July .

Alvey, Richard Henry

March , –Sept. , 

Reason for termination: Retired

“Here, until his retirement from failing health in , he was

responsible for laying down the rules of practise [sic] of the new

tribunal and he made it answer to expectations.”

Court: D.C. Cir.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Republican

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

Angell, Alexis Caswell

April , –Dec. , 

Reason for termination: Returned to Private Practice

Court: E.D. Mich.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: [not available]

Source: Phillips, Harry, and Samuel S. Wilson. History of the Sixth

Circuit: A Bicentennial Project. . pp. –.


 Why Judges Resign

Archbald, Robert W.

Sept. , –Aug. , 

Reason for termination: Impeachment and Conviction

“Archbald was impeached on July ,  on charges of having

used his judicial office and influence for his personal financial

gain both in relation to litigants in his courts and others. He

was also charged with corrupt conduct, in that he permitted a

lawyer to introduce vital evidence in a case informally and after

the trial had been completed, in which he later handed down

an opinion with a judgment on the side of the favored lawyer.”

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William McKinley

Political party: Republican

Source: Borkin, Joseph. The Corrupt Judge: An Inquiry into Bribery

and Other High Crimes and Misdemeanors in the Federal Courts.

. pp. –. See also ten Broek, Jacobus. “Partisan Politics and

Federal Judgeship Impeachment Since .” Minnesota Law Review

 ():n.

Atkinson, George Wesley

June , –April , 

Reason for termination: Retired

“Judge Atkinson served on the court for almost  years, until

his resignation on April , . . . . Judge Atkinson returned

to his beloved West Virginia where he was immediately chosen

president of the State bar association.”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Bard, Guy Kurtz

Oct. , –Nov. , 

Reason for termination: Sought Elected Office - Defeated

Resigned from the federal bench in  to make an

unsuccessful campaign for U.S. Senate against Sen. Edward

Martin.

Court: E.D. Pa.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Pennsylvania Bar Association. Members of the Bar, Jan. ,

–Dec. , . p. . See also Presser, Stephen B. Studies in the

History of the United States Courts of the Third Circuit, –:

A Bicentennial Project. . p. .

Batts, Robert L.

Nov. , –May , 

Reason for termination: Other Employment

Nature of other employment: General Counsel, Gulf Oil

Corporation

“In August of that year Judge Batts became the first judge to

resign from the Fifth Circuit Court; he did so to accept the

position of General Counsel for Gulf Oil Corporation, an

office he held for four years; he relinquished it because it

necessitated living in Pittsburgh and he wanted to return to

Texas. He resumed private practice in Austin, and served for a

time as chairman of the Board of Regents of the University of

Texas.”

Court: th Cir.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Couch, Harvey C. A History of the Fifth Circuit, –.

n.d. p. .
Why Judges Resign 

Bauman, Arnold

July , –

Reason for termination: Inadequate Salary

Nature of other employment: Shearman & Sterling, New York

“said yesterday that he would resign from his lifetime

appointment on August  because he could no longer live on

his , a year salary. Judge Bauman would say only that he

was returning to private practice but sources in the legal

community said he would join a large corporate law firm.” []

“Needless to say, when I accepted this high office it was my

intention to serve for the rest of my life. Almost exactly

coincidentally, there started an unforeseen, precipitous

inflation, which in the last two years has resulted in a

substantial reduction in my real income and has constrained

me to conclude that I can no longer continue. . . . I have never

known a group so dedicated, so able and so unswerving in the

pursuit of excellence as my colleagues on the federal bench. . . .

My one hope is that my action may have some effect in

alleviating their increasingly difficult condition.” []

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] “Judge to Resign; Cites Low Salary.” New York Times, 

June . [] “Letter of Resignation,” from Arnold Bauman to the

President of the United States,  July .

Bell, Griffin Boyette

Oct. , –

Reason for termination: Returned to Private Practice

Nature of other employment: King & Spalding, Atlanta,

Georgia

A few months after resigning to practice law with King &

Spalding in Atlanta, Judge Bell was appointed to the Office of

Attorney General by President Jimmy Carter. [] “I have stated

publicly several times and also to the Senate that the judicial

salary was not the prime reason for my leaving the Court. The

work had become dreary, given the heavy load of criminal and

habeas corpus matters in the Fifth Circuit, and I decided to do

something else in the remaining years of my career.” []

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: John F. Kennedy

Political party: Democrat

Source: [] Couch, Harvey C. A History of the Fifth Circuit, –.

n.d. p. . [] “Griffin B. Bell to Judge Irving R. Kaufman,”  July

, appended to memo from Joseph Spaniol, Jr., to Alfred Zuck, 

Nov. , in Administrative Office Files.

Benedict, Charles Linnaeus

March , –Jan. , 

Reason for termination: Retired

“It was failing health that led him to retire from the bench in

February .”

Court: E.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: “Judge C. L. Benedict Dead. Had Suffered for a Long Time

from Heart Disease.” New York Times,  Jan. .

Betts, Samuel Rossiter

June , –Nov. , 

Reason for termination: Age/Health

When Congress was considering a bill to provide for the

holding of the District Courts in case of sickness or other

disability of the District Judge, Mr. Thompson of Pennsylvania

said “this bill was peculiarly applicable at this time to the

southern district of New York. The United States judge of that

district was in very bad health and not able to hold his court.”

[] [Betts apparently recovered, for he did not resign for

another  years.] “[F]or nearly forty-five years [he was] the

judge of the United States district court in the district. He died

on Monday evening at New Haven, whither he had removed

after his resignation of his seat upon the bench.” []

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Quincy Adams

Political party: Democrat

Source: [] Congressional Globe. st Cong., st Sess., . p. . []

 Fed. Cas.  ().

Biddle, Francis

May , –Oct. , 

Reason for termination: Appointment to Other Office

Nature of other employment: United States Solicitor General

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source:  Legal Intelligencer  ( Aug. ).
 Why Judges Resign

Biggs, Asa

Feb. , –March , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate Judge for North

Carolina

“Asa Biggs resigned as Federal judge in April  and in June

was appointed Confederate judge for all the North Carolina

divisions.”

Court: D.N.C.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: Beers, Henry Putnam. The Confederacy: A Guide to the

Archives of the Government of the Confederate States of America.

. p. .

Blair, John

Jan. , –Aug. , 

Reason for termination: Age/Health

Blair did not attend all sessions, due to his wife’s health and the

relative inactivity of the Court. He resigned in January ,

four years after his wife’s death. [] “A strange disorder of my

head, which has lately compel’d me to neglect my official

duties, & in one instance, where that was not strictly the case,

has been the cause of their being attended to in a way by no

means satisfactory to myself, has for some time past made me

contemplate the resignation of my office, as an event highly

probable.” “I knew the advantage of my situation, I had a just

sense of the high obligation confer’d upon me thro your

goodness, & perhaps I should say, too partial opinion of my

merit; & I confess, it was with reluctance that I thought of

quiting [sic] such a station, flattering my self that by some

happy turn I might be restored to a capacity of performing it’s

[sic] duties. These, however, at all events, were not to be

neglected; and in respect to them I thought my self limited to

some short time of probation. The appointed term has now run

out, without producing the effect of which I had a first but

faint hope . . . ” []

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] John Blair to George

Washington,  Oct. , in The Documentary History of the

Supreme Court of the United States, –. Volume , Part ,

Appointments and Proceedings. Maeva Marcus and James R. Perry,

eds. . p. .

Bland, Theodric

Dec. , –Nov. , 

Reason for termination: Other Employment

Nature of other employment: Chancellor of Maryland

Resigned to become Chancellor of Maryland, the highestpaying judicial post in that state. [] Appointed chancellor of

Maryland on the th of August, .[]

Court: D. Md.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: [not available]

Source: [] Lewis, H. H. Walker, and James F. Schneider. A Bicentennial History of the U.S. District Court for the District of Maryland,

–. n.d. [] Sams, Conway W., and Elihu S. Riley. The Bench

and Bar of Maryland. Vol. . . p. .

Bledsoe, Benjamin Franklin

Feb. , –Oct. , 

Reason for termination: Sought Elected Office - Defeated

Resignation due to Judge Bledsoe’s candidacy for mayor of Los

Angles, California.

Court: S.D. Cal.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: “District Judge Out for L.A. Mayoralty.” San Francisco

Chronicle,  Feb. .
Why Judges Resign 

Blodgett, Henry

July , –Feb. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Counsel for the United States in

the Bering Sea Arbitration

“Judge Blodgett resigned after President [Benjamin] Harrison

appointed him one of the United States counselors to Paris for

the Bering Strait arbitration.” “The bar also respected Blodgett

for his honesty and integrity. That respect, however, was put to

the test in , when some members of the Chicago Bar

Association charged him with official misconduct. He was

accused of taking loans from court-appointed referees in

bankruptcy who made the loans from their official funds. They

alleged that he showed ‘gross favoritism toward his friends and

exert[ed] severe pressure against his foes.’ Among the most

conspicuously mentioned ‘friends’ were the railway

corporations with whom the judge had been associated. The

accusers persuaded the Chicago Congressman, Carter H.

Harrison, to introduce an impeachment resolution. The House

Judiciary Committee investigated the charges and issued a

report that found the allegations concerning the loans to be

correct but noted that the judge had promptly repaid them.

The report, although critical of the judge, recommended that

no further steps toward impeachment be taken.”

Court: N.D. Ill.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: Solomon, Rayman L. History of the Seventh Circuit, –

. . pp. –.

Bodine, Joseph Lamb

Nov. , –June , 

Reason for termination: Appointment to Other Office

Nature of other employment: Justice, New Jersey Supreme

Court

Court: D.N.J.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Presser, Stephen B. Studies in the History of the United States

Courts of the Third Circuit, –: A Bicentennial Project. .

Bonner, Robert C.

Jan. , –

Reason for termination: Appointment to Other Office

Nature of other employment: Administrator of the Drug

Enforcement Agency of the Department of Justice

Court: C.D. Cal.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: George Bush

Political party: Republican

Source: Robert C. Bonner to George Bush,  July , Files of the

Administrative Office of the United States Courts (Human Resources

Division).

Bork, Robert H.

March , –

Reason for termination: Dissatisfaction with Office

Nature of other employment: American Enterprise Institute

“The crux of the matter is that I wish to speak, write, and teach

about law and other issues of public policy more extensively

and more freely than is possible in my present position. As a

sitting judge on a very busy court, I cannot devote the time and

energy I wish to public discourse. Moreover, constraints of

propriety and seemliness limit the topics a federal judge may

address and the public positions he may advocate. My

experience as your nominee for Associate Justice of the

Supreme Court of the United States made me acutely aware of

the restrictions on my ability to address issues. For several

months various highly vocal groups and individuals

systematically misrepresented not only my record and

philosophy of judging but, more importantly, the proper

function of judges on our constitutional democracy. This was a

public campaign of miseducation to which, as a sitting judge, I

felt I could not publicly respond. What should have been a

reasoned national debate about the role of the courts under the

Constitution became an essentially unanswered campaign of

misinformation and political slogans. If, as a judge, I cannot

speak out against this attempt to alter the traditional nature of

our courts, I think it important to place myself where I can.”

[] “Last month the judge was reported on the verge of

resigning from the bench to become a fellow at the American

Enterprise Institute, a conservative-oriented public policy

research organization

here.” []

Court: D.C. Cir.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: [] Robert Bork to Ronald Reagan,  Jan. , Files of the

Administrative Office of the United States Courts (Human Resources

Division). [] “Judge Bork is Stepping Down to Answer Critics And

Reflect.” New York Times,  Jan. .
 Why Judges Resign

Boudin, Michael

Nov. , –

Reason for termination: Dissatisfaction with Office

Nature of other employment: U.S. Circuit Judge for the U.S.

Court of Appeals for the First Circuit

On December , , Michael Boudin entered on duty as a

judge of the United States District Court for the District of

Columbia, nominated by George Bush. On January , ,

Boudin resigned from that post. On May , , Boudin

entered on duty with the Court of Appeals for the First Circuit.

[] “A year of experience, however, has convinced me that

continued service as a trial judge in Washington, D.C. is not a

suitable course for me. My wife and children reside

permanently in Massachusetts, and the nature and time

constraints of District Court work make that separation

unworkable for us. With regret, I have therefore determined to

resign.” []

Court: D.D.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: George Bush

Political party: Republican

Source: [] Michael Boudin to George Bush,  Jan. , Files of the

Administrative Office of the United States Courts (Human Resources

Division). [] Files of the Administrative Office of the United States

Courts (Human Resources Division).

Bourquin, George M.

June , –Nov. , 

Reason for termination: Sought Elected Office - Defeated

Retired in March of  and became a candidate for senator.

Was defeated by B. K. Wheeler. [] When announcing his

retirement he made no mention of any political plans, but said:

“I am persuaded that the very great debt I owe to the generous

and kindly people of Montana may be more nearly paid during

perhaps the next  years by service in due time at the bar or

other occupation of greater activity and freedom.” []

Court: D. Mont.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: [] “George M. Bourquin, , Former U.S. Judge Dies.” Great

Falls Tribune,  Nov. . [] “George M. Bourquin On Bench 

Years Will Retire May .” Butte Daily Post,  March .

Boyce, Henry

Jan. , –March , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Self-employed as a planter from

 until his death in Rapides Parish, Louisiana

“He continued to serve as federal district judge until the Court

was suspended during the Civil War.” [] “When Louisiana

seceded, two Federal judges resigned. Passing over the former

incumbents, President Davis appointed Edwin Warren Moise,

a former attorney general of Louisiana, as Confederate district

judge. Moise presided over the court . . . from May  to

March .” [] “Elected to the U.S. Senate from Louisiana in

1865; Senate refused to seat him.” []

Court: W.D. La.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Zachary Taylor

Political party: Whig

Source: [] Whittington, G. P. Rapides Parish, Louisiana: A History.

. p. . [] Beers, Henry Putnam. The Confederacy: A Guide to

the Archives of the Confederate States of America. . p. .

Boyle, Patricia J.

March , –

Reason for termination: Appointment to Other Office

Nature of other employment: Michigan State Supreme Court

“In a dramatic turnaround, Federal Judge Patricia Boyle

accepted a seat on the embattled Michigan Supreme Court

because of the ‘challenge’ it offers.” “Explaining her decision to

reconsider Gov. James J. Blanchard’s offer of a Supreme Court

seat, Mrs. Boyle, , said: ‘In (federal) District Court, you deal

with one case at a time, but on the Michigan Supreme Court

you’re part of a group shaping laws for the entire state.’”

Court: E.D. Mich.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: “Boyle Reconsiders, Will Join Top Court.” New York Times,

 March .
Why Judges Resign 

Boynton, Thomas Jefferson

Aug. , –May , 

Reason for termination: Age/Health

“his health not improving, he resigned his position and

returned north where he soon died.”

Court: S.D. Fla.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: Browne, Jefferson B. Key West, The Old and the New. .

p. .

Bradford, Edward Green, II

March , –March , 

Reason for termination: Retired

“He retired in , and had been in poor health ever since.”

Court: D. Del.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William McKinley

Political party: Republican

Source: “E.G. Bradford, Jurist, Dies at .” New York Times, 

March .

Brawley, William Hiram

May , –Nov. , 

Reason for termination: Retired

“After Judge Brawley retired from the bench he spent the

remaining years of his life with us in Charleston in the quiet

ease and dignity of a gentleman of South Carolina who had

performed the duties of his life with success and benefit to

himself, his family, his state and country.” “He did not wish to

go to the bench, much preferring politics. He was known and

liked in Congress and in Washington on all sides, and

genuinely liked the work. However, after full consideration of

the circumstances he accepted from President Cleveland the

office.” “Judge Brawley was a Cleveland Democrat at a time

when many of his Democratic . . . colleagues were imbued with

the free silver tenets of the hour, and his speech in Congress on

that question was so admired by President Cleveland that at the

first opportunity he was appointed United States District

Judge.”

Court: D.S.C.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: “Tribute is Paid to Judge Brawley.” News and Courier, 

Nov. .

Brockenbrough, John White

Dec. , –Feb. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate Judge for the

Western District of Virginia

“former judge of the U.S. District Court of the Western

District of Virginia, was commissioned as Confederate judge of

the same district on May , .”

Court: W.D. Va.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Knox Polk

Political party: Democrat

Source: Beers, Henry Putnam. The Confederacy: A Guide to the

Archives of the Government of the Confederate States of America.

. p. .
 Why Judges Resign

Brown, Henry Billings

March , –Sept. , 

Reason for termination: Retired

Justice Brown was severely handicapped by impaired vision.

Court: Supreme Court

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Bryan, George Seabrook

May , –Sept. , 

Reason for termination: Retired

“There are now nine Federal judges living, who have retired

and are receiving their salary . . . [including George] Bryan . . .”

Court: D.S.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Johnson

Political party: [not available]

Source: Dickerman, Albert. “The Business of the Federal Courts and

the Salaries of the Judges.”  American Law Review ,  ().

Buffington, Joseph

Sept. , –Oct. , 

Reason for termination: Allegations of Misbehavior

Retired from rd Circuit at the age of . “Buffington will

retire from the rd Circuit on May th after the longest service

of any federal jurist in the nation’s history. Now  he had

hoped to serve a half-century on the bench - his retirement will

bring him to  years.” [] “the decision by Buffington was

‘unfortunate and perhaps dishonest. We are not naive enough

to believe it was a defect in the law. We think it was a defect

laid in the judge that tried the case.’” [] “Whatever one may

say or think about Judge Buffington’s prior career, by the year

 he appeared to his colleagues on the bench, to the bar

generally, and to all who sat in his court, helpless and senile.

Already in his eightieth year, he was almost totally deaf, a

condition which embarrassed him. Worse than that, for all

practical purposes he was blind.” [] “But decisions over his

signature flowed copiously between  to . One would

have to be blind himself not to see that a malign influence

existed on the bench of the Third Circuit. Judge Davis was

writing and selling the decisions Judge Buffington was

signing.” []

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: []  Legal Intelligencer  ( April ). [] Borkin,

Joseph. The Corrupt Judge: An Inquiry into Bribery and Other High

Crimes and Misdemeanors in the Federal Courts. . pp. –. []

Id. p. , quoting Congressman Francis E. Walter of PA.

Bullock, Jonathan Russell

Sept. , –May , 

Reason for termination: Age/Health

“In September, , in consequence of failing health, he

resigned this office.”

Court: D.R.I.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: Wilson, General James Grant, and John Fiske, eds. Cyclopedia

of American Biography, Vol. . . p. .
Why Judges Resign 

Bunn, Romanzo

Sept. , –Jan. , 

Reason for termination: Retired

Court: W.D. Wis.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: Report of the Proceedings of the Meetings of the State Bar

Association of Wisconsin for the Years --. . p. .

Burrows, Warren Booth

Sept. , –Dec. , 

Reason for termination: Elected Office

Nature of other employment: Connecticut State Senate

Court: D. Conn.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Busteed, Richard

Feb. , –Sept. , 

Reason for termination: Allegations of Misbehavior

“The majority of the House Judiciary Committee

recommended the impeachment of Judge Busteed, principally

for non-residence. The House discontinued impeachment

proceedings when Judge Busteed resigned.”

Court: M.D. Ala.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Unionist

Source:  Hinds’ Precedents § . . See also Borkin, Joseph. The

Corrupt Judge: An Inquiry into Bribery and Other High Crimes and

Misdemeanors in the Federal Courts. . pp. –.

Butler, William

Dec. , –Nov. , 

Reason for termination: Retired

“Ten years later he was re-elected [Judge of the Chester County

(Pa.) courts] and sat until , when he was appointed judge

of the United States District Court in Philadelphia. In the

latter position he served for a period of twenty years, retiring

with many honors.”

Court: E.D. Pa.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: [not available]

Source: “Judge Butler Dead After Short Illness.” Philadelphia Inquirer,

 Nov. . See also Presser, Stephen B. Studies in the History of the

United States Courts of the Third Circuit, –: A Bicentennial

Project. . p. .

Byrnes, James Francis

May , –April , 

Reason for termination: Appointment to Other Office

Nature of other employment: Director, Office of Economic

Stabilization

Byrnes was restless on the Court due to the World War, saying

“I don’t think I can stand the abstractions of jurisprudence at a

time like this.” He resigned to take a more active part in the

administration’s war effort. After leaving the bench, Byrnes

served as Director of the Office of Economic Stabilization from

 to  and as Director of the Office of War Mobilization

the following two years. He was Secretary of State during the

Truman administration, and later practiced law in South

Carolina and Washington, D.C. with the firm of Hogan &

Hartson. He served as the Governor of South Carolina from

–.

Court: Supreme Court

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .
 Why Judges Resign

Caldwell, Henry Clay

Sept. , –Feb. , 

Reason for termination: Retired

“Henry Clay Caldwell . . . who had been retired for many years

died yesterday at his home in Los Angeles.” Judge Caldwell was

. . . a Circuit Judge of the Eighth Judicial District from which

he resigned in .”

Court: th Cir.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: “Ex-Judge Henry Clay Caldwell.” New York Times,  Feb.

.

Campbell, John Archibald

June , –March , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Assistant Secretary of War,

Confederate States of America

Justice Campbell resigned his Court position and returned to

the South, settling in New Orleans, LA. He joined the

Confederate government as Assistant Secretary of War, and was

in charge of administering the conscription law, in which

position he remained until the fall of the Confederacy in .

After the fall of the Confederacy, Campbell built up a

prosperous and prestigious law practice.

Court: Supreme Court

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Campbell, Ralph

May , –Jan. , 

Reason for termination: Other Employment

Nature of other employment: Cosden & Company

“when Mr. Frantz became head of the land department of

Cosden & Co., he suggested his friend Judge Campbell be

appointed head of the legal department. After much

persuasion, Judge Campbell decided to accept the offer of

Cosden & Co., and he had been in charge of that work since

September , .”

Court: E.D. Okla.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: “An Accidental Shot Kills Judge R. E. Campbell.” Tulsa Daily

World,  Jan. .

Carpenter, George Albert

Oct. , –Sept. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Tenney, Sherman, Rogers &

Guthrie

“Since his resignation from the bench, Judge Carpenter had

been with the law firm of Tenney, Sherman, Rogers &

Guthrie, with offices at  South La Salle Street.” [] “Prodded

by the Chief Justice, the senior circuit judges [in ]

discussed the quantity and quality of judicial output in the trial

courts. ‘Does Judge [George A.] Carpenter do his end of the

work?’ queried Taft [in ] who, as President, had appointed

Carpenter to the federal bench. When the senior circuit judge

indicated a negative answer the Chief Justice complained that

Carpenter had reportedly adjourned a trial while he went on a

shooting trip down in New Orleans.” [] “Likewise, District

Judge George A. Carpenter’s failure to clear his docket or

resign provoked the Chief Justice to threaten an ultimatum to

him for ‘his refusal to do any team work or to be interested in

his work.’” [] [] [Note that Carpenter did not leave until

he became eligible for retirement at age , some five years after

these complaints.]

Court: N.D. Ill.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: [] “George A .Carpenter, A Chicago Jurist, .” New York

Times,  Sept. . [] Fish, Peter Graham. The Politics of Federal

Judicial Administration. . pp. , .
Why Judges Resign 

Carswell, George H.

Dec. , –

Reason for termination: Sought Elected Office - Defeated

“Meanwhile, after only six months on the Court of Appeals,

Judge Carswell was nominated by President Nixon for the

Supreme Court. It appeared briefly the appointment would

proceed smoothly, and then it suddenly ran into a storm of

criticism. It began with the unearthing of a segregationist

speech Carswell had made in  in an unsuccessful race for

Congress. There was some willingness to discount this as mere

political rhetoric, but then it was discovered that in  he had

been part of the transformation of a public golf course into a

private facility. As indicated earlier, this was not an uncommon

practice in the South after desegregation of a public facility was

ordered. Then ensued criticism of Carswell’s performance as a

judge, in civil rights cases in particular, but also generally.

Moreover, it was known that the Fifth Circuit judges did not

unanimously support the nomination. All of these factors

contributed to the defeat of Carswell’s nomination in the

Senate by a vote of –. Soon after, on April , ,

Carswell resigned from the Court to seek the Republican

nomination for the United States Senate, but was soundly

defeated in the primary. Carswell had served on the Court of

Appeals for less than a year, the briefest term of any judge.” []

“Although originally upon his denial of confirmation Judge

Carswell had announced he would remain on the Fifth Circuit,

two months thereafter he abruptly resigned to seek the

Republican nomination for the United States Senate in the

Florida Republican primary. Defeated in his political bid, G.

Harold Carswell again became a federal judicial officer,

assuming a post as a Referee in Bankruptcy in Tallahassee,

Florida. In  Judge Carswell’s name again surfaced in the

national press; it was reported that he was arrested on a morals

charge involving an off-duty police officer.” []

Court: th Cir.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] Couch, Harvey C. A History of the Fifth Circuit, –.

p. . [] Read, Frank T., and Lucy S. McGough. Let Them Be

Judged: The Judicial Integration of the Deep South. . p. .

Casey, Joseph

Dec. , –Feb. , 

Reason for termination: Age/Health

“Judge Casey served a total of nine and one-half years on the

court, including over seven years as Chief Justice. In failing

health, he resigned the bench on December ,  . . .”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Whig

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Chipman, Nathaniel

Nov. , –Feb. , 

Reason for termination: Returned to Private Practice

“According to Chipman, there ‘was very little business in the

district court’ or circuit court and scholars concur.” [] “In 

he resigned and took up his private

practise [sic] . . . ” []

Court: D. Vt.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Hand, Samuel B., and J. Potash. Nathaniel Chipman:

Vermont’s Forgotten Founder, in Sherman, Michael, ed. A More

Perfect Union: Vermont Becomes a State, –. . p.  and

n. at page . [] Malone, Dumas, ed. Dictionary of American

Biography. . p. .
 Why Judges Resign

Claiborne, Harry

Jan. , –

Reason for termination: Impeachment and Conviction

“The judge’s troubles appear to have been with Joe Conforte,

who with his wife, Sally, owned the Mustang Ranch, a brothel

 miles from Reno. Just before Mr. Conforte fled to Brazil in

December , to avoid serving a Federal prison term for

failure to collect withholding taxes from the brothel’s

maintenance employees, according to court testimony, Mr.

Conforte telephoned a Department of Justice prosecutor in Las

Vegas. He said he could provide evidence that would convict

Judge Claiborne, the trial record shows. The price would be

reducing the Conforte tax bill and jail term. . . . Mr. Conforte

served about a year under his plea bargain. His testimony

before a grand jury contributed to Judge Claiborne’s

indictment on December , . He testified in Judge

Claiborne’s first trial that he bribed the judge to quash

subpoenas of some Mustang Ranch prostitutes, and to

influence Federal appeals court judges in the Conforte tax

case.” [] “Judge Claiborne, who was appointed to the District

Court in Nevada in , was convicted in  of failing to

pay taxes on more than , of income in  and

. . . . He refused to resign his seat on the Federal bench

and vowed to return to his Nevada courtroom after completing

his prison term. In so doing, he forced Congress to impeach

him.” []

Court: D. Nev.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: [not available]

Source: [] “Impeachment May Focus on Intrigue.” New York Times,

 Aug. . [] “What Claiborne Did.” Editorial, New York Times,

 Oct. .

Clark, William

Feb. , –Oct. , 

Reason for termination: Military Service

Nature of other employment: Lt. Colonel, U.S. Army

Clark was inducted into the U.S. Army in March of  as a

Lt. Colonel. Senior Judge John Biggs, Jr. administered Clark’s

oath and afterwards, Lt. Col. Clark said that President

[Franklin D.] Roosevelt had “refused to accept his resignation

[from the bench] and insisted that he take a leave of absence.”

Clark joined the army anyway. [] After his return from WWII

he tried to regain his post, saying that the GI Bill protected his

job on the bench. U.S. Court of Claims ruled unanimously

against him. Clark was appointed Chief Justice of the Court of

Appeals in Germany in , and was dismissed in  after a

long feud with U.S. High Commissioner Conant. The

controversy involved the question of court jurisdiction. Clark

was ordered home, but refused and staged a sit down strike in

his Frankfurt chambers. He finally returned home and was

informed that his appointment would not be renewed. []

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Republican

Source: []  Legal Intelligencer  ( March ). []  Legal

Intelligencer  ( Oct. ).

Clarke, John Hessin

Sept. , –March , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: League of Nations’ Non-Partisan

Association of the United States

Justice Clarke resigned from the Court “to promote American

participation in the League of Nations, informing the President

[Harding] that he would ‘die happier working for world peace

rather than devoting his time to determining whether a

drunken Indian had been deprived of his land before he died or

whether the digging of a ditch was unconstitutional or not.’”

From – Clarke presided over the League of Nations’

Non-Partisan Association of the United States.

Court: Supreme Court

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .
Why Judges Resign 

Colt, LeBaron Bradford

June , –Aug. , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

Court: st Cir.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Chester A. Arthur

Political party: Republican

Source: Biographical Directory of the U.S. Congress, –.

Bicentennial Edition. . p. .

Combs, Bertram Thomas

Aug. , –Dec. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Wyarr, Tarrant & Combs

Court: th Cir.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: Phillips, Harry, and Samuel S. Wilson. History of the Sixth

Circuit: A Bicentennial Project. . pp. –.

Comiskey, James August

Oct. , –

Reason for termination: Other Employment

Nature of other employment: President, Bank of Louisiana

Court: E.D. La.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Conkling, Alfred

Oct. , –Feb. , 

Reason for termination: Appointment to Other Office

“In  upon the accession of the Whigs to power, he was

appointed Minister to Mexico by President Fillmore.”

Court: N.D.N.Y.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Quincy Adams

Political party: National Republican

Source: “Judge Alfred Conkling.” New York Times,  Feb. .

Covington, James Harry

May , –Feb. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Covington, Burling, Rublee,

Acheson & Shorb

Founded the law firm of Covington & Burling; was also

appointed to the Railroad Wage Commission.

Court: D.D.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: [not available]

Source: “J. Harry Covington Dies at ; Former Justice, Representative.” Washington Post,  Feb. .

Cowan, Finis E.

Oct. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Baker & Botts

Court: S.D. Tex.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Marquis Who’s Who in America –. th Edition.

Vol. . .
 Why Judges Resign

Cox, Walter Smith

Oct. , –Jan. , 

Reason for termination: Retired

“He was appointed on the District Supreme bench in  and

retired therefrom in .”

Court: D.D.C.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: “Guiteau’s Judge Passes Away.” New York Times,  June

.

Coxe, Alfred Conkling, Sr.

May , –April , 

Reason for termination: Retired

“Alfred C. Coxe . . . also retired at the age of  - that was in

 - after serving on the Federal bench in the Northern

district of New York for thirty-five years.”

Court: d Cir.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: “U.S. Judge Cox [Alfred Conkling Coxe, Jr.] Retires Here at

: Third of Family Since  on Federal Bench, He has served

Southern District  Years.” New York Times,  June .

Crowley, John Powers

Oct. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Cotsirilos, Stephenson, Tighe &

Streicker

“Judge John Powers Crowley, one of our talented federal

judges, has resigned at age . The resignation of this able jurist

so early in his career is a loss that will be felt for many years to

come.” “While Judge Crowley did not single out finances as

the motivation behind his resignation we may take notice of

the fact that the oldest of his three children has reached college

age and one cannot educate children at private institutions on a

judge’s salary.”

Court: N.D. Ill.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Gerald Ford

Political party: Democrat

Source: “The Resignation of Judge John Crowley.” Editorial, Chicago

Tribune,  May .

Curtis, Benjamin Robbins

Nov. , –Sept. , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: Private Practice

“Dissension and suspicion over rendering and releasing the

Dred Scott opinions provided the catalyst for Curtis to resign

from the Supreme Court on September , , at the age of

forty-seven. Yet Richard Leach finds that Curtis would have

resigned on any account in a matter of time because of the

conflict between the demands and requirements of the office

and the inclination and temperament of the man. To begin

with, Curtis did not enjoy being away from his family, whether

serving on circuit duty in New England or sitting on the bench

in Washington. Not only did he dislike the travel, but circuit

duty became burdensome. In addition, Curtis was accustomed

to an excellent income from his lucrative law practice, and

found that his salary on the Court was wholly inadequate,

which indeed it was. A third matter was abolitionist attack,

which had soured Curtis and spoiled his job. Moreover, Curtis

who believed in the elitist duty of the educated to lead the

people, became upset when the people talked back. Finally, he

correctly recognized, following the Dred Scott fiasco, that his

lack of confidence in his colleagues was reciprocated and that

such mistrust would gravely limit both his enjoyment and

effectiveness as a member of the Court team. In retrospect, his

personal reasons seem compelling; the miracle is that he served

so long and so well.” [] “On September st, , Associate

Justice Benjamin Robbins Curtis, of Boston, tendered his

resignation as such Justice to the President, and it was accepted.

In letters to his friends he stated that his main reason for doing

so, was that the salary was so small, - it was then ,, - he

could not support his family in Washington, without

expending, in addition to this salary, his entire private income,

and that he did not deem it his duty to do so. After his

resignation he entered at once upon the practice of his

profession and was so engaged until his death.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Millard Fillmore

Political party: Whig

Source: [] Friedman, Leon, and Fred L. Israel, eds. The Justices of the

Supreme Court, –: Their Lives and Major Opinions. Vol II.

. pp. –. [] Dickerman, Albert. “The Business of the Federal

Courts and the Salaries of the Judges.”  American Law Review 

(Jan.–Feb. ). p. .
Why Judges Resign 

Dallas, George Mifflin

Feb. , –Jan. , 

Reason for termination: Retired

Court: d Cir.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: [not available]

Source:  Legal Intelligencer  ( March ).

Davies, William

July , –April , 

Reason for termination: Elected Office

Nature of other employment: Georgia State Senate

Court: D. Ga.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: Democratic-Republican

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Davis, David

March , –June , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

“Tired of his career on the Supreme Court, Davis accepted his

election in  by the Illinois legislature to the U.S. Senate

and resigned from the Court.”

Court: Supreme Court

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Davis, John A.

Jan. , –Jan. , 

Reason for termination: Age/Health

“In July , Judge Davis, though his intellectual vigor was

still unabated, resigned the judicial office which he had so long

and so honorably held.”

Court: D. Mass.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Adams

Political party: Federalist

Source: Collections of the Massachusetts Historical Society. Vol. X of

the Third Series. . p. .

Davis, John Chandler Bancroft

Dec. , –Dec. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Assistant Secretary of State

“On December , , Bancroft Davis was commissioned an

associate judge of the Court of Claims by President Rutherford

B. Hayes and was seated on January , . On December ,

, he resigned at the request of President Chester A. Arthur

to become Assistant Secretary of State for the third time, this

time on special assignment. The judgeship was held open for

him, and he was reappointed to it the following year, serving

until November , .” “Judge Davis again resigned his

judgeship on November , , to accept an appointment as

the Reporter of Decisions for the United States Supreme Court

where he served with distinction for  years, until October

, editing the United States Reports, volumes –.”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: Levin, A. Leo. The United States Court of Claims, A History,

Part I, The Judges, –. . pp. –.
 Why Judges Resign

Davis, John Chandler Bancroft

Dec. , –Dec. , 

Reason for termination: Other Employment

Nature of other employment: Reporter of Decisions, U.S.

Supreme Court

See prior entry on Judge Davis.

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Chester A. Arthur

Political party: Republican

Source: Levin, A. Leo. The United States Court of Claims, A History,

Part I, The Judges, –. . pp. –.

Dawson, Charles I.

Feb. , –April , 

Reason for termination: Returned to Private Practice

“Judge Charles L. Dawson, whose recent adverse decisions on

important New Deal Legislation attracted national attention,

late today announced his resignation from the United States

Court, Western District of Kentucky.” “Judge Dawson is a

Republican and his resignation, mailed to President Roosevelt

today, effective June , or earlier if the place can be filled, may

mean that for the first time Kentucky will have two

Democratic Federal Judges.”

Court: W.D. Ky.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: “Dawson Quits the Bench.” New York Times,  June .

Day, William L.

Aug. , –July , 

Reason for termination: Inadequate Salary

Nature of other employment: Squire, Sanders & Dempsey,

Cleveland, Ohio

“He resigned in  because the salary, which was then

,, was not large enough to provide for his family.” []

Returned to private practice. []

Court: N.D. Ohio

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: [not available]

Source: [] “Bench, Bar Mourn William L. Day.” Cleveland Plain

Dealer,  July . [] Phillips, Harry, and Samuel S. Wilson.

History of the Sixth Circuit: A Bicentennial Project. . p. .

De Vries, Marion

Aug. , –Sept. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Established a law office in

Washington, D.C.

Court: Ct. Cust. App.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Democrat

Source: Rich, Giles S. A Brief History of the United States Court of

Customs and Patent Appeals. . pp. –.

Delahay, Mark W.

Jan. , –May , 

Reason for termination: Impeached - Not Convicted

“Apparently resigned after the House called for impeachment

in . (Congressional records incomplete.)” [] “The

investigating committee reported to the House of

Representatives that Delahay’s ‘personal habits unfitted him for

the judicial office . . . and that his sobriety would be the

exception and not the rule.’” [] “The House impeached him

on March ,  without a record vote and before articles of

impeachment had been drafted detailing his misconduct. Judge

Delahay resigned following his impeachment, and the House of

Representatives took no further action against him. Evidence

that his resignation had been accepted derives from the fact

that Ulysses S. Grant appointed another judge to his post on

March , . Thus, although Mark W. Delahay was

impeached, no documentary record in the form of

impeachment articles exists in his case. He is significant in

history as the only impeached officer against whom articles of

impeachment were not drafted, and the first such officer to

evade trial by resigning.” [] [The exact date of Judge Delahay’s

resignation is not known. It occurred sometime between March

,  - the day the House impeached him - and March ,

 - when President Grant appointed his successor.]

Court: D. Kan.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: [] Kansas Historical Collection, volume . [] Borkin, Joseph.

The Corrupt Judge: An Inquiry into Bribery and Other High Crimes

and Misdemeanors in the Federal Courts. . pp. –. []

Bushnell, Eleanore. Crimes, Follies and Misfortunes: The Federal

Impeachment Trials. . pp. –.
Why Judges Resign 

Denison, Arthur

Jan. , –May , 

Reason for termination: Returned to Private Practice

Nature of other employment: Baker, Hostetler & Patterson

Court: th Cir.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: [not available]

Source: Phillips, Harry, and Samuel S. Wilson. History of the Sixth

Circuit: A Bicentennial Project. p. .

Dick, John McClintock

June , –Oct. , 

Reason for termination: Elected Office

Nature of other employment: North Carolina State Senate

Court: D. La.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: Jeffersonian Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Dick, Robert Paine

Oct. , –Sept. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Private Practice

“President Andrew Johnson appointed officers for the United

States District Court, and in May, , appointed Robert

Paine Dick, of Guilford County, judge for the Albemarle,

Pamptico and Cape Fear District. But in  Congress had

prescribed an oath of office called the ‘ironclad oath,’ one of its

provisions being that the person had never given counsel or

encouragement to persons engaged in armed hostilities, and

that he had never yielded voluntary support to any pretended

government. Dick could not take that oath. After holding the

office only two months, he resigned. He went back to the

practice of law and practiced three years.”

Court: D.N.C.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench:  months

Age at death: 

Last Appointing President: Andrew Johnson

Political party: Republican

Source: Hewlett, Crockette W. The United States Judges of North

Carolina. . p. .

Dick, Robert Paine

Oct. , –Sept. , 

Reason for termination: Age/Health

Suffered from Bright’s Disease.

Court: W.D.N.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: Greensboro Patriot,  Sept. .
 Why Judges Resign

Dickerson, Mahlon

April , –Oct. , 

Reason for termination: Relinquished Court to His Brother

“Sat on bench until his brother Philemon Dickerson was

appointed to the New Jersey district court.” [] “Two of the

embattled Democratic congressmen-Philemon Dickerson and

Peter D. Vroom-applied for the district judgeship. Both were

early Jackson supporters and both were former governors. If

[President Martin] Van Buren appointed either of them, he ran

the risk of reducing the already slender Democratic House

majority; the Whigs’ recent successes suggested that they would

be likely to elect a successor. Moreover, Whigs were certain to

charge that in appointing either congressman, the president was

tacitly admitting the tenuous nature of Democratic claims to

the House seats. . . . The president formulated a compromise

intended to circumvent senate opposition, to assist his

reelection, to sustain the Democratic majority in the House,

and to place his first choice, Philemon Dickerson on the federal

bench. Van Buren, on July , , nominated Mahlon

Dickerson instead of his younger brother. Disappointed

Democratic aspirants for the judgeship demanded that

Dickerson decline to serve, but the former Secretary of the

Navy, although perplexed that the president had not consulted

him about the appointment faithfully cooperated. He denied

allegations that he was merely holding the judgeship for his

brother until after the  elections, but New Jersey Whigs

denounced the appointment as a ‘mere contrivance.’ With the

nomination coming only two days before adjournment, Whigs

in the upper house apparently did not have time to understand

the full meaning of the nomination, and the Senate quickly

confirmed Dickerson. If Van Buren’s former Secretary of the

Navy was not aware of the president’s intentions when

nominated, he surely was not innocent of subsequent events.

After Philemon Dickerson lost his bid for reelection, Mahlon,

in February, , resigned the judgeship. Van Buren

immediately nominated the younger Dickerson, whom the

Senate confirmed without opposition.” []

Court: D.N.J.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench:  

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Jeffersonian Democrat

Source: [] Presser, Stephen B. Studies in the History of the United

States Courts of the Third Circuit, –: A Bicentennial Project.

n.d. p. . [] Hall, Kermit. The Politics of Justice: Lower Federal

Judicial Selection and the Second Party System, –. . pp.

–.

Dillon, John Forrest

Dec. , –May , 

Reason for termination: Inadequate Salary

Nature of other employment: Professor, Columbia University

“Since provision was made for their appointment, two at least,

Judge Dillon and McCrary, of the Eighth Circuit, have

resigned on account of the salary being so small.” [] “After a

decade of distinguished service on the Federal bench, Mr.

Dillon tendered his resignation in the Fall of  in order that

he might accept a professorship at Columbia University.” []

Court: th Cir.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: [] Dickerman, Albert. “The Business of the Federal Courts,

and the Salaries of the Judges.”  American Law Review  (Jan.–Feb.

). p. . [] “Ex-Judge Dillon, Noted Lawyer, Dies.” New York

Times,  May .

Dodge, Frederic

April , –March , 

Reason for termination: Retired

“Frederic Dodge, retired Judge of the United States Circuit

Court, died at his home here early today following a sudden

illness.”

Court: st Cir.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: “Ex-Judge Frederic Dodge.” New York Times,  March .
Why Judges Resign 

Donworth, George

Nov. , –Sept. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Donworth & Todd

“He resigned this position in  to resume law practice, as a

member of the firm of Donworth and Donworth, which later

became Donworth, Donworth & Smith.” [] “was on the

bench until . In that year he joined with Elmer E. Todd in

the legal firm of Donworth & Todd. After the dissolution of

that firm Judge Donworth continued in law practice,

eventually joining with his son, Charles T. Donworth, in the

firm Donworth, Donworth & Smith.” []

Court: W.D. Wash.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: [] Eminent Judges and Lawyers of the Northwest, –.

p. . [] “Judge Geo. Donworth, Jurist and Seattle Civic Leader,

Dies.” Seattle Daily. n.d.

Drake, Charles Daniel

April , –April , 

Reason for termination: Retired

Nature of other employment: Private Practice

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Drummond, Thomas

Oct. , –May , 

Reason for termination: Retired

“Judge Drummond resigned from the bench in , having

passed the constitutional age, and President Arthur appointed

Judge Gresham his successor.”

Court: th Cir.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Whig

Source: “Judge Thomas Drummond.” New York Times,  May .

Duane, James

Feb. , –Feb. , 

Reason for termination: Age/Health

“which position he held till his permanent retirement from

public life on account of ill health in March .”

Court: D.N.Y.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

Duell, Charles Holland

April , –Jan. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Duell, Warfield & Duell

Court: D.C. Cir.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: “Ex-Justice Chas. H. Duell, Former Jurist of U.S. Court of

Appeals Dies in Yonkers at .” New York Times,  Jan. .

Duncan, Robert M.

Aug. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Jones, Day, Reavis & Pogue

In a letter to the President, dated April , , Judge Duncan

resigned “to return to the private practice of law.” Judge

Duncan stated in a letter to the Director of the Administrative

Office of the United States Courts, that “after an agonizing

appraisal of my future, I have decided that leaving my office is

best for my family and me.”

Court: S.D. Ohio

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: Robert M. Duncan to Ronald Reagan,  April , Files of the

Administrative Office of the United States Courts (Human Resources

Division).
 Why Judges Resign

Durrell, Edward Henry

July , –March , 

Reason for termination: Allegations of Misbehavior

“Resigned after House Judiciary Committee recommended

impeachment in  for bankruptcy irregularities.”

Court: E.D. La.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: Borkin, Joseph. The Corrupt Judge: An Inquiry Into Bribery

and Other High Crimes and Misdemeanors in the Federal Courts.

. pp. –.

Duvall, Gabriel

Dec. , –March , 

Reason for termination: Age/Health

“By the end of his tenure on the Court, Duvall was eighty-two

years old. His deafness and frequent absences had become an

embarrassment, and his resignation in  came as a great

relief.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Madison

Political party: Democratic-Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Dyer, Charles E.

Oct. , –Nov. , 

Reason for termination: Other Employment

Nature of other employment: Counsel, Northwestern Mutual

Life Insurance Company

“Early in  after thirteen years of service he resigned his

position and accepted the place of counsel of the Northwestern

Mutual Life Insurance Company of Milwaukee.” “Appointed

counsel and elected trustee on July , . Held both

positions by continued reelection until his death.” “Here, as in

former positions, he met his large responsibilities with

conscientious and thoughtful earnestness, giving the best of his

large mental endowment to each duty as it presented itself.”

Court: E.D. Wis.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: Report of the Proceedings of the Meeting of the State Bar

Association of Wisconsin. Held at Milwaukee, March  and , .

. p. .

Dyer, David Patterson

Feb. , –April , 

Reason for termination: Retired

“His actual services on the bench were terminated by his death

and not by his formal retirement in  [sic].” [] “Although

Judge Dyer retired formally from the bench late in  [sic], he

was subject to call and frequently during the interim presided

over court and enlivened such sessions with the vigorous

remarks that characterized his long term on the bench.” []

Court: E.D. Mo.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: [] “Death of Judge Dyer.” St. Louis Globe-Democrat. n.d. []

“Judge David P. Dyer Dies, Sat on Federal bench for  years.”

[Unidentified clipping] ,  April .
Why Judges Resign 

Ellis, Powhatan

Jan. , –March , 

Reason for termination: Appointment to Other Office

Nature of other employment: Chargé d’affaires in Mexico City

“He resigned [from the U.S. Senate] in  to become federal

judge of the Mississippi district, upon appointment of

President Jackson. Four years later the President requested him

to become United States chargé d’affaires in Mexico City.”

Court: D. Miss.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: Democrat

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

Ellsworth, Oliver

April , –Nov. , 

Reason for termination: Age/Health

“Ellsworth had been on the Court only three years when

President Adams sent him to France with two other envoys in

an effort to soften hostilities between France and the United

States. The mission, plagued by transportation difficulties and

only partially successful, took its toll on Ellsworth’s health.

Before returning home, Ellsworth notified Adams of his

resignation . . . ” [] Ellsworth notified Adams of his

resignation in a letter dated  October . The letter was

not received by Adams until  December . []

Court: Supreme Court

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Oliver Ellsworth to

John Adams,  Oct. , in The Documentary History of the

Supreme Court of the United States, –. Volume , Part ,

Appointments and Proceedings. Maeva Marcus and James R. Perry,

eds. . p. .

English, George W.

May , –?

Reason for termination: Impeached - Not Convicted

“The House of Representatives had voted articles of

impeachment against him on April , , following a year of

investigation of his conduct by a subcommittee of the House

Judiciary Committee. The subcommittee reported that Judge

English had () unlawfully disbarred two attorneys; () coerced

public officials, jurors, and reporters; () shown partiality in

making appointments in bankruptcy proceedings for his own

enrichment; () arranged for deposit of bankruptcy funds in

banks in which he held stock; () secured a position for his son

in a bank receiving deposits of bankruptcy funds under

English’s control and increasing those deposits from , to

, following his son’s employment; and () habitually

used profane and vulgar language.”

Court: E.D. Ill.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: [not available]

Last Appointing President: Woodrow Wilson

Political party: [not available]

Source: Bushnell, Eleanore. Crimes, Follies and Misfortunes: The

Federal Impeachment Trials. . pp. –. See also Borkin, Joseph.

The Corrupt Judge: An Inquiry Into Bribery and Other High Crimes

and Misdemeanors in the Federal Courts. . pp. –; Proceedings of Senate, Trial of Impeachment of George W. English. Senate

Documents, Vol. , No. , th Cong., d Sess., –.

Erskine, John

Sept. , –Jan. , 

Reason for termination: Retired

“Availing himself of the privilege allowed him by law of retiring

for life without loss of salary, he relinquished the bench in

December , and from thenceforth, lived as a private

citizen.”

Court: D. Ga.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Johnson

Political party: [not available]

Source: Memoirs of Georgia. . pp. –.
 Why Judges Resign

Ewing, Nathaniel

June , –March , 

Reason for termination: Other Employment

Nature of other employment: Chairman, Pennsylvania State

Railroad Commission

Court: W.D. Pa.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: [not available]

Source: Presser, Stephen B. Studies in the History of the United States

Courts of the Third Circuit, –: A Bicentennial Project. .

Field, Stephen Johnson

Nov. , –April , 

Reason for termination: Retired

“In the s Field’s mental powers were visibly declining, and

he was taking less and less part in Court proceedings. Finally,

the other justices strongly hinted that he retire.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Finkelnburg, Gustavus Adolphus

April , –May , 

Reason for termination: Age/Health

“He was appointed judge of the United States District Court

for the Eastern District of Missouri May , , from which

ill health compelled him to resign, April , .” [] “He

accepted the office contrary to the advice of his nearest friends,

who thought that his feeble health would not enable him to

stand its arduous duties, in which they were not mistaken.

After an occupancy of two years he found himself forced to

resign, and seek the reestablishment of his health in various

health resorts.” []

Court: E.D. Mo.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: [] Missouri Historical Review, July . pp. –. []

Proceedings of the th Annual Meeting of the Missouri Bar

Association. pp. –.

Fisher, George Purnell

Oct. , –Feb. , 

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Attorney for the District of

Columbia

Court: D.D.C.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Fogel, Herbert Allen

April , –

Reason for termination: Allegations of Misbehavior

Nature of other employment: Bartel & Fogel

“Judge Fogel, who was once said to have been the target of an

impeachment move, told President Carter in a letter yesterday

that he would resign from the bench, effective May . Judge

Fogel said in a press release that he would join a New York

City law firm to be known as Bartel & Fogel.” [] “He added

that he would become board chairman of the G & H Steel

Service Companies Inc. of Pennsylvania and New England.” []

“Federal District Judge Herbert Allen Fogel announced his

resignation from the bench on January , , after the

Justice Department threatened to prosecute him.” []

C: E.. P.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: [not available]

Source: [] “U.S. Judge in Philadelphia To Quit Bench on May .”

New York Times,  Jan. . [] Grimes, Warren S. “Hundred-TonGun Control: Preserving Impeachment as the Exclusive Removal

Mechanism for Federal Judges.”  UCLA Law Review  (). p.

 n.. See also “U.S. Reportedly Asks Resignation of Judge.” New

York Times,  Nov. .
Why Judges Resign 

Fortas, Abe

June , –April , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: Private Practice

Allegations regarding monies received from a local university

and from a charitable foundation. [] “It was unclear, however,

what the President [Nixon] and [John] Mitchell wanted. Did

they hope that Fortas would resign, or did they intend to have

him impeached? The answer became apparent on May  when

Patrick Buchanan, a White House staff member, informed the

President that the ‘cloud gathering over Justice Fortas makes it

a good probability that he will be forced to resign after a decent

interval.’ At a meeting with Mitchell and other key

Republicans that day, Nixon dissuaded members of Congress

from initiating proceedings to impeach Fortas. Impeachment

would take too long and would divide the country. Nor was it

necessary. Mitchell implied that the justice would resign.” []

“When Mitchell met with [Chief Justice Earl] Warren on May

 [] he brought the six documents he had acquired from

the Wolfson Family Foundation. For the first time, Warren

learned of the justice’s lifetime arrangement with Wolfson. But

the material the chief justice saw contained no evidence that

the justice had ever contacted a government official on

Wolfson’s behalf, and it showed that Fortas had returned the

first and only payment to the financier. The information

Mitchell revealed did not incriminate Fortas legally. Still, the

meeting between Mitchell and Warren hurt Fortas. ‘He can’t

stay,’ Warren remarked to his secretary at the time.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Kalman, Laura. Abe

Fortas: A Biography. . pp. , .

Foster, Cassius G.

June , –June , 

Reason for termination: Age/Health

“During the latter years of his life Judge Foster’s health was

much impaired and he was obliged to give up active work.”

Court: D. Kan.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: A Biographical History of the Eminent Men of Kansas. .

Frankel, Marvin E.

July , –

Reason for termination: Dissatisfaction with Office

Nature of other employment: Kramer, Levin, Nessen, Kamin

& Frankel

“Federal judgeships are lifetime appointments. But the job got

to be more like a lifetime sentence for Marvin E. Frankel, who

was bored stiff by it. So after  distinguished years in the

Southern District, he made his break from ‘repetitive tedium’

into private practice, where he can speak out freely on social

and political issues.” [] “I announced publicly when I resigned

that in my circumstances the salary was not a major

consideration, the most relevant circumstance in this respect

being my wife’s income as a practicing physician.” []

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] New York Times,  Nov. . [] “Marvin Frankel to

Judge Irving R. Kaufman,”  July , appended to memo from

Joseph F. Spaniol, Jr., to Alfred Zuck,  Nov. , in Administrative

Office Files.

Garvin, Edwin Lewis

Oct. , –Oct. , 

Reason for termination: Inadequate Salary

Nature of other employment: Lewis, Garvin & Kelsey

“In  he resigned to become a member of the law firm of

Lewis, Garvin & Kelsey.” [] “A United States Judge can not

provide for the future on the salary that is now given him,”

Judge Garvin said. “I came to this bench from what is

commonly referred to as an inferior court and yet it paid

substantially more than I have received as a United States

Judge. With the expenses entailed in the visits of other Judges,

the fair standard of living that must be maintained, and the

benefactions that a Judge is supposed to subscribe to, the salary

of a District Judge is impossible.” [] “Judge Garvin declared

yesterday that as a citizen and a lawyer he would now be glad to

join any movement to increase the pay of Federal Judges.” []

Court: E.D.N.Y.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: [] “Edwin L. Garvin, Ex-Justice, Dead.” New York Times, 

Oct. . [] “Judge Garvin Quits; , Pay Too Low.” New York

Times,  Oct. .
 Why Judges Resign

Getzendanner, Susan

July , –

Reason for termination: Returned to Private Practice

Nature of other employment: Skadden, Arps, Slate, Meagher &

Flom

“I herewith tender my resignation as United States District

Judge for the Northern District of Illinois effective September

, . I was appointed by President Jimmy Carter,

September , . I have very much enjoyed being a judge

and have benefited from the experience, but I have decided to

return to private practice.” “Both you and Justice Scalia have

recently given speeches predicting the resignation of good

federal judges. All of the reasons you identified have figured

into my decision to some extent. Principally, however, I have

missed the active litigation practice in which I was engaged

before becoming a judge and have decided to resign.”

Court: N.D. Ill.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Susan Getzendanner to Ronald Reagan,  Aug. , Files of

the Administrative Office of the United States Courts (Human

Resources Division).

Gholson, Samuel J.

May , –Oct. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Major General, Confederate

army

Court: D. Miss.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Glenn, Elias

Aug. , –Jan. , 

Reason for termination: Age/Health

Resigned at least partially due to poor health. [] “he resigned

in  on account of failing health and retired to his county

seat, Glenburnie.” []

Court: D. Md.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: [not available]

Source: [] Lewis, H. H. Walker, and James F. Schneider. A Bicentennial History of the U.S. District Court for the District of Maryland,

–. . [] Pearson, Jonathan. Contributions for the

Genealogies of the Descendants of the First Settlers of the Patent and

City of Schenectady, from  to . . See appendix.

Goff, Nathan

Feb. , –April , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

“[Judge Goff was] elected as a Republican to the United States

Senate for the term commencing March , , but did not

immediately take his seat, preferring to remain on the bench,

and served from April , , to March ,  . . . ”

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Biographical Directory of the U.S. Congress, –.

Bicentennial Edition. . p. .
Why Judges Resign 

Goldberg, Arthur J.

Aug. , –Jan. , 

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Ambassador to the United

Nations

President Johnson named Justice Goldberg U.S. Ambassador to

the United Nations in July . [] “As Johnson told it, he was

visiting with John Kenneth Galbraith when the economist

mentioned that Justice Arthur Goldberg was restless at the

Supreme Court. Goldberg confirmed Galbraith’s report in a

conversation with the President on the way back from [Adlai]

Stevenson’s funeral on July  []. When Johnson offered

him a Cabinet position as Secretary of Health, Education, and

Welfare, Goldberg replied that he was more interested in

foreign affairs. On July  Goldberg informed the White

House that he would accept the ambassadorship to the United

Nations. Because Johnson knew that Goldberg, a former

secretary of labor and skilled negotiator, would be ‘an

outstanding representative of our nation in that crucial

international organization,’ he appointed Goldberg as

Stevenson’s replacement. At least that was the President’s story.

Others recalled the incident differently. Arthur Goldberg later

insisted he had not been bored with the Court. ‘I left because

of vanity,’ he explained. ‘I thought I could influence the

President to get out of Vietnam.’ He maintained that he would

not have resigned if Johnson had not pressed him. So eager was

Johnson to make a place for Fortas on the Supreme Court that

he was tempting Goldberg with the vice-presidency. ‘You’re

over there isolated from the action,’ he said, ‘and you can’t get

to the Vice-Presidency from the Court.’ The President had

offered the position at the Court to Fortas even before

Goldberg had definitely decided to resign. According to Paul

Porter, Johnson telephoned Fortas as he was flying back to

Washington from [Adlai] Stevenson’s funeral and informed the

attorney he was about to be named to the Supreme Court.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John F. Kennedy

Political party: Democrat

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Kalman, Laura. Abe

Fortas: A Biography. . pp. –.

Gresham, Walter Quintin

March , –May , 

Reason for termination: Appointment to Other Office

Nature of other employment: United States Postmaster

General

“He was called from the bench to the cabinet of President

Arthur as Postmaster General in , and his political career

really dates from that time.” [] He served on the bench for 

years prior to his appointment as postmaster general in . []

“In  Judge Gresham decided to retire from the district

court bench and renew the more lucrative practice of law,

which would also give him more freedom to pursue his political

ambitions. While still on the bench, he had contemplated

running for either the Senate or the governorship of Indiana,

but decided to wait until after he had resumed practice. His

proposed partnership with Joseph E. MacDonald never

materialized, however, because President Chester Arthur

selected him as his postmaster-general. As postmaster,

Gresham’s prime concern was implementing the Congressional

statutes that prohibited the use of the mails for lotteries. He

also worked to lower the cost of sending first-class mail and

opposed government takeover of the telegraph service.

Following the death of Secretary of the Treasury Charles

Folger, Walter Gresham was appointed to fill that vacancy,

serving for two months. On the eve of the presidential election

of , Judge Thomas Drummond of the Seventh Circuit

resigned, and President Arthur appointed Gresham circuit

judge. Gresham and his family moved to Chicago, where he

began his duties on November , .” []

Court: D. Ind.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: [] Schulyer, Montgomery. “Walter Quintin Gresham.”

Harpers Weekly,  June , p. . [] Simons, Richard S. “Who

Delivered When Hoosiers Ran the Mail.” Indianapolis Star Magazine,

 Sept. , p. . [] Solomon, Rayman L. History of the Seventh

Circuit, –. . p. .
 Why Judges Resign

Gresham, Walter Quintin

March , –May , 

Reason for termination: Appointment to Other Office

Nature of other employment: Secretary of State

“Judge Gresham became a front-running candidate for the

Republican presidential nomination in . He led the reform

elements in the party, who favored sound money and moderate

tariffs. At the outset of the Republican convention in Chicago,

Gresham controlled about twenty percent of the delegates. He

expected to pick up additional votes through political

manipulation at the convention, but failed because of his

refusal to support the high tariff plank of the platform. Instead

of nominating Gresham, the delegates chose his Indiana

political rival, Benjamin Harrison. Gresham offered Harrison

no support, either in that campaign or during his campaign for

reelection. Having failed in his bid for the presidency, Judge

Gresham turned his attention again to the bench.” “Early in

, for the second time, Judge Walter O. Gresham [sic]

resigned the federal bench to accept a cabinet position. Soon

after his election, President Grover Cleveland invited Judge

Gresham to become his secretary of state. The judge at first

declined, partly because he enjoyed his work at the Seventh

Circuit and life with his family in Chicago. He also feared

angering his Republican supporters by serving in a Democratic

administration, even though he had openly supported

Cleveland over Harrison. However, after conferring with

several long-time Republicans and after a second call from

Cleveland, Gresham relented. He became secretary of state, and

as Cleveland had promised, the leader of the cabinet. The

judges resignation became effective March , , and he took

his cabinet seat three days later.”

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Chester A. Arthur

Political party: [not available]

Source: Solomon, Rayman L. History of the Seventh Circuit, –

. . pp. –, .

Grier, Robert Cooper

March , –Sept. , 

Reason for termination: Age/Health

“Toward the end of his service, his mental and physical powers

waned to the point that he was barely functioning. Finally, a

committee of his colleagues called on him to urge his

retirement. He took their advice and retired in January .

He died seven months later.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Knox Polk

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .
Why Judges Resign 

Grosscup, Peter Stenger

Feb. , –Oct. , 

Reason for termination: Allegations of Misbehavior

“Judge Grosscup, no stranger to newspaper headlines, was at

the center of a storm that involved vague innuendoes that

unspecified evidence had been uncovered which would show

that Judge Grosscup had used his office for personal profit.”

“The first front-page headline appeared September , , and

indicated that the judge intended to retire. He stated that he

wanted to leave the bench so that he could be more active in

politics. He also added that he believed the court of appeals job

would no longer be as interesting since the abolition of the

circuit courts would practically eliminate his opportunity to do

trial work.” “This statement has certain credibility, given the

Judge’s outspoken views on economic policy and given the

attitude towards the work of the court of appeals which he

expressed in the letter to Judge K. M. Landis which was quoted

in Chapter IV. However, the newspaper article announcing the

judge’s resignation contained a startling revelation. The judge

had been shadowed for two years by a private detective who

had been hired by a muckraking magazine. The detective had

investigated every aspect of cases decided by Grosscup in an

effort to find evidence of malfeasance; in fact, the judge had

been under observation even while traveling in Europe. The

detective implied that he had uncovered damaging evidence

that would later be divulged in the magazine Everybody’s. The

story became further complicated when former United States

Solicitor General Charles Aldrich, the man who had failed to

be nominated to the federal bench ten years earlier and who

had leveled charges against Judge Kohlsaat, announced that he

had supplied information for the investigation. He charged that

Grosscup was resigning because he feared the results of the

magazine investigation. Additionally, Aldrich urged the

Chicago Bar Association to refuse to ‘indors[e] him [Grosscup]

by a banquet or foolishly eulogistic speech.’” “Judge Grosscup

reacted to the charges by threatening to withdraw his

resignation if formal allegations were made against him. He

challenged Aldrich and Everybody’s publisher to make their

evidence public. He further charged that the magazine had

been guilty of burglary by breaking into the home of his former

clerk, Marshall Sampsell, and taking bank records. The

magazine declined to accept Grosscup’s challenge. Instead, the

publisher issued a statement saying he would do nothing which

would jeopardize the possibility of Grosscup’s resignation. The

entire episode thus ended. The judge resigned October , ,

with the allegations of malfeasance never having been formally

made or proven - yet, not disproven.”

Court: th Cir.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Solomon, Rayman L. History of the Seventh Circuit, –

. . pp. –.

Hagner, Alexander Burton

July , –June , 

Reason for termination: Retired

“Justice Hagner served on the [District of Columbia] Supreme

Court bench several years after he was eligible for retirement.

He resigned from public service June , .”

Court: D.D.C.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: “Justice Hagner is Dead.” Washington Post,  July .

Haight, Thomas Griffith

Aug. , –Jan. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Wall, Haight, Carey &

Hartpence

“When he resigned from the Circuit Court of Appeals in ,

Mr. Haight entered private law practice with the Jersey City

firm of Wall, Haight, Carey & Hartpence.”

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: “Thomas G. Haight, Jurist, , is Dead.” New York Times, 

Jan. .
 Why Judges Resign

Hall, Dominic A.

Jan. , –Dec. , 

Reason for termination: Inadequate Salary

Judge Hall was originally appointed by President Jefferson,

under the Judiciary Act of , to the Fifth Circuit Court of

Appeals, which office was eliminated with the repeal of the Act

in . “Louisiana became a state in  and Hall became the

District Judge for the District of Louisiana. Then Judge Hall,

obviously a highly respected figure, was named to the first

Louisiana Supreme Court and resigned to take a place on the

state tribunal in March, ; this meant an increase in salary

from , to ,. Less than three months later, however,

Hall relinquished this position and again was appointed United

States District Judge. His opponents years later would say that

he left the state court because of an impending impeachment,

but there is no basis for this and it seems hardly credible. Two

other explanations are surely closer to the truth. One is that

Hall, who was reserved, austere, and aristocratic in his manners,

preferred being his own master as a federal judge. Perhaps the

better explanation is the following: ‘It is said his principal

motive for thus promptly exchanging one life position for

another was the Babel of foreign tongues which immediately

smote his judicial ear. He had scarcely a working knowledge of

French and none of Spanish, and between the civil law and the

French advocates he judges his hope of fame and his happiness

to mind to lie in a court which would not be called upon

incessantly to master and adjudicated these new and foreign

ideas of jurisprudence.’”

Court: D. La.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Madison

Political party: [not available]

Source: Couch, Harvey C. A History of the Fifth Circuit, –.

n.d. pp. –.

Hall, Willard

Dec. , –May , 

Reason for termination: Retired

“In December, , being then in his ninety-first year, he

resigned his Judgeship.”

Court: D. Del.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: [not available]

Source: “Death of Hon. Willard Hall of Delaware.” New York Times,

 May .

Hallett, Moses

July , –April , 

Reason for termination: Retired

“At his retirement ceremonies in  . . . ” [] “Judge Hallett

has been in Washington for the last week. He went there ten

days ago with the full intention of not resigning, but when he

learned that the lay of the land was to his liking regarding a

successor, he agreed to step down from the bench.” []

Court: D. Colo.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: [] Guice, John D. W. “Moses Hallett, Chief Justice.” 

Colorado Magazine , p. . [] “Fight Over Judgeship: Filing of

Hallett’s Resignation from Federal Bench Starts Row in Republican

Party.” Rocky Mountain News,  April .

Halyburton, James Dandridge

Feb. , –Jan. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate Judge for the

Eastern District of Virginia

Court: E.D. Va.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Tyler

Political party: [not available]

Source: Richmond Dispatch,  Jan. . See also Bryson, W. H.

Legal Education in Virginia, –: A Biographical Approach.

. p. .
Why Judges Resign 

Hanford, Cornelius Holgate

April , –Jan. , 

Reason for termination: Allegations of Misbehavior

Resigned while under House investigation in . [] “[A]

congressional sub-committee came to town to open

impeachment hearings in June, . . . . After the hearing

concluded Judge Hanford resigned. Back in Washington

Congress responded by ending the impeachment proceedings.

There was no point in prolonging the agony.” []

Court: W.D. Wash.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: [not available]

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry Into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] Hunt, William R. “Sober as a Judge Was

Not an Apt Simile.” P-I/Northwest Magazine,  Aug. . pp. –.

Hastings, Alcee Lamar

Sept. , –

Reason for termination: Impeachment and Conviction

“A bill of impeachment against Judge Hastings, the first black

official ever impeached, was approved by the House  to  on

Aug. . He is accused of conspiring with a Washington

attorney to obtain money from two convicted racketeers in

exchange for a guarantee that they would not serve time. The

impeachment bill also accuses him of making false statements

at his  trial, in which a Federal jury acquitted him of

conspiracy.” [] “Many charges on which Judge Hastings was

convicted by the Senate accused him of making false statements

and producing false documents in a  criminal trial accusing

him of seeking the , bribe. He was acquitted in the

criminal trial. . . . The Senate action concluded an eight-year

ordeal for Judge Hastings. The articles of impeachment accused

Judge Hastings of conspiring with a lawyer friend in  to

impose a sentence on two criminal defendants that would not

include prison time. In return, the charges said, Judge Hastings

and the friend, William A. Borders, sought , from the

two defendants, who had been convicted of racketeering. The

impeachment charges followed a Federal criminal trial in

Miami on the conspiracy charges in  in which the judge

was acquitted. Despite the acquittal, a Federal judicial panel

concluded in  that there was sufficient evidence that he did

conspire to obtain the bribe. . . . Senators who voted to convict

Judge Hastings said they had little difficulty reaching their

verdict. Senator Slade Gorton, Republican of Washington, a

member of the Senate panel that reviewed the evidence, said he

found the case to be ‘difficult not complex. It seemed to me

there was one overriding issue,’ said Mr. Gorton, who voted to

convict the judge on the conspiracy charge. ‘Was Alcee

Hastings a conscious participant in a conspiracy of William

Borders to extract ,? While there are , pages of

testimony, the facts are not in dispute. He was guilty.’”[]

Court: S.D. Fla.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: [] “Senate Panel Proposed for Trial of U.S. Judge.” New York

Times,  Feb. . [] “Hastings Ousted as U.S. Judge by Senate

Vote.” New York Times,  Oct. .

Hawley, Thomas Porter

July , –Oct. , 

Reason for termination: Retired

Court: D. Nev.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Judge Biographical Database, Record 18501, Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.
 Why Judges Resign

Henning, Edward J.

Dec. , –Jan. , 

Reason for termination: Returned to Private Practice

Nature of other employment: General Counsel, General Order

of Moose; Counsel for motion picture interests

“Federal District judge Edward J. Henning, who was appointed

to the Federal court here by President Coolidge in April, ,

last night announced his resignation effective Dec. . He said

he would return to the practice of law in New York.”

Court: S.D. Cal.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: [not available]

Source: [] “General Counsel of Moose Expires.” San Francisco

Chronicle,  Sept. . [] “E. J. Henning Quits Federal Bench.”

New York Times,  Dec. .

Hermansdorfer, Howard David

April , –

Reason for termination: Returned to Private Practice

Nature of other employment: Barnett & Alagia, Ashland, KY;

Hermansdorfer & Coburn, Ashland, KY

“I hereby resign my commission as a United States District

Judge for the Eastern District of Kentucky to be effective

January , . My decision to resign is prompted by my

election to pursue other interests which present new and

rewarding challenges.” [] “It has been a great privilege to serve

in the office I now relinquish and I should like to express my

deep appreciation for the opportunity and experience it

afforded me.” [] The judge wanted to return to the private

practice of law. He went with Barnett & Alagia in Ashland, KY

immediately upon leaving the bench. He is now with

Hermansdorfer and Coburn in Ashland, KY. []

Court: E.D. Ky.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] Howard David Hermansdorfer to Ronald Reagan,  Jan.

, Files of the Administrative Office of the United States Courts

(Human Resources Division). [] Telephone conversation with Linda

Mae Cornwell, former secretary to Judge Hermansdorfer, March ,

.

Higby, Lynn C.

Aug. , –

Reason for termination: Inadequate Salary

Nature of other employment: Sale & Bryant, Panama City,

Florida

“On October , , I submitted my resignation from the

bench of the United States District Court for the Northern

District of Florida to the President of the United States, to

become effective on January , . I made this choice not

because of any dissatisfaction or disaffection for this court, my

fellow judges, or the profession which practices before it. I will

miss my association with the many dedicated people who serve

the court with me.” “When I assumed my position over three

years ago, I knew, of course, what the job paid and was willing

to take a substantial reduction in my income in the spirit of

public service. What I did not anticipate, however, was the

continued intransigence of the administration and the

Congress in refusing to grant equitable judicial pay increases

that keep up with inflation. In short, I erred in pursuing and

accepting this appointment. Nonetheless, I have regretfully

concluded that to continue my service on the bench will

jeopardize the education of my children. Two of our sons are

presently attending out of state universities without the benefit

of government subsidized loans which recently became a thing

of the past.” “I am returning to the private practice of law. On

January , , I will become a partner in the Panama City,

Florida, law firm of Sale & Bryant.”

Court: N.D. Fla.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Lynn C. Higby to President Ronald Reagan,  Oct. ,

Files of the Administrative Office of the United States Courts

(Human Resources Division).

Hill, Robert Andrews

March , –July , 

Reason for termination: Retired

“Judge Hill reached the age of retirement March ,  when

he was seventy years of age, but he continued to serve until

August ,  when he had reached his eightieth year.”

Court: D. Miss.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Johnson

Political party: Republican

Source: Godspeed. Memoirs of Mississippi. . See also Dunbar.

Encyclopedia of Mississippi History. .
Why Judges Resign 

Hoehling, Adolph A., Jr.

Nov. , –Feb. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Hoehling, Peelle & Ogilby

Court: D.D.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: [not available]

Source: “A.A. Hoehling, Retired Justice and D.C. Banker, Dies at .”

Washington Post,  Feb. .

Holt, George Chandler

Dec. , –Jan. , 

Reason for termination: Retired

Nature of other employment: Receiver, Aetna Explosives

Company

“Judge Holt had been retired for a long while and had been

living in Europe for the last two years.” “After retiring from the

bench he was receiver for the Aetna Explosives Company.”

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Independent

Source: “Ex-Judge G. C. Holt Dies in Nice, France.” New York

Times,  Jan. .

Howe, Harland Bradley

Feb. , –April , 

Reason for termination: Disability

Physical disability caused his resignation on  January ,

and he permanently retired on  July .

Court: D. Vt.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: [not available]

Source: Vermont Bar Association Proceedings, Volume . .

Howe, James Henry

Dec. , –Jan. , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: Private Practice

“It was understood that he accepted the judgeship as a relief

from the strain of professional life; but judicial life and duties

proved less congenial than he expected.”

Court: E.D. Wis.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: Berryman, John R. History of the Bench and Bar of Wisconsin, Vol. II. . p. .

Howell, George Evan

Sept. , –

Reason for termination: Appointment to Other Office

Nature of other employment: Chairman, Illinois State Toll

Highway Authority

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Harry S Truman

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Howry, Charles Bowen

May , –July , 

Reason for termination: Retired

Court: Ct. Cl.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .
 Why Judges Resign

Hufstedler, Shirley M.

Aug. , –

Reason for termination: Appointment to Other Office

Nature of other employment: Secretary, Department of

Education

“President Carter plans to announce tomorrow the nomination

of Shirley Mount Hufstedler, a Federal judge in California, as

Secretary of the newly created Department of Education,

Administration officials said today.” [] “In response to your

letter of July , I did not leave the Federal Judiciary by reason

of inadequate salaries. To be sure, judicial salaries are not

adequate. However, my decision to leave the judiciary was

based entirely upon the unique opportunity that President

Carter offered to me in becoming the first Secretary of

Education.” []

Court: th Cir.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] “Carter to Name Judge to Direct Education Dept.” New

York Times,  Oct. . [] “Shirley M. Hufstedler to Judge Irving

R. Kaufman,”  July , appended to memo from Joseph F.

Spaniol, Jr.,  Nov. , in Administrative Office Files.

Hughes, Charles Evans

April , –Aug. , 

Reason for termination: Sought Elected Office - Defeated

Hughes resigned from the bench in order to become

Republican presidential candidate in . Lost the election by

only  electoral votes. Served again on the U.S. Supreme

Court.

Court: Supreme Court

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Hughes, James

Nov. , –Oct. , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: Returned to Private Practice

“Service on the court was too tame for this man and he

resigned in December .”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Hughes, Robert William

Jan. , –Dec. , 

Reason for termination: Retired

“when owing to his advanced age he tendered his resignation.”

Court: E.D. Va.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: [not available]

Source: Summers, Lewis Preston. History of Southwest Virginia, –

: Washington County, –. . p. .

Humphreys, West H.

Aug. , –Oct. , 

Reason for termination: Impeachment and Conviction

Early in , Judge Humphreys accepted the post of Judge for

the District Court of Tennessee without resigning his federal

commission, making him the only federal judge who, after

joining the Confederacy, failed to resign his federal

commission. He was impeached by the House of

Representatives and convicted by the Senate.

Court: D. Tenn.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: Bushnell, Eleanore. Crimes, Follies, and Misfortunes: The

Federal Impeachment Trials. . pp. –.
Why Judges Resign 

Hunt, Ward

June , –March , 

Reason for termination: Retired

“In January  he suffered a paralytic stroke that

incapacitated him from further service, but he did not retire for

another three years. The law then in effect granted a full

pension only to justices who had reached the age of seventy and

had served on the Court for ten years. Finally with the Court in

danger of becoming bogged down because of Hunt’s illness and

the increasing age of several other justices, Congress passed a

special law exempting Hunt from the terms of the pension law,

granting him retirement at full pay if he would retire from the

Court within thirty days of enactment of the exemption. He

retired the day the law went into effect and died four years

later.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . Act of Jan. , , 

Stat. .

Hunt, William Henry

June , –June , 

Reason for termination: Appointment to Other Office

Nature of other employment: Secretary of the Navy

Court: Ct. Cl.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Irving, J. Lawrence

Feb. , –

Reason for termination: Dissatisfaction with Office

“Federal District Judge J. Lawrence Irving, who has presided

over a series of highly publicized cases in San Diego, has

announced that he is resigning because he believes Federal

sentencing guidelines are too harsh.” “If I remain on the bench

I have no choice but to follow the law,” Judge Irving said

Thursday, when his resignation was announced. “I just can’t, in

good conscience, continue to do this.”

Court: S.D. Cal.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: “Criticizing Sentencing Rules, U.S. Judge Resigns.” New York

Times,  Sept. .

Irwin, Thomas

Feb. , –May , 

Reason for termination: Allegations of Misbehavior

On January ,  the House authorized the Judiciary

Committee to investigate charges against Judge Irwin. On

January , the House discontinued proceedings on the report

that Judge Irwin had resigned that day. [] “Throughout his

career on [the] fed[eral] bench, he was a controversial figure. At

least  different attempts were made by Pittsburgh Bar to secure

impeachment. Was charged with partiality toward certain

lawyers, with holding needless terms of ct. and with demanding

that U.S. marshal for Western PA kick-back a portion of his

salary and fees to Judge. Was also detested by anti-slavery bar

of Western PA for maintenance of constitutionality of the

Fugitive Slave Act. Faced with almost certain impeachment,

resigned.” []

Court: W.D. Pa.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: Democrat

Source: []  Hinds’ Precedents § . . [] Judge Biographical

Database, Record , Federal Judicial History Office, Federal

Judicial Center, Washington, D.C.
 Why Judges Resign

Jackson, John Jay, Jr.

Aug. , –Sept. , 

Reason for termination: Retired

“On account of his age, Judge Jackson retired about two years

ago . . . ”

Court: W.D. Va.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: [not available]

Source: “Notable Jurist Who Lived in Stirring Times Passes Away.”

Richmond Times Dispatch,  Sept. .

Jay, John

Dec. , –May , 

Reason for termination: Elected Office

Nature of other employment: Governor of New York

Elected Governor of New York. [] “I left the Bench perfectly

convinced that under a System so defective, it would not obtain

the Energy weight and Dignity which are essential to its

affording due support to the national Government; nor acquire

the public Confidence and Respect, which, as the last Resort of

the Justice of the nation, it should possess. Hence I am induced

to doubt both the Propriety and Expediency of my returning to

the Bench under the present System, especially as it would give

some Countenance to the neglect and Indifference with which

the opinions & Remonstrances of the Judges on this important

Subject have been treated.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington*

Political party: Federalist

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Jay, John to John

Adams.  Jan. , in The Documentary History of the Supreme

Court of the United States, –. Volume , Part , Appointments and Proceedings. eds. Maeva Marcus and James R. Perry. .

p. .

*Jay was reappointed to the Supreme Court by John Adams in 

but declined his commission after Senate confirmation. The biographical appendix does not include individuals who declined to serve

after completion of the appointment process. Thus, although John

Adams was technically the last president to appoint Jay to the bench,

Washington is listed as the last appointing president for the purposes

of this study.

Jenkins, James Graham

July , –Aug. , 

Reason for termination: Retired

Nature of other employment: Dean, Marquette University

School of Law

“On February  Judge James Jenkins wrote a letter of

resignation to President Roosevelt. He had turned seventy in

July, , and could retire at full pay. His poor eyesight caused

him to decide that a younger man should replace him. Judge

Jenkins did not remain idle in retirement. At the age of

seventy-three he accepted the deanship at Marquette University

Law School.” “Political considerations also played a role in

Judge Jenkins’ decision to leave the bench. In the Wisconsin

senatorial race of  the insurgent, Robert M. LaFollette,

defeated the stalwart Republican incumbent, Joseph F.

Quarles. Quarles, Jenkins and the judge of the Eastern District

of Wisconsin, William H. Seaman, were friends. An agreement

was worked out whereby Jenkins would resign, Seaman would

be elevated to replace Jenkins, and Quarles could receive the

district court judgeship. President Roosevelt was willing to

make the necessary nominations (even though Seaman was a

Democrat) because this enabled him to make peace with the

regular wing of the Wisconsin Republican party, who believed

Roosevelt had sided with LaFollette in the bitter election. One

compilation arose that almost destroyed the plan. In 

Quarles had voted for a raise in the amount of salary for district

judges from , to ,. Article I, section  of the United

States Constitution barred Quarles from being appointed to

the bench until after the expiration of his term on March ,

. It was feared that LaFollette, who would then be senator,

would block the appointment. However, intervention by

Roosevelt persuaded LaFollette to consent to Quarles’s

nomination. President Roosevelt sent both names to the Senate

on February , . Judge Seaman received Senate

confirmation three days later. He took his oath and place on

the bench April , , the same day the bench and bar

gathered to honor Judge Jenkins.”

Court: th Cir.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: Solomon, Ray L. History of the Seventh Circuit, –.

. pp. –.
Why Judges Resign 

Johnson, Albert Williams

Nov. , –Mar. , 

Reason for termination: Allegations of Misbehavior

A House Judiciary Subcommittee condemned former Judge

Johnson calling him a “wicked, evil and mendacious judge.”

Charged that for more than  years he used the court to

operate “an unconscionable, a despicable and degrading

conspiracy against the administration of justice.” Summed up

its lengthy investigation into Johnson’s conduct in a scathing

-page report in which language of unprecedented vehemence

was used. The report said it did not request impeachment only

because he resigned and waived all retirement rights but it

added that Congress should “enact legislation which would

prevent the jurist from ever claiming his retirement pay and

which would bar any federal judge from profiting in

bankruptcy cases.” Judge was indicted last September .

Report of subcommittee said that almost “every litigant who

had the misfortune to appear before this wicked and malicious

judge became the immediate object of a crooked conspiracy

whose sole interest was the amount of money that could be

extorted from him for justice or the evasion of justice.” The

report did not say when the committee became interested in

Johnson’s conduct, but members said “they had received

numerous complaints about Johnson’s action in cases dating

back to soon after his appointment to the federal bench.

Court: M.D. Pa.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source:  Legal Intelligencer  ( Feb. ).

Johnson, Thomas

Nov. , –Oct. , 

Reason for termination: Age/Health

“Citing ill health, he resigned from the bench after serving little

more than a year.” He continued in public life after his

resignation from the Supreme Court. He was appointed by

President Washington to plan the new national capital on the

Potomac. [] “Thomas Johnson resigned his commission of

judge in a letter to George Washington dated  January .”

[]

Court: Supreme Court

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Thomas Johnson to

George Washington.  Jan. , in The Documentary History of the

Supreme Court of the United States, –. Volume , Part ,

Appointments and Proceedings. eds. Maeva Marcus and James R.

Perry. . p. .

Jones, Charles Alvin

Aug. , –May , 

Reason for termination: Appointment to Other Office

Nature of other employment: Chief Justice, Pennsylvania

Supreme Court

Served as Justice, Supreme Court of PA. [] “Judge Charles

Alvin Jones resigned from the [rd District] Court in

December  to accept appointment to the Pennsylvania

Supreme Court and later became Chief Justice of

Pennsylvania.” []

Court: d Cir.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: []  Legal Intelligencer  ( Dec. ). [] The Academy

of Trial Lawyers of Allegheny County, The Federal Court System in

Western Pennsylvania. .

Jones, Shirley Brannock

June , –

Reason for termination: Returned to Private Life

“I have this date submitted to President Reagan my resignation,

effective December , , as a Judge of the United States

District Court for the District of Maryland. My entire

professional career has been devoted to the law, the last twentythree years having been in service as a judge in the State and

Federal courts. My judicial career has been most gratifying, and

it has been a distinct privilege to have served my State and

Country in this capacity, In particular, it has been an honor to

have served on such a distinguished Bench as the United States

District Court for the District of Maryland, and on occasion,

to sit by special designation with the United States Court of

Appeals for the Fourth Circuit. I have nothing but the highest

respect for the Judges of these Courts.” “My husband, William

L. Jones, and I wish to modify our lifestyles so as to have more

flexibility than our present careers allow. After long and careful

thought, we have determined that now, while we are in the

prime of our lives, is the appropriate time to make these

changes. I would like to explore new vistas in the financial and

business community. Mr. Jones is withdrawing as a partner in

the accounting firm of C. W. Amos & Company, but will

remain as a consultant. He will also be entering the real estate

business, a field in which he has had a long time interest. As a

result of the changes, we plan to spend more time at our home

on the Eastern Shore.”

Court: D. Md.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Shirley Brannock Jones to Ronald Reagan,  Sept. , Files

of the Administrative Office of the United States Courts (Human

Resources Division).
 Why Judges Resign

Jones, William Giles

Nov. , –April , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate Judge for the

District of Alabama

“He was appointed in  by President Buchanan to succeed

Governor Gayle as United States District Judge, and resigned

when the war broke out. Jefferson Davis appointed him

Confederate District Judge, which office he held until the end

of the war.”

Court: D. Ala.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: “William Giles Jones.” New York Times,  April .

Kampf, Edward S.

?–?

Reason for termination: Age/Health

“Judge Edward S. Kampf, Albany Democrat, has applied for

retirement from the Federal bench because of ill-health, it was

learned today. Judge Kampf has been in poor health for more

than a year.”

Court: N.D.N.Y.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death:?

Last Appointing President: Harry S Truman

Political party: Democrat

Source: “Judge Kampf to Retire.” New York Times,  April .

Kaufman, Samuel Hamilton

Oct. , –May , 

Reason for termination: Age/Health

“Mr. Kaufman retired from the Federal Court in the Southern

District of New York in  because of ill health. He had

suffered a crippling stroke, from which he never recovered.”

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Harry S Truman

Political party: Democrat

Source: “Samuel Kaufman, Ex-U.S. Judge, Dies.” New York Times, 

Oct. .

Kennamer, Franklin E.

Jan. , –May , 

Reason for termination: Age/Health

“Due to increasing pressures and failing health.”

Court: N.D. Okla.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: [not available]

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Kennedy, Harold Maurice

Aug. , –July , 

Reason for termination: Inadequate Salary

Nature of other employment: Burlingham, Veeder, Clark &

Hupper

“Judge Harold M. Kennedy, who has been a member of the

United States Court in the Eastern District for the last eight

years, announced yesterday that he had submitted his

resignation to President Truman, to become effective on Sept.

. The jurist will join the law firm of Burlingham, Veeder,

Clark & Hupper. He said he could not decline the offer to

become a partner in the admiralty firm.” [] District Judge

Harold M. Kennedy left the bench because his salary and

benefits did not permit him to provide for his survivors.” []

Court: E.D.N.Y.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: [] “Kennedy to Resign as Judge Sept. .” New York Times, 

July . [] Administrative Office of the United States Courts.

Federal Judicial Compensation: A Pressing Need for Increase. A

Report to the Commission on Executive, Legislative and Judicial

Salaries.  Aug. . p. .
Why Judges Resign 

Kerner, Otto, Jr.

Aug. , –May , 

Reason for termination: Allegations of Misbehavior

“Upon his conviction in , Mr. Kerner became the first

sitting Federal judge to be found guilty of a serious crime.” []

“On July , , Judge Otto Kerner, Jr., resigned. Following

his indictment on charges of conspiracy, bribery, mail fraud,

and income tax evasion on December , , the judge had

taken a leave of absence from the bench. He was convicted on

February , . After the affirmance of his conviction on

appeal by a panel of judges from outside the circuit, who were

designated to sit by Chief Justice Warren Burger, Judge Kerner

spent eight months in prison.” [] “Until today, Kerner had

steadfastly refused to resign, although there was a move under

way in the House of Representatives to sponsor impeachment

action against him.” [] “He apparently did so in the face of

warnings from members of the Congress that he would face

impeachment unless he resigned his ,-a-year judicial

seat.” [] [Thomas E. Patton, one of Otto Kerner’s attorneys

indicated in a phone conversation with FJHO Associate

Historian Emily Van Tassel that the congressional urgings for

resignation were friendly suggestions so that Kerner would not

be put through further proceedings. No formal actions were

underway to begin impeachment proceedings.]

Court: th Cir.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] “Ex-Gov. Otto Kerner Dies; Convicted While a Judge.”

New York Times,  May . [] Solomon, Rayman L. History of

the Seventh Circuit, –. 1981. p. . [] “Kerner Quits U.S.

Appeals Judgeship.” Washington Post,  July . [] “Kerner

Resigns Seat.” New York Times,  July .

Kilty, William

Jan. , –Oct. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Chancellor of the State of

Maryland

He left the bench to accept an appointment by the governor of

Maryland as Chancellor of the state.

Court: D.C. Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Thomas Jefferson

Political party: [not available]

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

King, Alexander C.

Dec. , –July , 

Reason for termination: Age/Health

Nature of other employment: King & Spalding

Served on the Court until ill health required his resignation in

. Returned to private practice to the extent possible mainly

in an advisory capacity.

Court: th Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Coleman, Kenneth, and Charles S. Gurr, eds. Dictionary of

Georgia Biography. Volume . p. .

Knowles, John Power

June , –Aug. , 

Reason for termination: Retired

“This position he occupied until March, , when he

resigned. Feeble health has prevented his attention to other

than his personal affairs since.”

Court: D.R.I.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: Providence Journal,  Aug. .

Krekel, Arnold

March , –July , 

Reason for termination: Age/Health

“President Lincoln finally appointed Col. Krekel to the

position which he but lately resigned, and which is now held by

Judge Phillips.” “He died of Brights Disease of the kidneys.” []

“At the time of his death in Kansas City, July , , Krekel

was one of the oldest federal judges of the country, both in age

and in length of service.” []

Court: W.D. Mo.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: [] “Judge Arnold V. Krekel.” St. Louis Times Democrat, 

July . [] Shoemaker, Floyd C. Missouri, Day by Day. n.d. pp.

–.
 Why Judges Resign

Landis, Kenesaw Mountain

Nov. , –Nov. , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: National Commissioner of

Baseball

Judge Landis accepted appointment as baseball arbiter while

serving as judge, and in , the House Judiciary Committee

(th Congress) recommended that the complete investigation

be left to the th Congress. No action was taken by the th

Congress. [] “In , in the wake of the “Black Sox scandal”

involving the fixing of the  World Series, Landis, who had

played semiprofessional baseball while working in Logansport,

was named organized baseball’s first high commissioner. He

served as both a commissioner and as a judge before he was

forced to resign from the bench in .” [] “On February ,

, Mr. Benjamin F. Welty, of Ohio, claiming the floor for a

question of privilege, said: I impeach said Kenesaw Landis for

high crimes and misdemeanors and charge said Kenesaw M.

Landis as follows: First. For neglecting his official duties for

another gainful occupation not connected therewith. Second.

For using his office as district judge of the United States to

settle disputes which might come into his court as provided by

the laws of the United States. Third. For lobbying before the

legislatures of the several States of the Union to procure the

passage of State laws to prevent gambling in baseball, instead of

discharging his duties as district judge of the United States.

Fourth. For accepting the position as chief arbiter of disputes in

baseball associations at a salary of , per annum while

attempting to discharge the duties as district judge of the

United States which tends to nullify the effect of the judgment

of the Supreme Court of the District of Columbia and the

baseball gambling indictments pending in the criminal courts

of Cook County, Ill. Fifth. For injuring the national sport of

baseball by permitting the use of his office as district judge of

the United States because the impression will prevail that

gambling and other illegal acts in baseball will not be punished

in the open forum as in other cases. Mr. Speaker, I move that

this charge be referred to the Committee on the Judiciary

without debate for investigation and report, and on that I move

the previous question.” “The Congress was nearing its close

and consideration of the report was not reached by the House.”

[]

Court: N.D. Ill.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry Into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] Garraty, John A., and Jerome L.

Sternstien, eds. Encyclopedia of American Biography. . p. . []

 Cannon’s Precedents § . . pp. –.

Lane, Arthur Stephen

Dec. , –

Reason for termination: Other Employment

Nature of other employment: Director, Johnson & Johnson

“Johnson & Johnson, the surgical dressings producer,

announced yesterday in New Brunswick, N.J. the election of

Thomas E. Batey and Arthur S. Lane as directors.” “Mr. Lane,

, joined the company as general counsel earlier this month

after serving as a United States District Court judge.”

Court: D.N.J.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Dwight Eisenhower

Political party: Republican

Source: “Two Elected by Johnson & Johnson.” New York Times, 

July .

Laurance, John

Jan. , –Nov. , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

“he was elected to the U.S. Senate as a successor to his friend

and associate Rufus

King . . . ” [] “He left the bench in , when he was elected

to the U.S. Senate.” []

Court: D.N.Y.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Malone, Dumas, ed. Dictionary of American Biography.

. p. . [] Morris, Jeffrey B. Federal Justice in the Second Circuit:

A History of the United States Courts in New York, Connecticut and

Vermont. . p. .

Leavitt, Humphrey Howe

June , –March , 

Reason for termination: Retired

“We are met to express our respect and esteem for our honored

guest upon his retirement from the bench.”

Court: D. Ohio

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: Democrat

Source:  Fed. Cas. – ().
Why Judges Resign 

Leavy, Charles H.

Feb. , –Sept. , 

Reason for termination: Disability

“He had retired less than a month ago because of ill health.”

Court: W.D. Wash.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: New York Times,  Sept. .

Letts, Ira Lloyd

May , –Nov. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Curtis, Matteson, Boss & Letts

“He resigned from the bench and returned to private law

practice.”

Court: D.R.I.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: “Ira L. Letts, Jurist in Rhode Island, .” New York Times, 

Nov. .

Lewis, William

Jan. , –Aug. , 

Reason for termination: Returned to Private Practice

Returned to private practice and became active in local politics.

Court: E.D. Pa.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: Presser, Stephen B. Studies in the History of the United States

Courts of the Third Circuit, –: A Bicentennial Project. .

p. .

Lochren, William

April , –Jan. , 

Reason for termination: Retired

“He continued on the federal bench until March , ,

when he sent in his resignation and retired from active life. At

the time of his resignation Judge Lochren was  years old. At

that time his health began to fail and he thought it best for the

interest of the federal bench and for himself that he resign and

give way to a younger man. It was with reluctance that he

resigned and he said then in announcing his decision to retire

that he had been in the harness so long that he could hardly

realize that he had come to the end of the work of a life time.”

Court: D. Minn.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: “Judge William Lochren, Old Soldier, Pioneer Resident and

Eminent Jurist, Dead.” Minneapolis Journal,  Jan. .

Locke, James William

Oct. , –Sept. , 

Reason for termination: Retired

“A lingering illness restricted Judge Locke’s ability to try cases

and forced him to retire in  at the age of .” [] The

House Judiciary Committee investigated Judge Locke in .

Among other things he was accused of buying votes in an

election for state senate, and of decreeing salvage to a vessel in

which he had a half ownership, and using the proceeds himself.

The committee found all charges against Judge Locke to be

baseless. Interestingly, however, the committee noted that “The

press took notice of the matter, and since the reference to this

committee, st February, , Judge Locke and his friends

have sent to the committee answers to the same.” The

implication of this statement is that Locke was informed of the

charges against him solely through the agency of the press. []

Court: S.D. Fla.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: [] Hall, Kermit L., and Eric W. Rise. From Local Courts to

National Tribunals, The Federal District Courts of Florida, –.

. p. . [] “Impeachment of James W. Locke.” Report, Committee on the Judiciary, House of Representatives, th Cong., st Sess.,

Rep. No. , pp. – (May , ).
 Why Judges Resign

Loring, Edward Greely

Jan. , –June , 

Reason for termination: Retired

“He retired from the bench on December 14, 1877, having

served over 19 years.”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Lowell, John

Oct. , –May , 

Reason for termination: Returned to Private Practice

Court: st Cir.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: Proceedings of the Massachusetts Historical Society, Second

Series, Vol. , . . p. .

Lucas, Malcolm M.

April , –

Reason for termination: Appointment to Other Office

Nature of other employment: Associate Justice, California State

Supreme Court

“I have been appointed by Governor Deukmejian as an

Associate Justice of the California Supreme Court. A

confirmation hearing is scheduled for April , . Assuming

nothing untoward, I will be sworn-in on April , .” [] “I,

therefore, resign my judicial position as of April , ,

conditioned upon successful completion of the confirmation

hearing on April , .” [] “Gov. George Deukmejian swore

in Malcolm M. Lucas as a state Supreme Court justice Friday,

minutes after Lucas asked that a commission not confirm him

if it had any doubts about his integrity. []

Court: C.D. Cal.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] Malcolm M. Lucas to the President of the United States, 

March , Records of the Administrative Office of the United States

Courts (Human Resources Division). [] “Lucas Sworn in as High

Court Justice.” Los Angeles Times,  April .

Lumpkin, Alva Moore

Nov. , –Aug. , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

Court: E.D.S.C. & W.D.S.C.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Lynch, Charles Francis

Jan. , –June , 

Reason for termination: Inadequate Salary

Nature of other employment: Private Practice, Newark, New

Jersey

“Federal Judge Charles F. Lynch of Newark confirmed

yesterday that he had resigned. He said that he had sent letters

to President Coolidge and Attorney General Stone informing

them that he desired to relinquish his office by March . Judge

Lynch said that his action was prompted by the failure of bills

in Congress providing for an increase in the salaries of Federal

Judges. He said that his present yearly salary of , was

inadequate and that he planned to resume private law practice

in Newark.”

Court: D.N.J.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: “Quits Bench; Pay Too Low.” New York Times,  March .

MacArthur, Arthur

Jan. , –Aug. , 

Reason for termination: Retired

He resigned at the age of  after serving eighteen years on the

District bench.

Court: D.D.C.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: “Judge M’Arthur Dead.” Washington Post,  Aug. .
Why Judges Resign 

Magrath, Andrew Gordon

Feb. , –April , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate District Judge for

South Carolina

“Magrath became governor of South Carolina in December

 and was succeeded as judge early in  by Judge

Benjamin F. Perry.”

Court: D.S.C.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: Beers, Henry Putnam. The Confederacy: A Guide to the

Archives of the Government of the Confederate States of America.

. p. .

Mahoney, John C.

Dec. , –Nov. , 

Reason for termination: Age/Health

Court: st Cir.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: U.S. Congress, Senate, Committee on the Judiciary. Legislative

History of the United States Circuit Courts of Appeals and the Judges

Who Served During the Period  Through March . . p. .

Manton, Martin Thomas

Aug. , –Nov. , 

Reason for termination: Allegations of Misbehavior

“After a year of careful and secret work, Mr. [Thomas E.]

Dewey [District Attorney for New York County] sent a list of

charges against the jurist to Representative Hatton W.

Sumners, chairman of the House Judiciary Committee. The

result was an investigation by a Federal grand jury under Mr.

Cahill and the indictment, in April , of the judge. He had

resigned his office the preceding January on publication of Mr.

Dewey’s charges.”

Court: d Cir.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: “Ex-Judge Manton of U.S. Bench Here: Head of the Appeals

Court Who Served Time for Accepting , Dies Up-State.” New

York Times,  Nov. . See also Borkin, Joseph. The Corrupt

Judge: An Inquiry into Bribery and Other High Crimes and Misdemeanors in the Federal Courts. . pp. –.

Marshall, John Augustine

Sept. , –April , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: Howat, Marshall, MacMillan &

Nebeker

“The judge resigned in . It is reported by S. N. Cornwall in

his history of the Van Cott firm that the judge terminated his

judgeship when he became enmeshed in a scandal involving the

cleaning woman of his courtroom. Mr. Van Cott and Will Ray,

who was then United States District Attorney, both thought

the accusation was a frame-up and urged the judge to meet the

thing head on with a fight to the finish. But the judge resigned

from the bench rather than go through the ordeal of the

scandal.”

Court: D. Utah

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: Ashton, Clifford L. History of Territorial Federal Judges for

the Territory of Utah – and United States District Judges for

the District of Utah –. n.d. pp. –. See also Salt Lake

Tribune,  April .

Marvin, William

April , –July , 

Reason for termination: Age/Health

“Resigned under accusations of support for the Confederacy.”

[] “Although a Luke [sic] warm Unionist, Marvin did not

resign because he was suspected of ‘support for the

Confederacy but rather from poor health.’” []

Court: S.D. Fla.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Democrat

Source: [] Hall, Kermit L., and Eric W. Rise. From Local Courts to

National Tribunals: The Federal Districts of Florida, –. .

[] Kearney, Kevin E., ed. “Autobiography of William Marvin.” 

Florida Historical Quarterly (Jan. ), pp. –.
 Why Judges Resign

Mason, John Young

April , –Oct. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Secretary of the Navy

Court: E.D. Va.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Democrat

Source: “The Heritage and Preparation of a Statesman.” The Virginia

Magazine of History and Biography  (July ), p. .

Masterson, Thomas

Dec. , –

Reason for termination: Inadequate Salary

Nature of other employment: Morgan, Lewis & Bockius,

Philadelphia

“During  Judge Thomas A. Masterson of Philadelphia . . .

resigned because ‘of the inadequacy of their judicial

salaries,’ . . . ”

Court: E.D. Pa.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: [not available]

Source: Gouldon, Joseph C. The Benchwarmers: The Private World of

the Powerful Federal Judges. . p. n. See also Who’s Who in

American Law. d ed. ; Administrative Office of the United States

Courts. Federal Judicial Compensation: A Pressing Need for Increase.

A Report to the Commission on Executive, Legislative and Judicial

Salaries.  Aug. . Table , Judicial Resignations.

Mayer, Julius

Sept. , –Nov. , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: Mayer, Warfield & Watson

“At the time of his resignation and retirement to practice a

friend said that ‘the inadequacy of the salaries of Federal Judges

was a secondary consideration in his decision’ and that Judge

Mayer believed he could be of greater service in practice, and

that after bearing for ten years the brunt of the important

receiverships caused either by the war or post-war conditions he

sought the greater freedom of action and expression denied a

judge.”

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: “Judge Mayer Dies of Heart Attack.” New York Times,  Dec.

.

McAllister, Matthew Hall

Nov. , –Dec. , 

Reason for termination: Age/Health

“In  Judge McAllister, resigned his place on the bench,

having at the age of sixty two greatly failed in health. He died

three years later.” [] “McAllister broke down suddenly in body

and mind, in the summer of . The physicians said the

trouble was impoverishment of blood, caused by overwork.” []

“In March , President Franklin Pierce appointed Georgia

lawyer Matthew Hall McAllister as Circuit Judge of the Circuit

Court of California. McAllister’s sole responsibility was to that

court, as distinguished from district judges and Supreme Court

justices who periodically convened circuit court within their

own districts. He arrived in , in the midst of San

Francisco’s wave of vigilante violence, but returned to Georgia

six years later, worn out from his duties. With McAllister’s

resignation, Congress abolished the California circuit court.”

[]

Court: Cal. Cir.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: [] Shuck, Oscar T. “Men of the First Era,” in History of the

Bench and Bar of California.” . pp. , . [] A History and

Guide to the United States Courts for the th Circuit. . p. .
Why Judges Resign 

McCaleb, Theodore Howard

Feb. , –April , 

Reason for termination: Loyalty to the Confederacy

“He remained in this office until January , when,

notwithstanding his Union sentiments, he decided to throw in

his lot with the Confederacy on the secession of Louisiana from

the Union.”

Court: D. La.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Tyler

Political party: Whig

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

McCandless, Wilson

June , –June , 

Reason for termination: Disability

Nature of other employment: Retired Lawyer in Private

Practice

Congress passed an act on June ,  extending the

resignation benefits of the  Act to McCandless because of

physical disability in spite of the fact that he had not reached

age . (He was , had served for twenty years and was unable

to speak clearly because of paralysis.) The Act required that he

resign his office within six months after passage in order to

receive the benefit offered.

Court: W.D. Pa.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: Act of June , ,  Stat  ().

McCarthy, James William

Sept. , –June , 

Reason for termination: Age/Health

“Ill health forced him to resign after less than a year on the

bench.”

Court: D.N.J.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: “James W. McCarthy, Ex-U.S. Judge, Dies.” New York

Times,  June .

McComas, Louis Emory

Oct. , –Nov. , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

Elected U.S. Senator from Maryland. President Theodore

Roosevelt nominated Judge McComas to the Court of Appeals

of the District of Columbia as a recess appointee on  July .

Judge McComas served as an associate justice of that court

until his death.

Court: D.D.C.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: “Justice McComas Dead.” New York Times,  Nov. .

McCrary, George Washington

Aug. , –June , 

Reason for termination: Inadequate Salary

Nature of other employment: General Counsel, Atchison,

Topeka and Santa Fe Railroad

“Since provision was made for their appointment, two at least,

Judges Dillon and McCrary, of the Eighth Circuit, have

resigned on account of the salary being so small.” [] “After five

years he left the bench, moved to Kansas City, Mo., and acted

as general-counsel for the Atchison, Topeka and Santa Fe

Railroad for the rest of his life.” []

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: [] Dickerman, Albert. “The Business of the Federal Courts,

and the Salaries of the Judges.”  American Law Review  (Jan.–Feb.

), p. . [] Malone, Dumas, ed. Dictionary of American

Biography. . p. .
 Why Judges Resign

McCree, Wade H., Jr.

July , –

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Solicitor General

“I am in receipt of Joseph F. Spaniol, Jr.’s letter inquiring

whether my resignation from the judiciary was because of the

inadequacy of the salary I was receiving. Although I regarded

the judicial salary as inadequate, I must advise you that my

salary as Solicitor General is smaller and even more inadequate

in light of the duties of the Office. I leave it to your judgment

how to utilize this information.”

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: “Wade H. McCree, Jr. to Judge Irving R. Kaufman,” July ,

, appended to memo from Joseph F. Spaniol, Jr., Nov. , , in

Administrative Office Files.

McDonald, Gabrielle K.

April , –

Reason for termination: Dissatisfaction with Office

“U.S. District Court Judge Gabrielle McDonald stepped down

from the bench yesterday to return to private legal practice,

leaving fewer than a dozen black women among the nation’s

federal trial judges. McDonald said she considered that statistic

when deciding to leave the bench in Houston after nine years.

‘One of the most pressing concerns I have is my race and my

sex, because I know I have brought to the bench a different

perspective,’ she said. ‘The federal judiciary is an institution,

and an institution should reflect society.’ However, she said: ‘I

think I’ve done all I can do here. For me, it’s time to move

on.’” [] “Consumer activist Ralph Nader argues that dozens of

able young, female, Hispanic and black lawyers would be eager

to accept the current pay. ‘I really resent Nader’s implication

that we could come cheap,’ says Gabrielle McDonald, who

resigned her district judgeship in Houston last year and now

makes in the neighborhood of ,. ‘If you’re good,

you’re good, and the government should pay for it.’” []

“McDonald currently holds the position of assistant vice

president for academic affairs at the University of Houston.” []

Court: S.D. Tex.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: [] “Black Judge Resigns.” Newsday,  Aug. . [] “Pay

Raise: Judges Make Case: Jurists say bench means cut in pay.” USA

Today,  Jan. . [] “ Women who Made their Mark in and on

Houston.” Houston Chronicle,  April .

McFadden, Frank H.

Nov. , –

Reason for termination: Inadequate Salary

Nature of other employment: Executive with the construction

firm of Blount, Inc.

“Federal District Court Judge Frank H. McFadden is resigning

January  partly because he does not think he is paid enough.

In a letter of resignation to President Reagan, Judge

McFadden, whose salary is , a year, said that pay was

‘one of the principal reasons’ for his departure. The

Birmingham News reported that Judge McFadden would take

a top executive job with Blount Inc., an international

construction concern in Montgomery.”

Court: N.D. Ala.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: New York Times,  Dec. .

McGranery, James Patrick

July , –Dec. , 

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Attorney General

Served as Attorney General of the U.S., -. President

Truman announced his appointment of McGranery as A.G. on

April , . McGranery said that he would “endeavor with

the help of God to restore the confidence of the people in the

administration of justice.” He also announced that he would

immediately resign his position as judge on the district court.

Court: E.D. Pa.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Harry S Truman

Political party: Democrat

Source:  Legal Intelligencer  ( April ).
Why Judges Resign 

McIntosh, McQueen

Jan. , –Jan. , 

Reason for termination: Loyalty to the Confederacy

Was named CSA Judge to the Admiralty Court in Key West,

FL. The Judge stated, however, that he never served.

Court: N.D. Fla.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

McKenna, Joseph

Aug. , –Nov. , 

Reason for termination: Retired

“He was eighty-two years old and in failing health when Chief

Justice Taft and the other members of the Court finally

persuaded him to step down.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William McKinley

Political party: [not available]

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

McKennan, William

Sept. , –Oct. , 

Reason for termination: Retired

“[I] nfirm health impelled his resignation.”

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source:  Legal Intelligencer  ( Nov. ).

McLellan, Hugh Dean

Sept. , –June , 

Reason for termination: Returned to Private Practice

Nature of other employment: Herrick, Smith, Donald, Farley

& Ketchum, Boston, Massachusetts

“When he resigned from the bench, Judge McLellan returned

to private law practice as senior partner in the Boston firm of

Herrick, Smith, Donald, Farley & Ketchum.”

Court: D. Mass.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Herbert Hoover

Political party: [not available]

Source: “Hugh D. McLellan, , Bay State Ex-Jurist.” New York

Times,  June .

McNairy, John

March , –Nov. , 

Reason for termination: Age/Health

“Increasing infirmities induced him to resign a short time

before his decease.”

Court: D. Tenn.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: [not available]

Source:  Fed. Cas.  ().

McQuade, Richard B., Jr.

April , –

Reason for termination: Other Employment

Nature of other employment: Blue Cross and Blue Shield of

Ohio

“Blue Cross and Blue Shield of Ohio, Cleveland, appointed

Richard B. McQuade Jr. president and chief operating officer.”

Court: N.D. Ohio

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: New York Times,  Sept. .
 Why Judges Resign

Meanor, H. Curtis

Oct. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Podvey, Sachs, Meanor,

Catenacci, Hildner & Cocoziello

Judge Meanor’s letter to the President simply stated that he was

returning to the private practice of law.

Court: D.N.J.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: H. Curtis Meanor to Ronald Reagan,  Dec. , Files of the

Administrative Office of the United States Courts (Human Resources

Division).

Michie, Thomas Johnson

June , –April , 

Reason for termination: Disability

“Mr. Michie had been retired from the court since suffering a

stroke in .”

Court: W.D. Va.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John F. Kennedy

Political party: Democrat

Source: “Thomas Michie, Former Federal Judge.” Washington Post, 

April .

Middlebrooks, David Lycurgus, Jr.

June , –

Reason for termination: Dissatisfaction with Office

Nature of other employment: Levin, Warfield, Middlebrooks,

Graff, Mabie, Rosenbloum & Magie, PA, Pensacola, Florida

“Money wasn’t Middlebrooks’ reason for resigning - he didn’t

like spending three months at a time away from his family, nor

riding a  mile circuit, nor leading the restricted social life of

a judge, nor contemplating the prospect of spending the rest of

his life bogged down with administrative cases.”

Court: N.D. Fla.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: Chapin, Pat. “The Judicial Vanishing Act.” Judicature Vol. ,

No. . (Nov. ), p. .

Miller, James R., Jr.

June , –

Reason for termination: Age/Health

“After suffering a heart attack last year and realizing the fleeting

nature of life, I have decided to resign as a United States

District Judge for the District of Maryland in order to pursue

other interest which I have. Since I have deep respect for my

colleagues on this bench and am well aware of the workload

which they carry, I wish to make my resignation effective in

such a way as to minimize the period during which this

position I hold will be vacant. Accordingly, this resignation is

effective upon the nomination, confirmation, and swearing in

of my successor.”

Court: D. Md.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: James R. Miller to Ronald Reagan,  May , Files of the

Administrative Office of the United States Courts (Human Resources

Division).

Mitchell, George J.

Aug. , –

Reason for termination: Appointment to Other Office

“Earlier today Governor Joseph E. Brennan announced his

intention to appoint me to the vacancy created in the United

States Senate by your appointment of Senator Edmund Muskie

to the position of Secretary of State.” “Accordingly, I hereby

resign as United States District Judge for the District of Maine,

effective upon my assuming the office of United States

Senator.”

Court: D. Me.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: George J. Mitchell to Jimmy Carter,  May , Records of

the Administrative Office of the United States Courts (Human

Resources Division).
Why Judges Resign 

Monroe, Thomas Bell

Oct. , –Dec. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: Confederate Provisional Congress

“After the outbreak of the Civil War he fled his home at

Frankfort and took refuge within the Confederate lines at

Nashville, where on October ,  he was the first person to

formally take the oath of allegiance to the government of the

Confederate states. An entry was made by the clerk of the

District Court of Kentucky in : ‘Exact date unknown.

Went south to join Confederate forces. This court has no

Judge.’ After February , , Judge Monroe represented the

district of his Kentucky residence in the Confederate

provisional congress at Richmond where he practiced law.”

Court: D. Ky.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: Democrat

Source: Phillips, Harry, and Samuel S. Wilson. History of the Sixth

Circuit: A Bicentennial Project. . p. .

Montgomery, Martin V.

Oct. , –Nov. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Montgomery & Montgomery,

Lansing, Michigan

Returned to Lansing, Michigan, and formed a partnership with

his brother, R. A. Montgomery, the firm being considered one

of the strongest in the country.

Court: D.D.C.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: “Death of Judge Montgomery.” Washington Post,  Nov.

.

Moody, William H.

Dec. , –July , 

Reason for termination: Age/Health

“Moody’s Supreme Court career was shortened by the

onslaught of a crippling form of arthritis that forced his

retirement in . He returned home to Haverhill, where he

died July , .”

Court: Supreme Court

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Moore, Alfred

May , –Oct. , 

Reason for termination: Age/Health

Citing ill health, Moore returned home and worked on the

development of the University of North Carolina.

Court: Supreme Court

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Adams

Political party: Federalist

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Morrill, Amos

Aug. , –March , 

Reason for termination: Age/Health

“At the close of the spring term of the Federal court at

Galveston, in , Judge Morrill, in consequence of a severe

attack of neuralgia in his face and eyes, and otherwise failing

health, determined to resign his position upon the bench, and

communicated his intention to his friends; upon which the

following correspondence occurred between him and the

leading members of the Galveston bar: ‘. . . After due

consideration, I am inclined to believe that my failing health

requires that I should soon resign the position which for the

past eleven years has afforded me the greatest pleasure . . . ’”

Court: E.D. Tex.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: “Amos Morrill,” in Lynch, James D. The Bench and Bar of

Texas. . pp. –.
 Why Judges Resign

Morris, Hugh Martin

April , –March , 

Reason for termination: Returned to Private Practice

Nature of other employment: Morris, Nichols, Arsht &

Tunnell

Returned to law practice, was a prominent Delaware corporate

lawyer. Morris was criticized for accepting a retainer from

Universal Oil Products Company the day following his

resignation from the federal bench, and only shortly after

ruling in cases involving Universal.

Court: D. Del.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Presser, Stephen B. Studies in the History of the Unites States

Courts of the Third Circuit, –: A Bicentennial Project. .

p. 

Morris, Joseph Wilson

April , –

Reason for termination: Other Employment

Nature of other employment: Senior Counsel, Shell Oil

Company

“A Federal judge in Oklahoma who deserted the oil business

for the groves of academe and the bench, has decided to retrace

some of his steps. District Judge Joseph W. Morris has

announced that he will resign Aug.  to become vice president

and senior counsel of the Shell Oil Company.” [] “While on

the bench I was extremely happy, loved being a Judge and fully

expected to remain on the bench the rest of my life. Out of the

blue an offer was made to me one day by Shell to return as Vice

President and General Counsel. The decision to resign from

the bench was the most difficult personal professional decision

I have ever had to make and clearly one of the considerations

which was important in arriving at a decision was the

inadequate salary of a Judge as compared to the salary and the

fringe benefits available to me as Shell’s General Counsel. The

security for my family was an important consideration in

making the decision to leave the bench.” []

Court: E.D. Okla.

Year of first appointment: 

Date of termination: Aug. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] “Judge in Oklahoma Returns to Shell Oil.” New York

Times,  July . [] “Joseph W. Morris to Judge Irving R.

Kaufman,”  July , appended to memo from Joseph F. Spaniol,

Jr.,  Nov. , in Administrative Office Files.

Morris, Martin Ferdinand

Dec. , –Sept. , 

Reason for termination: Retired

Retired and combined the practice of law with the pursuit of

literature.

Court: D.C. Cir.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: “Judge M. F. Morris Dead.” New York Times,  Sept. .

Mulligan, William H.

March , –

Reason for termination: Inadequate Salary

Nature of other employment: Skadden, Arps, Slate, Meagher &

Flom

“At the same time, inflation has rendered continued judicial

service inequitable. While federal judges serve for life at full

salary, the benefits awarded to their surviving widows are

shockingly low. The failure of President Carter to accept the

recommendations of the Quadrennial Commission was

disappointing and in my view, short sighted. Even had those

recommendations been accepted in full, federal judges would

not have received any real increase but would still be receiving

considerably less than the salary which was received in 

when I joined the bench.” “In order to attract competent and

experienced lawyers to service on the federal bench, they must

be compensated at significantly higher salaries than those now

afforded. Moreover, adequate provision must be made for their

surviving spouses. . . . My concern is the welfare of my family

and at this point in my life, I cannot in good conscience

continue to serve. I have therefore decided to enter the private

practice of law. After full consideration of available

opportunities I have decided to become as of April ,  a

partner of Skadden, Arps, Slate, Meagher & Flom.”

Court: d Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: William H. Mulligan to Ronald Reagan,  Feb. , Files of

the Administrative Office of the United States Courts (Human

Resources Division).
Why Judges Resign 

Mullins, Clarence H.

March , –June , 

Reason for termination: Disability

“He died . . . of a prolonged illness that had forced his

retirement from the federal bench here in .”

Court: N.D. Ala.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: “Lawyers Pay Final Tribute to Ex-Jurist.” Birmingham News, 

July .

Nelson, Samuel

Nov. , –Dec. , 

Reason for termination: Retired

In  President Grant appointed Nelson a member of the

commission to settle the Alabama claims dispute against Great

Britain, and his hard work on the commission finally broke his

health. He retired from the Court the next year.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Tyler

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Nicoll, John C.

Jan. , –Nov. , 

Reason for termination: Loyalty to the Confederacy

Nature of other employment: District Attorney, State of

Georgia

Court: D. Ga.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Nixon, Walter Louis, Jr.

Dec. , –

Reason for termination: Impeachment and Conviction

“Judge Nixon was convicted of perjury after denying in 

before a Federal grand jury and Justice Department

investigators that he intervened in a narcotics case involving the

son of a Hattiesburg, Miss., businessman. Judge Nixon was

acquitted of accepting an illegal gratuity, but evidence

presented at his trial and developed in an impeachment

investigation by the House showed that Judge Nixon discussed

the marijuana case with the Forrest County District Attorney.

After Judge Nixon’s acquittal, the Hattiesburg businessman,

Wiley Fairchild, pleaded guilty to a charge of providing Judge

Nixon with an improper gratuity in the form of an oil and gas

investment in . Judge Nixon paid with , in

promissory notes, and he collected royalties totaling ,.

The written agreement between the two was backdated one

year to a time before Mr. Fairchild’s son, Drew Fairchild, the

manager of the Hattiesburg airport, was indicted on charges of

helping to smuggle a ton of marijuana through the airport.

Judge Nixon’s lawyers have argued that many of the answers

that he gave to the grand jury were technically correct and that

others did not constitute an impeachable offense. The three

articles of impeachment said Judge Nixon ‘has raised

substantial doubt as to his judicial integrity, undermined

confidence in the integrity and impartiality of the judiciary,

betrayed the trust of the people of the United States and

brought disrepute on the Federal courts and the administration

of justice.’” [] “The Senate voted overwhelmingly today to

remove Federal District Judge Walter L. Nixon, Jr. from the

bench by finding him guilty on two of three articles of

impeachment. The -year old former judge, who sat in Biloxi,

Miss., had been convicted in  on perjury charges and

sentenced to five years in prison. . . . The impeachment

proceedings were begun in the House after Mr. Nixon refused

to resign after his conviction. Federal judges have lifetime

tenure and Mr. Nixon has been receiving his annual salary of

,. It stopped today with his conviction.” []

Court: S.D. Miss.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] “Impeachment Voted; Federal Judge Faces a Trial in the

Senate.” New York Times,  May . [] “Senate Convicts U.S.

Judge, Removing Him From Bench.” New York Times,  Nov. .
 Why Judges Resign

Nott, Charles Cooper

Sept. , –March , 

Reason for termination: Retired

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Noyes, Walter

Aug. , –June , 

Reason for termination: Inadequate Salary

Nature of other employment: General counsel for the Delaware

and Hudson Company

“In  Noyes drew nation-wide attention to himself by

resigning from the bench with the statement that his judicial

salary of , was too low for the comfortable maintenance

of his family and the education of his children. Much editorial

comment on low judicial salaries ensued. Noyes resumed

private practice in New York City where he at once assumed a

position of importance at the bar.” [] “The retirement from

the bench and the service of the United States Government of

District Judge Walter C. Noyes, for the deplorable but

sufficient reason that his salary is inadequate for the support of

his family and the equation of his children, should arouse his

thinking fellow-citizens to the need of removing the evil of

which he is the victim.” “But it is vastly more important that

our Federal Judges, many of whom represent the best legal

knowledge in this country, and most of whom are men of the

highest character, should be paid living wages.” “He [Noyes] is

a man of the type that is needed for Judgeships, and his loss is a

matter for national regret.” “But the trouble in Congress is that

when there is any money to spend the members know too well

where to spend it for political advantage.” []

Court: d Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: [] Malone, Dumas, ed. Dictionary of American Biography.

. p. . [] “The Loss of a Good Judge.” New York Times,  June

.

O’Conor, Robert , Jr.

June , –

Reason for termination: Returned to Private Practice

Nature of other employment: O’Conor & Adler

“U.S. District Judge Robert O’Conor, Jr., sometimes the

sharp-witted jester of Houston’s federal courts, and the

presiding judge of the massive school desegregation lawsuit,

announced Tuesday he’s leaving the bench to ‘get back into the

trenches’ as a private lawyer.”

Court: S.D. Tex.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Gerald Ford

Political party: Republican

Source: “O’Conor Will Retire from Federal Bench.” Houston Post, 

Sept. .

Olin, Abram Baldwin

Sept. , –July , 

Reason for termination: Retired

Retired at his own request - died  months later.

Court: D.D.C.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: “Ex-Judge Abraham B. Olin.” New York Times,  July .

Paine, Elijah

Jan. , –April , 

Reason for termination: Age/Health

He was  when he left the bench and died three weeks later.

Court: D. Vt.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Adams

Political party: Federalist

Source: Gregory, John. Centennial Proceedings and Historical

Incidents of the Early Settlers of Northfield, VT With Biographical

Sketches . . . . pp. –.
Why Judges Resign 

Parris, Albion Keith

Jan. , –Feb. , 

Reason for termination: Elected Office

Nature of other employment: Governor of Maine

Served as Governor of Maine, –; U.S. Senator from

Maine, – from which he resigned to accept

appointment as Judge of the Supreme Court of Maine from

–. He then became second comptroller of the U.S.

Treasury from –. He retired to Portland in  and

became mayor in .

Court: D. Me.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: Jeffersonian Democrat

Source:  Fed. Cas. .

Patterson, Robert

Feb. , –Jan. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Assistant Secretary of War

Appointed by President [Franklin D.] Roosevelt as Assistant

Secretary of War. Later served as Secretary of War from –

. [] “The Second Circuit was unwilling to let Patterson go;

his colleagues wanted him to take a leave of absence. At the

request of his brethren, particularly Learned Hand, Judge Clark

twice wrote to Attorney General Robert Jackson asking that no

successor be named so long as there remained a possibility that

Patterson would return to the bench.” []

Court: d Cir.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Republican

Source: [] “Patterson Held Key Post in War.” New York Times, 

Jan. . [] Marvin Schick. Learned Hand’s Court. . p. n.

Peck, Ebenezer

May , –May , 

Reason for termination: Retired

“after nearly  years of judicial service and having reached 

years of age, he retired, effective May ,  and returned to

Chicago. The last time Judge Peck sat on the bench was

February , .”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Peck, John Weld

Feb. , –Aug. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Peck, Schaffer & Williams

Court: S.D. Ohio

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: Phillips, Harry, and Samuel S. Wilson. History of the Sixth

Circuit: A Bicentennial Project. .

Peelle, Stanton Judkins

Feb. , –Sept. , 

Reason for termination: Retired

“Upon his retirement from the court, Justice Peele continued

an active interest in civic and educational matters.”

Court: Ct. Cl.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .
 Why Judges Resign

Pendleton, Nathaniel

Jan. , –Oct. , 

Reason for termination: Inadequate Salary

“The judge resigned from the bench because the compensation

was insufficient to educate his children.”

Court: D. Ga.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: [not available]

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Pennybacker, Isaac Samuels

Sept. , –Jan. , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

Court: W.D. Va.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Martin Van Buren

Political party: Democrat

Source: Biographical Directory of the U.S. Congress, –,

Bicentennial Edition. .

Phillips, Layn R.

Jan. , –

Reason for termination: Inadequate Salary

Nature of other employment: Irell & Manella

“A lifetime appointment to the federal bench is something that

is not given up without considerable thought. Public service

has been my life. Indeed, since my graduation from law school,

my entire professional career has been spent in public service.

While I have considered entering the private sector on several

occasions over the years, I have always opted to remain in

public service. Recently, however, after careful consideration of

the matter with my family, we have decided that it is time for a

change.” “While I believe it would be in my family’s financial

interest to resign sooner, I do not want the Western District of

Oklahoma to suffer another case backlog during the hiatus

between judges as the district did when it was awaiting my

arrival in -. Accordingly, I will agree to stay on until

my successor is appointed, but no longer than June , .”

Court: W.D. Okla.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: Layn R. Phillips to George Bush,  Feb. , Files of the

Administrative Office of the United States Courts (Human Resources

Division).
Why Judges Resign 

Pickering, John

Jan. , –April , 

Reason for termination: Impeachment and Conviction

He suffered a mental breakdown in , and refused to resign

his office. Amid bitter party feuding, he was impeached by the

House of Representatives in  and after a perfunctory trial,

the Senate voted for removal. [] “It probably would have been

best for all had Pickering resigned, but unfortunately neither

the demented judge nor his family would agree to this. The

administration in the person of Albert Gallatin, then

approached William Plumer, one of New Hampshire’s

Federalist senators, and suggested that, unless Pickering

resigned, it would be forced to take stern measures.” []

“Although [President Thomas] Jefferson was now determined

to see Pickering removed, there is every indication that he had

turned to impeachment reluctantly and only as a last resort.”

[] “There was no crossing of party lines on the vote: nineteen

Republicans pronounced Pickering guilty on every charge;

seven Federalists voted for his acquittal.” [] “Pickering was the

first federal judge to be successfully impeached and convicted.”

[]

Court: D.N.H.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: [] Judge Biographical Database, Record , Federal

Judicial History Office, Federal Judicial Center, Washington, D.C. []

Ellis, Richard E. The Jeffersonian Crisis: Courts and Politics in the

Young Republic. . pp. –.

Pitney, Mahlon

Feb. , –Dec. , 

Reason for termination: Age/Health

“Mental and physical stress forced the sixty-four year old justice

to resign after ten years of service. He suffered a stroke in

August  and retired in December. Pitney’s premature death

two years later in Washington, D.C., had been attributed to

the strain of overwork while on the court.”

Court: Supreme Court

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Pollard, Robert N.

June , –May , 

Reason for termination: Age/Health?

“Robert Nelson Pollard, retired Federal judge for the Eastern

District of Virginia, died here today in a hospital after a long

illness.”

Court: E.D. Va.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: New York Times,  May .

Preyer, Lunsford Richardson

Jan. , –

Reason for termination: Sought Elected Office - Defeated

Defeated in his run for Governor, but was eventually elected

several times to the U.S. House of Representatives.

Court: M.D.N.C.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: John F. Kennedy

Political party: Democrat

Source: Various newspaper clippings from the Raleigh News and

Observer,  April ;  Oct. . See also Hewlett, Crockette W.

The United States Judges of North Carolina. . p. .

Priest, Henry Samuel

Feb. , –July , 

Reason for termination: Returned to Private Practice

Nature of other employment: Boyle, Priest & Lehman

“He succeeded Judge Amos Thayer, but resigned after a year’s

service to re-enter private practice, with the firm of Boyle,

Priest & Lehman, now Boyle and Priest.”

Court: E.D. Mo.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Grover Cleveland

Political party: Democrat

Source: “H. S. Priest Dies Suddenly from Heart Disease.” Daily Globe

Democrat,  July .
 Why Judges Resign

Putnam, William LeBaron

May , –Feb. , 

Reason for termination: Retired

“Judge William Putnam, who retired last September of the

United States Circuit Court of Appeals after a service of nearly

thirty years, died at his home here today.”

Court: st Cir.

Year of first appointment: 

Date of termination: Sept. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Democrat

Source: “Judge William LeBaron Putnam.” New York Times,  Feb.

.

Ramirez, Raul A.

March , –

Reason for termination: Inadequate Salary

Nature of other employment: Orrick, Herrington & Sutcliffe

“Saying he is tired of being underpaid and overworked, U.S.

District Judge Raul A. Ramirez of Sacramento announced his

resignation Tuesday and used the event to make a case for

boosting federal judicial salaries.” “The -year-old judge said

he and his colleagues throughout the country should be paid

much more than the current , annual salary.” “‘You

can’t attract good, competent, qualified candidates for the

position of federal judge by paying them one-third of what

they’re worth, by working them  percent harder than you

work anybody else,’ Ramirez said.” “In defending his move to

private practice, Ramirez said he wants to be able to send his

four children to private colleges a privilege he cannot afford on

his current salary.”

Court: E.D. Cal.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: “Judge Ramirez Resigns, Cites Low Pay, Workload.” Sacramento Bee,  Nov. .

Rasch, Carl L.

May , –Feb. , 

Reason for termination: Dissatisfaction with Office

Nature of other employment: Private Practice

“I feel like a man who has had a mighty load lifted from his

shoulders. If I were ten or fifteen years older I might consider

staying on the bench, but I am not yet ready for the constraint

which hedges about this position. It doesn’t comport with my

temperament. I like to have my friends, a man on the bench

cannot have real friends. When I meet a man I know and like, I

want to slap him on the back if I feel that way and ask him to

have a drink. You can’t do that when you’re a federal judge.”

Court: D. Mont.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: Republican

Source: “Judge Rasch Now Private Citizen.” Helena Independent, 

Oct. .

Reed, James Hay

Sept. , –June , 

Reason for termination: Returned to Private Practice

Nature of other employment: Knox & Reed (now Reed, Smith,

Shaw & McClay)

“Mr. Reed was nominated to the District Court, resigned

within a year, and the firm of Knox and Reed resumed its

activities.”

Court: W.D. Pa.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: “Ex-Judge J. H. Reed Dies in th Year.” Philadelphia

Inquirer,  June .
Why Judges Resign 

Reed, John A., Jr.

June , –

Reason for termination: Returned to Private Practice

Nature of other employment: Lowndes, Drosdick, Doster &

Reed

“Reed would not discuss his plans but a law firm in Orlando

said it has hired him.” “Reed said he was returning to ‘private

life,’ but said judicial ethics prevented him from disclosing

those plans. Attorney John Lowndes, a longtime friend and a

classmate of Reed’s at Duke University Law School in the s

confirmed reports that Reed would be joining his firm of

Lowndes, Drosdick, Doster & Kantor in Orlando on Feb.  as

a partner.” “‘After  years on the bench, I think I’ve made my

contribution.’” With tears in his eyes, he said he had been

contemplating starting a second career for the past year. ‘I want

to go off the bench the same way I came on - with a great deal

of respect for the position.’” “Although he likely will make

more money in private practice, he said money was not a factor

in his decision.” “Lowndes said Reed also told him he ‘wanted

another challenge.’ Others who know Reed said another factor

may have been his disappointment at being passed over for a

seat on a federal appellate court.”

Court: M.D. Fla.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: “U.S. Judges Young, Reed to Resign.” The Orlando Sentinel,

 Oct. .

Renfrew, Charles B.

Oct. , –

Reason for termination: Appointment to Other Office

Nature of other employment: Deputy Attorney General of the

United States

“Having served as a U.S. District Judge for the Northern

District of California since February , , and having been

nominated by you and confirmed by the United States Senate

as Deputy Attorney General of the United States, I hereby

tender my resignation as a U.S. District Judge, effective upon

my taking the oath and assuming the responsibilities of Deputy

Attorney General.”

Court: N.D. Cal.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: Charles B. Renfrew to Jimmy Carter,  Feb. , Records of

the Administrative Office of the United States Courts (Human

Resources Division).

Rifkind, Simon Hirsch

June , –

Reason for termination: Inadequate Salary

Nature of other employment: Paul, Weiss, Rifkind, Wharton

& Garrison

“Simon Rifkind, himself a federal district judge from –

, when he resigned with a complaint that he was ‘unable to

maintain a reasonable standard of living’ on the , salary

then earned by judges. (As a partner in Paul, Weiss, Rifkind,

Wharton & Garrison, he now does perhaps ten times that

well.)”

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Goulden, Joseph C. The Benchwarmers: The Private World of

the Powerful Federal Judges. . p. .

Ringo, Daniel

Oct. , –Sept. , 

Reason for termination: Loyalty to the Confederacy

“Daniel Ringo resigned his commission as Federal district

judge and on May , , was confirmed as the Confederate

judge.”

Court: D. Ark.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Zachary Taylor

Political party: Whig

Source: Beers, Henry Putnam. The Confederacy. A Guide to the

Archives of the Confederate States of America. . p. .
 Why Judges Resign

Rippey, Harlan Watson

Sept. , –March , 

Reason for termination: Appointment to Other Office

Nature of other employment: Justice, New York State Court of

Appeals

“Although Judge Rippey had a distinguished career, he served

in the Western District for only two years before leaving the

federal bench to become an Associate Judge of the New York

State Court of Appeals. He remained there until , when he

retired at the age of .”

Court: W.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: United States Courts in the Second Circuit, A Collection of

History Lectures delivered by Judges of the Second Circuit. . p.

.

Ritter, Halsted L.

July , –Oct. , 

Reason for termination: Impeachment and Conviction

Seven articles of impeachment were voted by the House against

him. The Senate convicted him only of Article VII, by a /

vote. He was charged with income tax evasion, awarding

excessively large sums to a former law partner, and bartering his

judgment in a suit between the Florida Power and Light

Company and the City of Miami. He was acquitted of the six

specific charges, but convicted of Article VII, which charged

that because of specific misdoings, [he] was unfit to hold office

as a Judge. He always contended that this was improper, that

having been acquitted of all specific charges, [he] should have

been as a matter of law, acquitted under Article VII. []

“Halsted L. Ritter’s experience produced two results new to

impeachment history. The First concerns the vote by which the

Senate declared him innocent, at least technically, of all the

precise charges laid against him and then found him guilty on

an omnibus article that included all the allegations of which it

had just proclaimed him not guilty. Senators voting guilty on

the cumulative article must have decided that multiple

accusations, even if not accepted as separately proved by the

requisite majority, somehow created a pattern of misconduct

meriting conviction. The second unusual aspect of the

proceedings concerned Judge Ritter’s response to being found

guilty on a potpourri article and then removed from office. He

sued in the Court of Claims for his salary, basing his argument

on the grounds that the charges levied against him did not fit

constitutional standards for impeachable acts and the Senate

had no right to find him not guilty on allegations presented in

six specific articles and guilty on the seventh, ‘which charged

only matters which were contained in the prior articles.’ The

five-member Court of Claims, noting that a challenge to an

impeachment decision had never before been presented to a

federal court, held that no tribunal except the Senate had

jurisdiction in an impeachment; courts did not have authority,

the judges said, to review or set aside a Senate verdict.”

Court: S.D. Fla.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C. See also

Bushnell, Eleanore. Crimes, Follies, and Misfortunes: The Federal

Impeachment Trials. . pp. –.
Why Judges Resign 

Rutledge, John

Sept. , –June , 

Reason for termination: Appointment to Other Office

Nature of other employment: Chief Justice, Supreme Court of

South Carolina

Rutledge resigned to accept what he “considered to be a more

prestigious position - Chief Justice of the Supreme Court of

South Carolina.” [] “Although Rutledge accepted the

commission, he was unable to attend any of the meetings of the

Supreme Court but did serve on the circuit. He did not remain

long on the Court, however; in March, , he resigned his

commission to become chief justice of the South Carolina

Court of Common Pleas.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: [not available]

Source: [] Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. . [] Marcus, Maeva, and

James R. Perry, eds. The Documentary History of the Supreme Court

of the United States, –. Volume , Part , Appointments and

Proceedings. . p. .

Saunders, Eugene Davis

July , –Oct. , 

Reason for termination: Inadequate Salary

Nature of other employment: Saunders, DuFour & DuFour

“Accepted appointment at considerable personal sacrifice

because his law practice was heavy.” Resigned to resume

practice.

Court: E.D. La.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Democrat

Source: “Judge Saunders Passes to Death in Virginia Home.” New

Orleans Times-Picayune,  Oct. .

Savage, Royce H.

March , –

Reason for termination: Other Employment

Nature of other employment: General Counsel, Gulf Oil

Corporation -; Boone, Smith, Davis & Minter

“When U.S. District Judge Royce H. Savage left his post to

become general counsel to Gulf Oil Corporation less than two

years after he had acquitted that company (and twenty-eight

others) of criminal antitrust charges, President Kennedy

accepted the resignation without the usual thanks, but with the

observation: ‘I think that the reason that [judges] are appointed

for life is so that there can . . . be no actual improprieties [and]

no appearance of impropriety. . . . I don’t think that anyone

should accept a Federal judgeship unless prepared to fill it for

life because I think the maintenance of the integrity of the

judiciary is so important.’” The New York Times, editorializing

on the same subject, was more direct: “No one has suggested,

nor is there the slightest grounds for thinking, that Judge

Savage was moved by improper considerations in the anti-trust

case; and there is no law against his now going to work for

Gulf. Nevertheless, he showed poor judgment in doing so,

because his action tends to lessen public confidence in the

independence and integrity of the Federal judiciary.”

Court: N.D. Okla.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: David Stein. Judging the Judges. . pp. –.

Scalera, Ralph Francis

June , –

Reason for termination: Returned to Private Practice

Nature of other employment: Thorp, Reed & Armstrong

Court: W.D. Pa.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.
 Why Judges Resign

Scarburgh, George Parker

Feb. , –Dec. , 

Reason for termination: Loyalty to the Confederacy

“Judge Scarburgh may not have formally resigned. His name

last appears in court records on April , . He apparently

chose loyalty to the Confederacy. He practiced law during the

Civil War in Halifax County, VA.” [] When the Civil War

began and Virginia seceded, Judge Scarburgh left the court -

never returning and never officially resigning. []

Court: Ct. Cl.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: [] Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . pp. –. [] Judge

Biographical Database, Record , Federal Judicial History Office,

Federal Judicial Center, Washington, D.C.

Schwellenbach, Lewis Baxter

Sept. , –June , 

Reason for termination: Appointment to Other Office

Nature of other employment: Secretary of Labor

Court: E.D. Wash.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C.

Scofield, Glenni William

March , –Aug. , 

Reason for termination: Retired

Court: Ct. Cl.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Garfield

Political party: Republican

Source: Bennett, Marion T. The United States Court of Claims, A

History. Part I. The Judges, –. . p. .

Scott, Thomas E.

April , –

Reason for termination: Returned to Private Practice

Nature of other employment: Steel, Hector & Davis

“U.S. District Judge Thomas E. Scott of Miami decided to

retire from the bench at age  after five years as a state judge

and five more on the federal level.” “Scott will more than

double his , salary after he joins the Miami law firm of

Steel, Hector and Davis on October . But he said his

comparative pay as a judge was only one of his frustrations. In

his resignation speech Thursday, Scott appealed for more

support for judges in the war on drugs. ‘Constantly at odds

with a Congress that does not address its needs and

problems . . . they face a daily struggle against threats of

physical violence, overburdened crime calenders and limited

resources,’ he said.”

Court: S.D. Fla.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: “Job is Too Much, Federal Judges Say.” St. Petersburg Times,

 Oct. .

Sessions, William S.

May , –

Reason for termination: Appointment to Other Office

Nature of other employment: Director, Federal Bureau of

Investigation

Court: W.D. Tex.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Gerald Ford

Political party: Republican

Source: Files of the Administrative Office of the United States Courts

(Human Resources Division).
Why Judges Resign 

Sewall, David

Oct. , –Oct. , 

Reason for termination: Age/Health

In his letter of resignation to Secretary of State, John Quincy

Adams dated January , , Sewall said: “—having officiated

as Judge of the district Court of Maine for  years without for

once being prevented attending its duties by any providential

event. I think my age and the distance, from the place where

the Courts are holden render it uncertain whether I shall

hereafter be able to attend I therefore inclose my Resignation of

the Said Office, which you are desired to lay before the

President to the end a successor may be seasonably appointed.”

Court: D. Me.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: Sewall, Frank. “Biographical Data and Letters of the Hon.

David Sewall, LL.D. of York,” in Collections and Proceedings of the

Maine Historical Society. nd Series, Vol. . . p. .

Shannon, Fred

Dec. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Shannon & Weidenbach, San

Antonio, Texas

Court: W.D. Tex.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Telephone conversation with the Clerk of the Court for the

Western District of Texas,  March .

Sherman, Charles Taylor

Feb. , –Jan. , 

Reason for termination: Allegations of Misbehavior

“it appears by the letters of Charles T. Sherman, a judge of the

district court of the United States for the northern district of

Ohio, that he proposed to corruptly control legislation for

money, to be paid to him by the stock exchange of New York,

and subsequently insisted on such payment on the ground of

such control, and threatened adverse legislation if the same was

not paid. . . . ” Judge Sherman resigned before consideration by

the next House of Representatives.

Court: N.D. Ohio

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Johnson

Political party: [not available]

Source: Borkin, Joseph. The Corrupt Judge: An Inquiry Into Bribery

and Other High Crimes and Misdemeanors in the Federal Courts.

. pp. –. See also  Hinds’ Precedents § . . p. .

Shipman, Nathaniel

Aug. , –June , 

Reason for termination: Retired

“When Shipman retired in ill health, the ‘Connecticut’ seat was

filled by the man who succeeded him as District Judge,

William Townsend.”

Court: d Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Morris, Jeffrey B. Federal Justice in the Second Circuit: A

History of the United States Courts in New York, Connecticut and

Vermont. . p. .
 Why Judges Resign

Shipman, William Davis

Dec. , –Sept. , 

Reason for termination: Inadequate Salary

Nature of other employment: Barlow, Shipman & MacFarland

“His retirement from the bench, which he had so signally

adorned, is mainly due to the inadequate compensation which

the position brings him, the salary being only ,, a very

insignificant amount in comparison to what he would receive

from the practice of his profession. It is understood that he will

at once, after vacating the judgeship, form a copartnership with

the prominent legal firm of Barlow, Laroequa and MacFarland

in New York under the name of Barlow, Shipman and

MacFarland, and this connection will insure him a very large

annual income.”

Court: D. Conn.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Buchanan

Political party: Democrat

Source: “Judge Shipman’s Resignation.” Hartford Courant,  April

.

Shiras, George, Jr.

Jan. , –Aug. , 

Reason for termination: Retired

“He retired as he had earlier resolved to do, at the age of

seventy-one, and lived out the years of his retirement in quiet

comfort . . . ”

Court: Supreme Court

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: [not available]

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Shiras, Oliver Perry

Oct. , –Jan. , 

Reason for termination: Retired

“Hon. Oliver Perry Shiras, recently retired and now residing at

the Wales Hotel, Dubuque.”

Court: N.D. Iowa

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Chester A. Arthur

Political party: Republican

Source: Goodspeed, Kenneth Cornell. History of Dubuque County,

Iowa. p. .

Smalley, David Allen

April , –March , 

Reason for termination: Age/Health

“A paralytic stroke impaired his physical powers in July, .

In consequence of this, Congress passed an act in February,

, authorizing him to retire from labor, and continuing his

salary. Partial restoration induced him to decline the proffered

privilege. But in February, , he tendered his resignation

which was accepted, and was to take effect from the

appointment of his successor. On the th of March, ,

Judge Smalley died at his own residence in Burlington.”

Court: D. Vt.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: The State of Vermont. n.d. p. .
Why Judges Resign 

Smith, Sidney Oslin, Jr.

Dec. , –

Reason for termination: Inadequate Salary

Nature of other employment: Alston, Miller & Gaines

“Smith, , joined the Atlanta, Ga., law firm of Alston, Miller

& Gaines. Salary ‘wasn’t the sole consideration’ for Smith. He

hadn’t had a vacation in three years; he couldn’t get a clear

direction from the appellate courts, particularly with respect to

civil rights cases; and the backlog kept building — ‘it doubled

last year in spite of everybody just killing themselves down

there,’ Smith said. On top of that, Congress was alternately

deaf and cavalier to the desperate need for more federal judges.

So, Smith resigned. It took eight and one-half months to

appoint his successor.” [] “As you are aware, I served as

District Judge, Northern District of Georgia, from  until

, the last six years as Chief Judge. At that time, I resigned

to join this law firm. I have been asked many times whether

salary was a factor in my decision. While there were other

important considerations involved, obviously it was. At the

time I was  years old and had been a Judge for  years. I had

two children in college and one only a year away. I had missed

some productive years and, therefore, did not have any personal

estate to fall back on. Indeed, what resources I had were

diminishing during these expensive years and through eroding

inflation. When I realized what rewards were available in

private practice, I felt I owed my family this new opportunity.

Excepting only those who have inherited wealth or those who

go on the bench at an age after they have accumulated some

security, most lawyers aged - can serve only at great

sacrifice. I am certain the courts are missing many fine persons

with the talent and inclination to serve because of inadequate

compensation.” []

Court: N.D. Ga.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: [] Chapin, Pat. “The Judicial Vanishing Act.” Judicature Vol.

, No.  (Nov. ), p. . [] “Sidney O. Smith, Jr. to Judge Irving

R. Kaufman,”  July , appended to memo from Joseph F.

Spaniol, Jr.,  Nov. , in Administrative Office Files.

Sneeden, Emory M.

May , –Sept. , 

Reason for termination: Inadequate Salary

Nature of other employment: McNair Law Firm

“Since taking a seat on the Court, my family circumstances

have significantly changed. As a result, it is for financial reasons

that I must return to private practice.” [] After his resignation,

Judge Sneeden joined the McNair Law Firm in Columbia,

South Carolina. He died not long after he left the bench, in

late September . []

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: [] Emory M. Sneeden to Ronald Reagan,  Jan. ,

Records of the Administrative Office of the United States Courts

(Human Resources Division). [] Telephone conversation,  March

, with Sam Phillips, th Circuit Executive.

Sofaer, Abraham

May , –

Reason for termination: Appointment to Other Office

Nature of other employment: Legal Advisor, United States

Department of State

“I wasn’t surprised by the time I was offered the job (State

Department’s Legal Advisor). Someone asked me if I would be

interested in being considered. I realized that I would be

interested. I anticipated I would find the work very interesting,

having written a lot in the area of foreign affairs and about

constitutional power and war making. I was also influenced

because I have tremendous admiration for George Shultz even

though I had not then met him. This was in addition to the

fact that I thought Ronald Reagan was running our foreign

policy very well and restoring confidence in American

government. So I felt it was an interesting possibility and I

allowed the consideration of my name to go forward and

eventually the Secretary offered me the job.”

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Jimmy Carter

Political party: Democrat

Source: Sofaer, Abraham. Interview by Alice O’Donnell. Dec. .

Transcript. Federal Judicial History Office, Federal Judicial Center,

Washington, D.C.
 Why Judges Resign

Sprague, Peleg

April , –Oct. , 

Reason for termination: Age/Health

“He retired from the bench in  because of failing health

and was entirely blind for the last sixteen years of his life.”

Court: D. Mass.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Tyler

Political party: Whig

Source: Malone, Dumas, ed. Dictionary of American Biography. .

p. .

Starr, Kenneth W.

July , –

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Solicitor General

Court: D.C. Cir.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Ronald Reagan

Political party: Republican

Source: Files of the Administrative Office of the United States Courts

(Human Resources Division).

Stephens, William

Jan. , –Aug. , 

Reason for termination: Allegations of Misbehavior

In  the House began an inquiry into the conduct of Judge

Stephens, but did not specify upon what grounds. On

November ,  the House discontinued the investigation

upon learning of Judge Stephens’s resignation.

Court: D. Ga.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: John Adams

Political party: Jeffersonian Republican

Source:  Hinds’ Precedents § . . See also Borkin, Joseph. The

Corrupt Judge: An Inquiry Into Bribery and Other High Crimes and

Misdemeanors in the Federal Courts. . pp. –.

Stern, Herbert J.

Nov. , –

Reason for termination: Returned to Private Practice

Nature of other employment: Hellring, Lindeman, Goldstein,

Siegal & Greenberg

“will join the Newark-based law firm of Hellring, Lindeman,

Goldstein, Siegal & Greenberg.” [] “Judge Stern, who lives

with his wife and four children in Hoboken, acknowledged

that resigning his life tenure on the bench and entering private

law practice runs counter to the norm. While most lawyers

look at a position on the bench as the high point of their

careers, he said, ‘I don’t want to look back some day and find

that I never represented an individual, that I never represented

a private case.’”[]

Court: D.N.J.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] “Federal Judge Leaving Bench.” New York Times,  Oct.

. [] “Judge’s Years with U.S.: From Malcolm X to Berlin.” New

York Times,  Nov. .
Why Judges Resign 

Story, William

April , –June , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: Lt. Governor, State of Colorado

(–)

Resigned to avoid impeachment. [] “the committee had found

the expenditures of Story’s court to be ‘extraordinarily large’

and not always supported by vouchers; that the investigation

had revealed a ‘most lamentable state of morals among the

court officials’ of the Western District; that Story had signed

blank accounts current for the marshal to fill in at the latter’s

discretion; that Story had allowed bail for persons convicted of

capital crimes while they were awaiting sentence, and while

motions were pending for new trials, which motions were never

acted on; and that Judge Story’s testimony before the

committee had been ‘lame, disconnected and unsatisfactory.’”

[] “which office he resigned in July, , and, in the hope of

recovering his health, which had been greatly shattered,

removed to Denver, Colo., where he resided for three years. In

 he was nominated by the Republican party and elected

lieutenant-governor of Colorado - running largely ahead of his

ticket in that portion of the state in which he was best known.”

[]

Court: W.D. Ark.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] Arkansas Gazette,  June ;  June

. [] Portrait and Biographical Record of the State of Colorado.

. p. .

Strong, William

May , –Aug. , 

Reason for termination: Retired

“The case of Strong’s retirement is an interesting one and one

to prove the opposite of ‘the men of the Court seldom die and

never retire.’ Strong left at the height of his capabilities,

reasoning he would rather leave when people say ‘Why does

he?’ than to wait until the comment is ‘Why doesn’t he?’” []

“After his retirement from the Court, Strong - then seventytwo - devoted himself to religious work, something he had

begun while still on the bench. From -, he was

president of the American Sunday School Union; he also served

as vice president of the American Bible Society from  to

, and was president of the American Tract Society from

-.” []

Court: Supreme Court

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Democrat

Source: [] Goff, John S. “Old Age and the Supreme Court,” in Glenn

R. Winters, ed. Selected Readings: Judicial Discipline and Removal.

. p. . [] Witt, Elder. Congressional Quarterly’s Guide to the

U.S. Supreme Court, nd Edition. . p. .

Taft, William Howard

Sept. , –March , 

Reason for termination: Appointment to Other Office

Nature of other employment: President, Philippine Commission; Chief Justice, U.S. Supreme Court; President of the

United States

Left Circuit for other government service - appointed President

of Philippine Commission. Later served on U.S. Supreme

Court and was President of the United States.

Court: th Cir.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Benjamin Harrison

Political party: Republican

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . pp. –.
 Why Judges Resign

Tait, Charles

Feb. , –Oct. , 

Reason for termination: Other Employment

Nature of other employment: Planter

“In May  President Monroe appointed him first federal

judge of the District of Alabama. Retiring in , he devoted

himself to planting on land he owned in Wilcox County and to

scientific study.” [] Charged with improper, corrupt, and

extrajudicial conduct, he was exonerated by the House

Judiciary Committee in –. []

Court: D. Ala.

Year of first appointment: 

Date of termination: Feb. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: Jeffersonian Democrat

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry Into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] Malone, Dumas, ed. Dictionary of

American Biography. . p. .

Tallmadge, Matthias Burnett

March , –Oct. , 

Reason for termination: Allegations of Misbehavior

In February of , the House inquired into the conduct of

Judge Tallmadge for allegedly failing to hold terms of the

district court. The committee found that at certain times he

had failed to sit, but also found that since  his health had

been extremely delicate and that “any unusual agitation of

mind, invariably produced severe sickness, so as to disqualify

him for any official duties; and that his life was prolonged by

visiting a more genial climate in the winter season. . . . The

committee are of opinion that there is nothing established in

the official conduct of Judge Tallmadge to justify the

constitutional interposition of the House.” The report was laid

on the table.

Court: D.N.Y.

Year of first appointment: 

Date of termination: July , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Thomas Jefferson

Political party: Jeffersonian Democrat

Source: 3 Hinds’ Precedents §  (). See also Borkin, Joseph.

The Corrupt Judge: An Inquiry Into Bribery and Other High Crimes

and Misdemeanors in the Federal Courts. . pp. –.

Thacher, Thomas Day

Sept. , –Nov. , 

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Solicitor General

“He left the bench to accept an appointment by President

Hoover as Solicitor General, serving for three years.”

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Calvin Coolidge

Political party: Republican

Source: “Thomas Thacher, Noted Jurist, .” New York Times, 

Nov. .

Thomas, Edwin Stark

Nov. , –Jan. , 

Reason for termination: Allegations of Misbehavior

Implicated in Manton scandal, but suffered a collapse and

entered a mental institution. [] “Judge Thomas resigned the

Federal Post April , , while he was ill at the Hartford

Retreat (now the Institute of Living) with nervous disorders

which friends attributed to circumstances under which he had

been questioned by a federal grand jury. The case concerned a

multi-million dollar swindle involving officials of McKesson

and Robbins, Inc. Investigation led eventually to a , fine

and Federal penitentiary sentence for United States Circuit

Court Judge Martin T. Manton who was charged with

conspiracy to obstruct justice before his own bench. Attorney

General Frank Murphy announced that Judge Thomas’s

resignation ‘made it unnecessary to give further consideration

to the question of impeachment.’ But none of Judge Thomas’s

grand jury testimony was ever disclosed and no punitive action

was taken against him. During the investigation, Judge Thomas

said repeatedly that ‘he had nothing to conceal.’ His friends

bitterly denounced the manner of the Federal investigation into

the Judge’s personal and financial affairs.” []

Court: D. Conn.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Woodrow Wilson

Political party: Democrat

Source: [] Morris, Jeffrey B. Federal Justice in the Second Circuit: A

History of the United States Courts in New York, Connecticut and

Vermont,  to . . [] “E. S. Thomas, Former U.S. Judge,

Dies.” Hartford Courant,  Jan. .
Why Judges Resign 

Tone, Phillip W.

April , –

Reason for termination: Dissatisfaction with Office

“Tone entered on duty with the United States District Court

for Northern Illinois on March , . On May ,  he

entered on duty with the Court of Appeals for the Seventh

Circuit.” [] “On March , , Judge Tone wrote to the

President setting his effective date of termination for April ,

, “to spend the rest of my career in the practice of law.” []

“Joe Spaniol has asked that I write you a letter indicating

whether inadequate salary was a consideration in my decision

to resign from the United States Court of Appeals for the

Seventh Circuit. My decision was based upon a number of

considerations. I cannot say that the inadequacy of the salary

was the decisive factor, although it was a festering problem in

our family during the entire time I was on the bench. If the

other reasons for my decision had not existed, I probably would

have remained on the bench despite the salary. Nevertheless,

the fact that the compensation of a judge is a minor fraction of

the amount he can earn as a practicing lawyer is bound to be a

factor in the judge’s weighing of all the considerations that go

into the decision of whether to remain on the bench for the rest

of his life or return to the practice of law.” [] “Sources said

Mr. Tone left the bench because he missed the work of a trial

lawyer.” []

Court: th Cir.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: [] Files of the Administrative Office of the United States

Courts (Human Resources Division). [] “Philip W. Tone to Judge

Irving R. Kaufman,” 8 Aug. , appended to memo from Joseph F.

Spaniol, Jr.,  Nov. , in Administrative Office Files. [] New

York Times,  Aug. .

Travia, Anthony John

Feb. , –

Reason for termination: Dissatisfaction with Office

Nature of other employment: Private Practice

“Judge Anthony J. Travia, saying he wanted ‘a little rest and

more time for his family’, announced his intention to resign

from the bench of the Federal Court for the Eastern District of

New York at the end of November. Although at the age of ,

Judge Travia is seven years short of the official retirement age

for Federal district judges and will relinquish his , a year

salary as well as his Federal pension rights by resigning, the

judge said he had been last year. After a vacation with his wife,

Judge Travia said, he will enter private practice as a lawyer.”

Court: E.D.N.Y.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Lyndon B. Johnson

Political party: Democrat

Source: “Judge Anthony J. Travia, , Is Resigning From U.S. Court

to Seek ‘Rest.’” New York Times,  Oct. .

Treat, Samuel

Dec. , –Aug. , 

Reason for termination: Retired

“For thirty years Judge Treat performed the duties of this office

and only resigned in , because old age made the duties of

his office too laborious.”

Court: E.D. Mo.

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin Pierce

Political party: Democrat

Source: “Some of Our Grand Old Men.” St. Louis Star,  April .

Troup, Robert

Jan. , –Jan. , 

Reason for termination: Returned to Private Practice

Returned to private practice and later held various other

government positions.

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: George Washington

Political party: Federalist

Source: Morris, Jeffrey B. Federal Justice in the Second Circuit: A

History of the United States Courts in New York, Connecticut and

Vermont,  to . .
 Why Judges Resign

Tucker, St. George

July , –Nov. , 

Reason for termination: Age/Health

“Resigned by reason of ill health.”

Court: D. Va.

Year of first appointment: 

Date of termination: June , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Madison

Political party: Jeffersonian Democrat

Source: Virginia Law Register. Vol. : May –April . p. .

Tyler, Harold R., Jr.

May , –

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Deputy Attorney General

“Judge Tyler has now succumbed to the lure of Washington,

however, and he welcomed his nomination yesterday to

become the Deputy Attorney General. The tall lean  year old

judge said . . . he wanted to help Attorney General Edward H.

Levi in the ‘restoration of the organization, the personnel and

the soul, really, of the department.’” [] “His new post, which is

subject to confirmation by the Senate, would pay , a

year, , more than his salary as a judge.” []

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: John F. Kennedy

Political party: Republican

Source: [] “Choice at Justice.” New York Times,  March . []

“Ford Picks Judge For Justice Post.” New York Times,  March .

Veeder, Van Vechten

July , –Dec. , 

Reason for termination: Returned to Private Practice

Nature of other employment: Burlingham, Veeder, Clark &

Hupper

“He resigned to enter the private practice of law.”

Court: E.D.N.Y.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William H. Taft

Political party: [not available]

Source: “Van V. Veeder Dies; Federal Ex-Jurist.” New York Times, 

Dec. .

Vinson, Fred Moore

Jan. , –Sept. , 

Reason for termination: Appointment to Other Office

Nature of other employment: Director, Office of Economic

Stabilization, –; Administrator, Federal Loan Agency,

; Director, Office of War Mobilization and Reconversion,

; Secretary of the Treasury, –; Chief Justice, U.S.

Supreme Court, –

Court: D.C. Cir.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . p. .

Walker, Thomas G.

Dec. , –

Reason for termination: Other Employment

Nature of other employment: Counsel, New Jersey Bell

Telephone Company

“Judge Thomas Glynn Walker resigned from the court January

 to become counsel for the New Jersey Bell Telephone

Company.”

Court: D.N.J.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Franklin D. Roosevelt

Political party: Democrat

Source: “Meeting Stirs Political Talk.” Trenton Evening News,  Jan.

.

Wallace, William James

April , –March , 

Reason for termination: Retired

Nature of other employment: Private Practice

“In  Judge Wallace became the first presiding judge of the

newly established Court of Appeals for the Second Circuit,

serving in that capacity until his retirement in  to join a

law firm with a Wall Street address.”

Court: N.D.N.Y.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Ulysses S. Grant

Political party: Republican

Source: United States Courts in the Second Circuit: A Collection of

History Lectures delivered by Judges of the Second Circuit. Published

by the Federal Bar Council Foundation. . p. .
Why Judges Resign 

Walsh, Lawrence Edward

Jan. , –

Reason for termination: Appointment to Other Office

Nature of other employment: U.S. Deputy Assistant Attorney

General

Judge Walsh served as U.S. Deputy Assistant Attorney General

from – and was President of the American Bar

Association from –. He was also appointed independent

counsel for the Iran-Contra investigation in . Walsh has

also been a partner in the firm of Davis, Polk and Wardwell,

– and counsel to the firm of Crowe and Dunlevy of

Oklahoma City,  to the present.

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Dwight Eisenhower

Political party: [not available]

Source: Marquis Who’s Who in America –. th Edition. Vol.

. .

Ware, Ashur

Feb. , –Sept. , 

Reason for termination: Age/Health

“resigned after a judicial service of more than forty-four years.”

Court: D. Me.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: Jeffersonian Democrat

Source:  Fed. Cas. .

Watrous, John Charles

Aug. , –June , 

Reason for termination: Age/Health

“After his appointment to the federal bench, he became the

object of severe criticism because of his personal connections

with land speculation in Texas. The alleged relation of Watrous

to an attempt to validate forged land certificates resulted in the

Texas Legislature passing a resolution in  asking the judge

to resign. Impeachment proceedings against him began in the

United States House of Representatives in January, , with

the presentation of three petitions or memorials. The main

charges against him were violating Texas statutes punishing

those dealing in fraudulent land certificates, misusing his

judicial influence, and holding sessions of court improperly.

After numerous investigations the case was dropped by a vote

of  to  on December , . Memorials continued to be

presented to each succeeding Congress; Sam Houston, on

February , , made a scathing attack on Watrous, and A. J.

Hamilton prosecuted the impeachment until the adjournment

of Congress on March , . Watrous was inactive during the

Civil War when the district courts in Texas were under the

Confederate government, but he resumed his seat at the end of

the war and presided until  when he was stricken with

paralysis and forced to resign.

Court: D. Tex.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Knox Polk

Political party: Whig

Source: Judge Biographical Database, Record , Federal Judicial

History Office, Federal Judicial Center, Washington, D.C. See also

Borkin, Joseph. The Corrupt Judge: An Inquiry Into Bribery and

Other High Crimes and Misdemeanors in the Federal Courts. .

pp. –; Webb, Walter Prescott, ed. The Handbook of Texas,

Volume II. . pp. –.

Webb, Nathan

May , –Nov. , 

Reason for termination: Retired

“Judge Webb resigned from the bench some months ago on

account of failing health.”

Court: D. Me.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Chester A. Arthur

Political party: Republican

Source: “Judge Nathan Webb Is Dead.” Bangor Daily News,  Nov.

.
 Why Judges Resign

Webster, William Hedgcock

March , –

Reason for termination: Appointment to Other Office

Nature of other employment: Director, Federal Bureau of

Investigation, –; Director, Central Intelligence Agency,

–; Private Practice, Millbank, Tweed, Hadley &

McClay, –present

Court: th Cir.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Last Appointing President: Richard Nixon

Political party: Republican

Source: Marquis Who’s Who in America –. th Edition. Vol.

. .

Wheeler, Hoyt Henry

Aug. , –Nov. , 

Reason for termination: Retired

Never recovered from wife’s death - developed an “insidious

disease.”

Court: D. Vt.

Year of first appointment: 

Date of termination: Oct. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Rutherford B. Hayes

Political party: Republican

Source: Vermont Bar Association: Officers, Proceedings, Papers and

Addresses. .

Whittaker, Charles Evans

Feb. , –Nov. , 

Reason for termination: Age/Health

“Physically exhausted from overwork, Whittaker followed his

doctor’s advice and resigned from the Court at the age of 

after only five years of service.”

Court: Supreme Court

Year of first appointment: 

Date of termination: March , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Dwight Eisenhower

Political party: [not available]

Source: Witt, Elder. Congressional Quarterly’s Guide to the U.S.

Supreme Court, nd Edition. . pp. –.

Wilkins, Ross

Feb. , –May , 

Reason for termination: Age/Health

“resigned, never having been absent a term in  [sic] years.”

Court: D. Mich.

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Andrew Jackson

Political party: [not available]

Source: Michigan Biographies. Vol. II, L–Z. . p. .

Wilkins, William

Dec. , –June , 

Reason for termination: Elected Office

Nature of other employment: United States Senate

Served in the U.S. Senate from March , –June , .

Court: W.D. Pa.

Year of first appointment: 

Date of termination: Jan. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: James Monroe

Political party: National Republican

Source: Pennsylvania Biographical Dictionary. p. . See also Presser,

Stephen B. Studies in the History of the United States Courts of the

Third Circuit, –: A Bicentennial Project. .

Wing, Francis Joseph

Sept. , –Feb. , 

Reason for termination: Returned to Private Practice

“He resigned December , , to resume the practice of

law.”

Court: N.D. Ohio

Year of first appointment: 

Date of termination: Dec. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: William McKinley

Political party: [not available]

Source: “Ex-Federal Judge Francis J. Wing.” New York Times,  Feb.

.
Why Judges Resign 

Winslow, Francis Asbury

Oct. , –March , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: Private Practice

“Resigned after the Grand Jury charged him with indiscretions,

and on the day the House investigation was to begin, .” []

“The major charges against Judge Winslow stemmed from his

appointment of bankruptcy receivers and from his relation with

some of the lawyers in question. ‘U.S. Attorney Tuttle was told

by Chief Judge Knox to investigate and “follow the evidence,

no matter to whom [it] may lead.”’” [] “On April , , he

resigned, giving as his reason the fear that the financial drain of

fighting the charges would be too great.” []

Court: S.D.N.Y.

Year of first appointment: 

Date of termination: April , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Warren Harding

Political party: Republican

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry Into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] “Ex-Judge Winslow of U.S. Bench Dies.”

New York Times,  March .

Wright, Daniel Thew

Sept. , –Nov. , 

Reason for termination: Allegations of Misbehavior

Nature of other employment: Private Practice

“Resolved, That the Committee on the Judiciary be directed to

inquire and report whether the action of this House is

necessary concerning the alleged official misconduct of Daniel

Thew Wright; whether he has accepted favors from lawyers

appearing before him; whether he has permitted counsel for a

street railway company to indorse [sic] his notes while said

counsel was retained in business and causes before his court;

whether he has performed the services of lawyer and accepted a

fee during his tenure of judicial office, in violation of the

statutes of the United States’ whether he has collected and

wrongfully appropriated other people’s money; whether he has

purposely changed the record in order to prevent reversal of

causes wherein he presided; whether he has borne deadly

weapons in violation of law; whether he is guilty of judicial

misconduct in the trial of a writ of habeas corpus to an extent

which provoked a reviewing court of the District of Columbia

to justly characterize the trial as a ‘travesty of justice’; whether

he has arbitrarily revoked without legal right, an order of a

judge of concurrent jurisdiction, appointing three receivers, so

as to favor his friend by appointing him sole receiver; whether

he is morally and temperamentally unfit to hold judicial office;

and whether he has been guilty of various other acts of personal

and judicial misconduct for which he should be impeached.”

[] “On October , , Mr. Justice Wright tendered his

resignation to the President, which was duly accepted October

, , to become effective November , , and that

because Judge Wright is not eligible under the law to retire

with pay this resignation, when it becomes effective, will

entirely separate him from the public service. Because of this

fact the committee is of the opinion that further proceedings

under House resolution  are unnecessary.” [] “Former

Judge Daniel Thew Wright [of D.C.] , , justice of the

Supreme Court from  to  and prominent Washington,

D.C. lawyer until his retirement six years ago, died yesterday at

his country home near Fenwick, Md. He had been ill for more

than six months.” []

Court: D.D.C.

Year of first appointment: 

Date of termination: Nov. , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Theodore Roosevelt

Political party: Republican

Source: []  Cannon’s Precedents § . . pp. , . [] “Judge

Wright, Noted Jurist, Dies at .” Washington Post,  Nov. .
Wylie, Andrew

Feb. , –Aug. , 

Reason for termination: Retired

The investigation occurred in –, but the charges and the

outcome were not recorded. [] “Justice Andrew Wylie, who,

for twenty three years, until his retirement on account of age,

served on the bench of the Supreme Court of the District of

Columbia, died at his late residence,  Thomas Circle,

Tuesday afternoon, at the age of ninety-one years. Judge Wylie

was once the subject of a Congressional investigation but was

acquitted.” []

Court: D.D.C.

Year of first appointment: 

Date of termination: May , 

Age at appointment: 

Age at termination: 

Number of years on bench: 

Age at death: 

Last Appointing President: Abraham Lincoln

Political party: Republican

Source: [] Borkin, Joseph. The Corrupt Judge: An Inquiry Into

Bribery and Other High Crimes and Misdemeanors in the Federal

Courts. . pp. –. [] “Judge Andrew Wylie Dead.” Washington Post,  Aug. .

 Why Judges Resign


Index : Resignations by decade

–

 Conkling, Alfred (N.D.N.Y.): Appointment to Other

Office

 Curtis, Benjamin R. (Supreme Court): Dissatisfaction

with Office

 Irwin, Thomas (W.D. Pa.): Allegations of Misbehavior

–

 Magrath, Andrew Gordon (D.S.C.): Loyalty to the

Confederacy

 Biggs, Asa (D.N.C.): Loyalty to the Confederacy

 Boyce, Henry (W.D. La.): Loyalty to the Confederacy

 Brockenbrough, John White (W.D. Va.): Loyalty to the

Confederacy

 Campbell, John Archibald (Supreme Court): Loyalty to

the Confederacy

 Gholson, Samuel J. (D. Miss.): Loyalty to the Confederacy

 Halyburton, James Dandridge (E.D. Va.): Loyalty to the

Confederacy

 Jones, William Giles (D. Ala.): Loyalty to the Confederacy

 McCaleb, Theodore H. (D. La.): Loyalty to the Confederacy

 McIntosh, McQueen (N.D. Fla.): Loyalty to the Confederacy

 Monroe, Thomas Bell (D. Ky.): Loyalty to the Confederacy

 Nicoll, John C. (D. Ga.): Loyalty to the Confederacy

 Ringo, Daniel (D. Ark.): Loyalty to the Confederacy

 Scarburgh, George Parker (Ct. Cl.): Loyalty to the

Confederacy

 McAllister, Matthew Hall (Cal. Cir.): Age/Health

 Humphreys, West H. (D. Tenn.): Impeachment and

Conviction

 Marvin, William (S.D. Fla.): Age/Health

 Hughes, James (Ct. Cl.): Dissatisfaction with Office

 Sprague, Peleg (D. Mass.): Age/Health

 Dick, Robert Paine (D.N.C.): Loyalty to the Confederacy

 Ware, Ashur (D. Me.): Age/Health

 Betts, Samuel Rossiter (S.D.N.Y.): Age/Health

 Boynton, Thomas J. (S.D. Fla.): Age/Health

 Bullock, Jonathan Russell (D.R.I.): Age/Health

 Wilkins, Ross (D. Mich.): Age/Health

–

 Rutledge, John (Supreme Court): Appointment to Other

Office

 Lewis, William (E.D. Pa.): Returned to Private Practice

 Chipman, Nathaniel (D. Vt.): Returned to Private

Practice

 Johnson, Thomas (Supreme Court): Age/Health

 Duane, James (D.N.Y.): Age/Health

 Jay, John (Supreme Court): Elected Office

 Blair, John (Supreme Court): Age/Health

 Laurance, John (D.N.Y.): Elected Office

 Pendleton, Nathaniel (D. Ga.): Inadequate Salary

 Troup, Robert (S.D.N.Y.): Returned to Private Practice

–

 Ellsworth, Oliver (Supreme Court): Age/Health

 Moore, Alfred (Supreme Court): Age/Health

 Pickering, John (D.N.H.): Impeachment and Conviction

 Kilty, William (D.C. Cir.): Appointment to Other Office

–

 Hall, Dominic A. (D. La.): Inadequate Salary

 Sewall, David (D. Me.): Age/Health

 Stephens, William (D. Ga.): Allegations of Misbehavior

 Tallmadge, Matthias Burnett (D.N.Y.): Allegations of

Misbehavior

–

 Davies, William (D. Ga.): Elected Office

 Parris, Albion Keith (D. Me.): Elected Office

 Bland, Theodric (D. Md.): Other Employment

 Dick, John McClintock (D. La.): Elected Office

 Tucker, St. George (D. Va.): Age/Health

 Tait, Charles (D. Ala.): Other Employment

–

 Wilkins, William (W.D. Pa.): Elected Office

 McNairy, John (D. Tenn.): Age/Health

 Duvall, Gabriel (Supreme Court): Age/Health

 Ellis, Powhatan (D. Miss.): Appointment to Other Office

 Glenn, Elias (D. Md.): Age/Health

 Adams, George (D. Miss.): Dissatisfaction with Office

–

 Davis, John A. (D. Mass.): Age/Health

 Dickerson, Mahlon (D.N.J.): Relinquished Court to His

Brother

 Paine, Elijah (D. Vt.): Age/Health

 Mason, John Young (E.D. Va.): Appointment to Other

Office

 Pennybacker, Isaac Samuels (W.D. Va.): Elected Office
 Why Judges Resign

–

 Hill, Robert Andrews (D. Miss.): Retired

 McKennan, William (d Cir.): Retired

 Scofield, Glenni William (Ct. Cl.): Retired

 Blodgett, Henry (N.D. Ill.): Appointment to Other Office

 Montgomery, Martin V. (D.D.C.): Returned to Private

Practice

 Reed, James Hay (W.D. Pa.): Returned to Private Practice

 Gresham, Walter Quintin (th Cir.): Appointment to

Other Office

 Priest, Henry Samuel (E.D. Mo.): Returned to Private

Practice

 Benedict, Charles Linnaeus (E.D.N.Y.): Retired

 Field, Stephen Johnson (Supreme Court): Retired

 Dick, Robert Paine (W.D.N.C.): Age/Health

 Hughes, Robert William (E.D. Va.): Retired

 Butler, William (E.D. Pa.): Retired

 Cox, Walter Smith (D.D.C.): Retired

 Foster, Cassius G. (D. Kan.): Age/Health

 McComas, Louis Emory (D.D.C.): Elected Office

–

 Taft, William Howard (th Cir.): Appointment to Other

Office

 Shipman, Nathaniel (d Cir.): Retired

 Webb, Nathan (D. Me.): Retired

 Caldwell, Henry Clay (th Cir.): Retired

 Hagner, Alexander B. (D.D.C.): Retired

 Shiras, George (Supreme Court): Retired

 Shiras, Oliver Perry (N.D. Iowa): Retired

 Alvey, Richard Henry (D.C. Cir.): Retired

 Wing, Francis Joseph (N.D. Ohio): Returned to Private

Practice

 Bunn, Romanzo (W.D. Wis.): Retired

 Jackson, John Jay (W.D. Va.): Retired

 Jenkins, James Graham (th Cir.): Retired

 Morris, Martin Ferdinand (D.C. Cir.): Retired

 Nott, Charles Cooper (Ct. Cl.): Retired

 Brown, Henry Billings (Supreme Court): Retired

 Duell, Charles Holland (D.C. Cir.): Returned to Private

Practice

 Hallett, Moses (D. Colo.): Retired

 Hawley, Thomas Porter (D. Nev.): Retired

 Wheeler, Hoyt Henry (D. Vt.): Retired

 Finkelnburg, Gustavus A. (E.D. Mo.): Age/Health

 Wallace, William James (N.D.N.Y.): Retired

 Ewing, Nathaniel (W.D. Pa.): Other Employment

 Lochren, William (D. Minn.): Retired

 Dallas, George Mifflin (d Cir.): Retired

–

 Casey, Joseph (Ct. Cl.): Age/Health

 Fisher, George Purnell (D.D.C.): Appointment to Other

Office

 Grier, Robert Cooper (Supreme Court): Age/Health

 Watrous, John Charles (D. Tex.): Age/Health

 Hall, Willard (D. Del.): Retired

 Leavitt, Humphrey Howe (D. Ohio): Retired

 Nelson, Samuel (Supreme Court): Retired

 Delahay, Mark W. (D. Kan.): Impeached - Not Convicted

 Sherman, Charles Taylor (N.D. Ohio): Allegations of

Misbehavior

 Shipman, William Davis (D. Conn.): Inadequate Salary

 Busteed, Richard (M.D. Ala.): Allegations of Misbehavior

 Durrell, Edward Henry (E.D. La.): Allegations of

Misbehavior

 Howe, James Henry (E.D. Wis.): Dissatisfaction with

Office

 Story, William (W.D. Ark.): Allegations of Misbehavior

 McCandless, Wilson (W.D. Pa.): Disability

 Davis, David (Supreme Court): Elected Office

 Loring, Edward Greely (Ct. Cl.): Retired

 Smalley, David Allen (D. Vt.): Age/Health

 Peck, Ebenezer (Ct. Cl.): Retired

 Dillon, John Forrest (th Cir.): Inadequate Salary

 Olin, Abram Baldwin (D.D.C.): Retired

–

 Strong, William (Supreme Court): Retired

 Davis, John C. B. (Ct. Cl.): Appointment to Other Office

 Hunt, William Henry (Ct. Cl.): Appointment to Other

Office

 Knowles, John Power (D.R.I.): Retired

 Hunt, Ward (Supreme Court): Retired

 Davis, John C.B. (Ct. Cl.): Other Employment

 Erskine, John (D. Ga.): Retired

 Gresham, Walter Quintin (D. Ind.): Appointment to

Other Office

 Morrill, Amos (E.D. Tex.): Age/Health

 Drummond, Thomas (th Cir.): Retired

 Lowell, John (st Cir.): Returned to Private Practice

 McCrary, George W. (th Cir.): Inadequate Salary

 Drake, Charles Daniel (Ct. Cl.): Retired

 Wylie, Andrew (D.D.C.): Retired

 Bryan, George Seabrook (D.S.C.): Retired

 MacArthur, Arthur (D.D.C.): Retired

 Treat, Samuel (E.D. Mo.): Retired

 Dyer, Charles E. (E.D. Wis.): Other Employment

 Krekel, Arnold (W.D. Mo.): Age/Health
Why Judges Resign 

–

 Moody, William H. (Supreme Court): Age/Health

 Saunders, Eugene Davis (E.D. La.): Inadequate Salary

 Brawley, William Hiram (D.S.C.): Retired

 Grosscup, Peter Stenger (th Cir.): Allegations of Misbehavior

 Rasch, Carl L. (D. Mont.): Dissatisfaction with Office

 Angell, Alexis Caswell (E.D. Mich.): Returned to Private

Practice

 Donworth, George (W.D. Wash.): Returned to Private

Practice

 Hanford, Cornelius H. (W.D. Wash.): Allegations of

Misbehavior

 Locke, James William (S.D. Fla.): Retired

 Archbald, Robert W. (d Cir.): Impeachment and

Conviction

 Colt, LeBaron B. (st Cir.): Elected Office

 Goff, Nathan (th Cir.): Elected Office

 Noyes, Walter (d Cir.): Inadequate Salary

 Peelle, Stanton Judkins (Ct. Cl.): Retired

 Day, William L. (N.D. Ohio): Inadequate Salary

 Holt, George Chandler (S.D.N.Y.): Retired

 Wright, Daniel Thew (D.D.C.): Allegations of Misbehavior

 Howry, Charles Bowen (Ct. Cl.): Retired

 Marshall, John Augustine (D. Utah): Allegations of

Misbehavior

 Atkinson, George Wesley (Ct. Cl.): Retired

 Hughes, Charles Evans (Supreme Court): Sought Elected

Office - Defeated

 Coxe, Alfred Conkling (d Cir.): Retired

 Putnam, William LeBaron (st Cir.): Retired

 Veeder, Van Vechten (E.D.N.Y.): Returned to Private

Practice

 Bradford, Edward Green (D. Del.): Retired

 Campbell, Ralph (E.D. Okla.): Other Employment

 Covington, James Harry (D.D.C.): Returned to Private

Practice

 Dodge, Frederic (st Cir.): Retired

 Dyer, David Patterson (E.D. Mo.): Retired

 Batts, Robert L. (th Cir.): Other Employment

–

 Haight, Thomas Griffith (d Cir.): Returned to Private

Practice

 Clarke, John Hessin (Supreme Court): Dissatisfaction

with Office

 De Vries, Marion (Ct. Cust. App.): Returned to Private

Practice

 Landis, Kenesaw M. (N.D. Ill.): Allegations of Misbehavior

 Pitney, Mahlon (Supreme Court): Age/Health

 Peck, John Weld (S.D. Ohio): Returned to Private

Practice

 Mayer, Julius (d Cir.): Dissatisfaction with Office

 Bledsoe, Benjamin F. (S.D. Cal.): Sought Elected Office -

Defeated

 Garvin, Edwin Lewis (E.D.N.Y.): Inadequate Salary

 King, Alexander C. (th Cir.): Age/Health

 Lynch, Charles Francis (D.N.J.): Inadequate Salary

 McKenna, Joseph (Supreme Court): Retired

 English, George W. (E.D. Ill.): Impeached - Not Convicted

 Hoehling, Adolph A. (D.D.C.): Returned to Private

Practice

 Bodine, Joseph Lamb (D.N.J.): Appointment to Other

Office

 Henning, Edward J. (S.D. Cal.): Returned to Private

Practice

 McCarthy, James William (D.N.J.): Age/Health

 Winslow, Francis Asbury (S.D.N.Y.): Allegations of

Misbehavior

–

 Burrows, Warren Booth (D. Conn.): Elected Office

 Morris, Hugh Martin (D. Del.): Returned to Private

Practice

 Thacher, Thomas Day (S.D.N.Y.): Appointment to Other

Office

 Denison, Arthur (th Cir.): Returned to Private Practice

 Carpenter, George Albert (N.D. Ill.): Returned to Private

Practice

 Bourquin, George M. (D. Mont.): Sought Elected Office -

Defeated

 Dawson, Charles I. (W.D. Ky.): Returned to Private

Practice

 Letts, Ira Lloyd (D.R.I.): Returned to Private Practice

 Rippey, Harlan Watson (W.D.N.Y.): Appointment to

Other Office

 Ritter, Halsted L. (S.D. Fla.): Impeachment and Conviction

 Buffington, Joseph (d Cir.): Allegations of Misbehavior

 Manton, Martin Thomas (d Cir.): Allegations of

Misbehavior

 Thomas, Edwin Stark (D. Conn.): Allegations of Misbehavior
 Why Judges Resign

–

 Biddle, Francis (d Cir.): Appointment to Other Office

 Howe, Harland Bradley (D. Vt.): Disability

 Kennamer, Franklin E. (N.D. Okla.): Age/Health

 Patterson, Robert (d Cir.): Appointment to Other Office

 Lumpkin, Alva Moore (E.D.S.C. & W.D.S.C.): Elected

Office

 McLellan, Hugh Dean (D. Mass.): Returned to Private

Practice

 Byrnes, James Francis (Supreme Court): Appointment to

Other Office

 Clark, William (d Cir.): Military Service

 Walker, Thomas G. (D.N.J.): Other Employment

 Vinson, Fred Moore (D.C. Cir.): Appointment to Other

Office

 Jones, Charles Alvin (d Cir.): Appointment to Other

Office

 Johnson, Albert Williams (M.D. Pa.): Allegations of

Misbehavior

 Schwellenbach, Lewis Baxter (E.D. Wash.): Appointment

to Other Office

 Adkins, Jesse Corcoran (D.D.C.): Disability

 Pollard, Robert N. (E.D. Va.): Age/Health?

 Kampf, Edward S. (N.D.N.Y.): Age/Health

–

 Mahoney, John C. (st Cir.): Age/Health

 Rifkind, Simon Hirsch (S.D.N.Y.): Inadequate Salary

 Bard, Guy Kurtz (E.D. Pa.): Sought Elected Office -

Defeated

 Kennedy, Harold Maurice (E.D.N.Y.): Inadequate Salary

 Leavy, Charles H. (W.D. Wash.): Disability

 McGranery, James Patrick (E.D. Pa.): Appointment to

Other Office

 Howell, George Evan (Ct. Cl.): Appointment to Other

Office

 Mullins, Clarence H. (N.D. Ala.): Disability

 Kaufman, Samuel Hamilton (S.D.N.Y.): Age/Health

 Walsh, Lawrence E. (S.D.N.Y.): Appointment to Other

Office

–

 Savage, Royce H. (N.D. Okla.): Other Employment

 Whittaker, Charles Evans (Supreme Court): Age/Health

 Preyer, Lunsford R. (M.D.N.C.): Sought Elected Office -

Defeated

 Goldberg, Arthur J. (Supreme Court): Appointment to

Other Office

 Lane, Arthur Stephen (D.N.J.): Other Employment

 Michie, Thomas Johnson (W.D. Va.): Disability

 Fortas, Abe (Supreme Court): Allegations of Misbehavior

–

 Carswell, George H. (th Cir.): Sought Elected Office -

Defeated

 Combs, Bertram Thomas (th Cir.): Returned to Private

Practice

 Masterson, Thomas (E.D. Pa.): Inadequate Salary

 Bauman, Arnold (S.D.N.Y.): Inadequate Salary

 Kerner, Otto (th Cir.): Allegations of Misbehavior

 Middlebrooks, David Lycurgus (N.D. Fla.): Dissatisfaction with Office

 Smith, Sidney Oslin (N.D. Ga.): Inadequate Salary

 Travia, Anthony John (E.D.N.Y.): Dissatisfaction with

Office

 Tyler, Harold R. (S.D.N.Y.): Appointment to Other

Office

 Bell, Griffin Boyette (th Cir.): Returned to Private

Practice

 Comiskey, James August (E.D. La.): Other Employment

 Scalera, Ralph Francis (W.D. Pa.): Returned to Private

Practice

 McCree, Wade H. (th Cir.): Appointment to Other

Office

 Fogel, Herbert Allen (E.D. Pa.): Allegations of Misbehavior

 Frankel, Marvin E. (S.D.N.Y.): Dissatisfaction with

Office

 Morris, Joseph Wilson (E.D. Okla.): Other Employment

 Webster, William H. (th Cir.): Appointment to Other

Office

 Cowan, Finis E. (S.D. Tex.): Returned to Private Practice

 Hufstedler, Shirley M. (th Cir.): Appointment to Other

Office
Why Judges Resign 

–

 Mitchell, George J. (D. Me.): Appointment to Other

Office

 Renfrew, Charles B. (N.D. Cal.): Appointment to Other

Office

 Tone, Phillip W. (th Cir.): Dissatisfaction with Office

 Crowley, John Powers (N.D. Ill.): Returned to Private

Practice

 Hermansdorfer, Howard David (E.D. Ky.): Returned to

Private Practice

 Mulligan, William H. (d Cir.): Inadequate Salary

 Jones, Shirley Brannock (D. Md.): Returned to Private

Life

 McFadden, Frank H. (N.D. Ala.): Inadequate Salary

 Boyle, Patricia J. (E.D. Mich.): Appointment to Other

Office

 Higby, Lynn C. (N.D. Fla.): Inadequate Salary

 Meanor, H. Curtis (D.N. J.): Returned to Private Practice

 Lucas, Malcolm M. (C.D. Cal.): Appointment to Other

Office

 O’Conor, Robert (S.D. Tex.): Returned to Private

Practice

 Shannon, Fred (W.D. Tex.): Returned to Private Practice

 Duncan, Robert M. (S.D. Ohio): Returned to Private

Practice

 Reed, John A. (M.D. Fla.): Returned to Private Practice

 Sofaer, Abraham (S.D.N.Y.): Appointment to Other

Office

 Claiborne, Harry (D. Nev.): Impeachment and Conviction

 Miller, James R. (D. Md.): Age/Health

 Sneeden, Emory M. (th Cir.): Inadequate Salary

 Getzendanner, Susan (N.D. Ill.): Returned to Private

Practice

 Sessions, William S. (W.D. Tex.): Appointment to Other

Office

 Stern, Herbert J. (D.N.J.): Returned to Private Practice

 Bork, Robert H. (D.C. Cir.): Dissatisfaction with Office

 McDonald, Gabrielle K. (S.D. Tex.): Dissatisfaction with

Office

 Hastings, Alcee Lamar (S.D. Fla.): Impeachment and

Conviction

 McQuade, Richard B., Jr. (N.D. Ohio): Other Employment

 Nixon, Walter Louis (S.D. Miss.): Impeachment and

Conviction

 Ramirez, Raul A. (E.D. Cal.): Inadequate Salary

 Starr, Kenneth W. (D.C. Cir.): Appointment to Other

Office

–

 Bonner, Robert C. (C.D. Cal.): Appointment to Other

Office

 Irving, J. Lawrence (S.D. Cal.): Dissatisfaction with

Office

 Scott, Thomas E. (S.D. Fla.): Returned to Private Practice

 Phillips, Layn R. (W.D. Okla.): Inadequate Salary

 Boudin, Michael (D.D.C.): Dissatisfaction with Office
Age/Health

 Johnson, Thomas (Supreme Court)

 Duane, James (D.N.Y.)

 Blair, John (Supreme Court)

 Ellsworth, Oliver (Supreme Court)

 Moore, Alfred (Supreme Court)

 Sewall, David (D. Me.)

 Tucker, St. George (D. Va.)

 Mcnairy, John (D. Tenn.)

 Duvall, Gabriel (Supreme Court)

 Glenn, Elias (D. Md.)

 Davis, John A. (D. Mass.)

 Paine, Elijah (D. Vt.)

 McAllister, Matthew Hall (Cal. Cir.)

 Marvin, William (S.D. Fla.)

 Sprague, Peleg (D. Mass.)

 Ware, Ashur (D. Me.)

 Betts, Samuel Rossiter (S.D.N.Y.)

 Boynton, Thomas J. (S.D. Fla.)

 Bullock, Jonathan Russell (D.R.I.)

 Wilkins, Ross (D. Mich.)

 Casey, Joseph (Ct. Cl.)

 Grier, Robert Cooper (Supreme Court)

 Watrous, John Charles (D. Tex.)

 Smalley, David Allen (D. Vt.)

 Morrill, Amos (E.D. Tex.)

 Krekel, Arnold (W.D. Mo.)

 Dick, Robert Paine (W.D.N.C.)

 Foster, Cassius G. (D. Kan.)

 Finkelnburg, Gustavus A. (E.D. Mo.)

 Moody, William H. (Supreme Court)

 Pitney, Mahlon (Supreme Court)

 King, Alexander C. (th Cir.)

 McCarthy, James William (D.N.J.)

 Kennamer, Franklin E. (N.D. Okla.)

 Pollard, Robert N. (E.D. Va.)

 Kampf, Edward S. (N.D.N.Y.)

 Mahoney, John C. (st Cir.)

 Kaufman, Samuel Hamilton (S.D.N.Y.)

 Whittaker, Charles Evans (Supreme Court)

 Miller, James R. (D. Md.)

Allegations of Misbehavior

 Stephens, William (D. Ga.)

 Tallmadge, Matthias Burnett (D.N.Y.)

 Irwin, Thomas (W.D. Pa.)

 Sherman, Charles Taylor (N.D. Ohio)

 Busteed, Richard (M.D. Ala.)

 Durrell, Edward Henry (E.D. La.)

 Story, William (W.D. Ark.)

 Grosscup, Peter Stenger (th Cir.)

 Hanford, Cornelius H. (W.D. Wash.)

 Wright, Daniel Thew (D.D.C.)

 Marshall, John Augustine (D. Utah)

 Landis, Kenesaw M. (N.D. Ill.)

 Winslow, Francis Asbury (S.D.N.Y.)

 Buffington, Joseph (d Cir.)

 Manton, Martin Thomas (d Cir.)

 Thomas, Edwin Stark (D. Conn.)

 Johnson, Albert Williams (M.D. Pa.)

 Fortas, Abe (Supreme Court)

 Kerner, Otto (th Cir.)

 Fogel, Herbert Allen (E.D. Pa.)



Index : Resignations by reason
 Why Judges Resign

Appointment to Other Office

 Rutledge, John (Supreme Court)

 Kilty, William (D.C. Cir.)

 Ellis, Powhatan (D. Miss.)

 Mason, John Young (E.D. Va.)

 Conkling, Alfred (N.D.N.Y.)

 Fisher, George Purnell (D.D.C.)

 Davis, John C. B. (Ct. Cl.)

 Hunt, William Henry (Ct. Cl.)

 Gresham, Walter Quintin (D. Ind.)

 Blodgett, Henry (N.D. Ill.)

 Gresham, Walter Quintin (th Cir.)

 Taft, William Howard (th Cir.)

 Bodine, Joseph Lamb (D.N.J.)

 Thacher, Thomas Day (S.D.N.Y.)

 Rippey, Harlan Watson (W.D.N.Y.)

 Biddle, Francis (d Cir.)

 Patterson, Robert (d Cir.)

 Byrnes, James Francis (Supreme Court)

 Vinson, Fred Moore (D.C. Cir.)

 Jones, Charles Alvin (d Cir.)

 Schwellenbach, Lewis Baxter (E.D. Wash.)

 McGranery, James Patrick (E.D. Pa.)

 Howell, George Evan (Ct. Cl.)

 Walsh, Lawrence E. (S.D.N.Y.)

 Goldberg, Arthur J. (Supreme Court)

 Tyler, Harold R. (S.D.N.Y.)

 McCree, Wade H. (th Cir.)

 Webster, William H. (th Cir.)

 Hufstedler, Shirley M. (th Cir.)

 Mitchell, George J. (D. Me.)

 Renfrew, Charles B. (N.D. Cal.)

 Boyle, Patricia J. (E.D. Mich.)

 Lucas, Malcolm M. (C.D. Cal.)

 Sofaer, Abraham (S.D.N.Y.)

 Sessions, William S. (W.D. Tex.)

 Starr, Kenneth W. (D.C. Cir.)

 Bonner, Robert C. (C.D. Cal.)

Disability

 McCandless, Wilson (W.D. Pa.)

 Howe, Harland Bradley (D. Vt.)

 Adkins, Jesse Corcoran (D.D.C.)

 Leavy, Charles H. (W.D. Wash.)

 Mullins, Clarence H. (N.D. Ala.)

 Michie, Thomas Johnson (W.D. Va.)

Dissatisfaction with Office

 Adams, George (D. Miss.)

 Curtis, Benjamin R. (Supreme Court)

 Hughes, James (Ct. Cl.)

 Howe, James Henry (E.D. Wis.)

 Rasch, Carl L. (D. Mont.)

 Clarke, John Hessin (Supreme Court)

 Mayer, Julius (d Cir.)

 Middlebrooks, David Lycurgus (N.D. Fla.)

 Travia, Anthony John (E.D.N.Y.)

 Frankel, Marvin E. (S.D.N.Y.)

 Tone, Phillip W. (th Cir.)

 Bork, Robert H. (D.C. Cir.)

 McDonald, Gabrielle K. (S.D. Tex.)

 Irving, J. Lawrence (S.D. Cal.)

 Boudin, Michael (D.D.C.)

Elected Office

 Jay, John (Supreme Court)

 Laurance, John (D.N.Y.)

 Davies, William (D. Ga.)

 Parris, Albion Keith (D. Me.)

 Dick, John McClintock (D. La.)

 Wilkins, William (W.D. Pa.)

 Pennybacker, Isaac Samuels (W.D. Va.)

 Davis, David (Supreme Court)

 McComas, Louis Emory (D.D.C.)

 Colt, LeBaron B. (st Cir.)

 Goff, Nathan (th Cir.)

 Burrows, Warren Booth (D. Conn.)

 Lumpkin, Alva Moore (E.D.S.C. & W.D.S.C.)

Impeachment and Conviction

 Pickering, John (D.N.H.)

 Humphreys, West H. (D. Tenn.)

 Archbald, Robert W. (d Cir.)

 Ritter, Halsted L. (S.D. Fla.)

 Claiborne, Harry (D. Nev.)

 Hastings, Alcee Lamar (S.D. Fla.)

 Nixon, Walter Louis (S.D. Miss.)

Impeached - Not Convicted

 Delahay, Mark W. (D. Kan.)

 English, George W. (E.D. Ill.)
Why Judges Resign 

Inadequate Salary

 Pendleton, Nathaniel (D. Ga.)

 Hall, Dominic A. (D. La.)

 Shipman, William Davis (D. Conn.)

 Dillon, John Forrest (th Cir.)

 McCrary, George W. (th Cir.)

 Saunders, Eugene Davis (E.D. La.)

 Noyes, Walter (d Cir.)

 Day, William L. (N.D. Ohio)

 Garvin, Edwin Lewis (E.D.N.Y.)

 Lynch, Charles Francis (D.N.J.)

 Rifkind, Simon Hirsch (S.D.N.Y.)

 Kennedy, Harold Maurice (E.D.N.Y.)

 Masterson, Thomas (E.D. Pa.)

 Bauman, Arnold (S.D.N.Y.)

 Smith, Sidney Oslin (N.D. Ga.)

 Mulligan, William H. (d Cir.)

 McFadden, Frank H. (N.D. Ala.)

 Higby, Lynn C. (N.D. Fla.)

 Sneeden, Emory M. (th Cir.)

 Ramirez, Raul A. (E.D. Cal.)

 Phillips, Layn R. (W.D. Okla.)

Loyalty to the Confederacy

 Magrath, Andrew Gordon (D.S.C.)

 Biggs, Asa (D.N.C.)

 Boyce, Henry (W.D. La.)

 Brockenbrough, John White (W.D. Va.)

 Campbell, John Archibald (Supreme Court)

 Gholson, Samuel J. (D. Miss.)

 Halyburton, James Dandridge (E.D. Va.)

 Jones, William Giles (D. Ala.)

 McCaleb, Theodore H. (D. La.)

 McIntosh, McQueen (N.D. Fla.)

 Monroe, Thomas Bell (D. Ky.)

 Nicoll, John C. (D. Ga.)

 Ringo, Daniel (D. Ark.)

 Scarburgh, George Parker (Ct. Cl.)

 Dick, Robert Paine (D.N.C.)

Military Service

 Clark, William (d Cir.)

Other Employment

 Bland, Theodric (D. Md.)

 Tait, Charles (D. Ala.)

 Davis, John C. B. (Ct. Cl.)

 Dyer, Charles E. (E.D. Wis.)

 Ewing, Nathaniel (W.D. Pa.)

 Campbell, Ralph (E.D. Okla.)

 Batts, Robert L. (th Cir.)

 Walker, Thomas G. (D.N.J.)

 Savage, Royce H. (N.D. Okla.)

 Lane, Arthur Stephen (D.N.J.)

 Comiskey, James August (E.D. La.)

 Morris, Joseph Wilson (E.D. Okla.)

 McQuade, Richard B., Jr. (N.D. Ohio)

Relinquished Court to His Brother

 Dickerson, Mahlon (D.N.J.)

Retired

 Hall, Willard (D. Del.)

 Leavitt, Humphrey Howe (D. Ohio)

 Nelson, Samuel (Supreme Court)

 Loring, Edward Greely (Ct. Cl.)

 Peck, Ebenezer (Ct. Cl.)

 Olin, Abram Baldwin (D.D.C.)

 Strong, William (Supreme Court)

 Knowles, John Power (D.R.I.)

 Hunt, Ward (Supreme Court)

 Erskine, John (D. Ga.)

 Drummond, Thomas (th Cir.)

 Drake, Charles Daniel (Ct. Cl.)

 Wylie, Andrew (D.D.C.)

 Bryan, George Seabrook (D.S.C.)

 MacArthur, Arthur (D.D.C.)

 Treat, Samuel (E.D. Mo.)

 Hill, Robert Andrews (D. Miss.)

 Scofield, Glenni William (Ct. Cl.)

 McKennan, William (d Cir.)

 Field, Stephen Johnson (Supreme Court)

 Benedict, Charles Linnaeus (E.D.N.Y.)

 Hughes, Robert William (E.D. Va.)

 Butler, William (E.D. Pa.)

 Cox, Walter Smith (D.D.C.)

 Shipman, Nathaniel (d Cir.)

 Webb, Nathan (D. Me.)

 Hagner, Alexander B. (D.D.C.)

 Shiras, Oliver Perry (N.D. Iowa)

 Caldwell, Henry Clay (th Cir.)

 Shiras, George (Supreme Court)

 Alvey, Richard Henry (D.C. Cir.)

 Bunn, Romanzo (W.D. Wis.)

 Jackson, John Jay (W.D. Va.)

 Morris, Martin Ferdinand (D.C. Cir.)

 Nott, Charles Cooper (Ct. Cl.)

 Jenkins, James Graham (th Cir.)

 Hallett, Moses (D. Colo.)

 Hawley, Thomas Porter (D. Nev.)

 Brown, Henry Billings (Supreme Court)

 Wheeler, Hoyt Henry (D. Vt.)

 Wallace, William James (N.D.N.Y.)

 Lochren, William (D. Minn.)

 Dallas, George Mifflin (d Cir.)

 Brawley, William Hiram (D.S.C.)

 Locke, James William (S.D. Fla.)

 Peelle, Stanton Judkins (Ct. Cl.)

 Holt, George Chandler (S.D.N.Y.)

 Howry, Charles Bowen (Ct. Cl.)

 Atkinson, George Wesley (Ct. Cl.)

 Coxe, Alfred Conkling (d Cir.)

 Putnam, William LeBaron (st Cir.)

 Dyer, David Patterson (E.D. Mo.)

 Dodge, Frederic (st Cir.)

 Bradford, Edward Green (D. Del.)

 McKenna, Joseph (Supreme Court)
Returned to Private Life

 Jones, Shirley Brannock (D. Md.)

Returned to Private Practice

 Lewis, William (E.D. Pa.)

 Chipman, Nathaniel (D. Vt.)

 Troup, Robert (S.D.N.Y.)

 Lowell, John (st Cir.)

 Montgomery, Martin V. (D.D.C.)

 Reed, James Hay (W.D. Pa.)

 Priest, Henry Samuel (E.D. Mo.)

 Wing, Francis Joseph (N.D. Ohio)

 Duell, Charles Holland (D.C. Cir.)

 Angell, Alexis Caswell (E.D. Mich.)

 Donworth, George (W.D. Wash.)

 Veeder, Van Vechten (E.D.N.Y.)

 Covington, James Harry (D.D.C.)

 Haight, Thomas Griffith (d Cir.)

 De Vries, Marion (Ct. Cust. App.)

 Peck, John Weld (S.D. Ohio)

 Hoehling, Adolph A. (D.D.C.)

 Henning, Edward J. (S.D. Cal.)

 Morris, Hugh Martin (D. Del.)

 Denison, Arthur (th Cir.)

 Carpenter, George Albert (N.D. Ill.)

 Dawson, Charles I. (W.D. Ky.)

 Letts, Ira Lloyd (D.R.I.)

 McLellan, Hugh Dean (D. Mass.)

 Combs, Bertram Thomas (th Cir.)

 Bell, Griffin Boyette (th Cir.)

 Scalera, Ralph Francis (W.D. Pa.)

 Cowan, Finis E. (S.D. Tex.)

 Crowley, John Powers (N.D. Ill.)

 Hermansdorfer, Howard David (E.D. Ky.)

 Meanor, H. Curtis (D.N.J.)

 O’Conor, Robert (S.D. Tex.)

 Shannon, Fred (W.D. Tex.)

 Duncan, Robert M. (S.D. Ohio)

 Reed, John A. (M.D. Fla.)

 Getzendanner, Susan (N.D. Ill.)

 Stern, Herbert J. (D.N.J.)

 Scott, Thomas E. (S.D. Fla.)

Sought Elected Office - Defeated

 Hughes, Charles Evans (Supreme Court)

 Bledsoe, Benjamin F. (S.D. Cal.)

 Bourquin, George M. (D. Mont.)

 Bard, Guy Kurtz (E.D. Pa.)

 Preyer, Lunsford R. (M.D.N.C.)

 Carswell, George H. (th Cir.)

 Why Judges Resign
–

Age/Health -  - Johnson, Thomas (Supreme Court)

Age/Health -  - Duane, James (D.N.Y.)

Age/Health -  - Blair, John (Supreme Court)

Appointment to Other Office - 1791 - Rutledge, John

(Supreme Court)

Elected Office -  - Jay, John (Supreme Court)

Elected Office -  - Laurance, John (D.N.Y.)

Inadequate Salary -  - Pendleton, Nathaniel (D. Ga.)

Returned to Private Practice -  - Lewis, William

(E.D. Pa.)

Returned to Private Practice -  - Chipman, Nathaniel

(D. Vt.)

Returned to Private Practice -  - Troup, Robert (S.D.N.Y.)

–

Age/Health -  - Ellsworth, Oliver (Supreme Court)

Age/Health -  - Moore, Alfred (Supreme Court)

Appointment to Other Office -  - Kilty, William

(D.C. Cir.)

Impeachment and Conviction -  - Pickering, John

(D.N.H.)

–

Age/Health -  - Sewall, David (D. Me.)

Allegations of Misbehavior -  - Stephens, William (D. Ga.)

Allegations of Misbehavior -  - Tallmadge, Matthias

Burnett (D.N.Y.)

Inadequate Salary -  - Hall, Dominic A. (D. La.)

–

Age/Health -  - Tucker, St. George (D. Va.)

Elected Office -  - Davies, William (D. Ga.)

Elected Office -  - Parris, Albion Keith (D. Me.)

Elected Office -  - Dick, John McClintock (D. La.)

Other Employment -  - Bland, Theodric (D. Md.)

Other Employment -  - Tait, Charles (D. Ala.)

–

Age/Health -  - McNairy, John (D. Tenn.)

Age/Health -  - Duvall, Gabriel (Supreme Court)

Age/Health -  - Glenn, Elias (D. Md.)

Appointment to Other Office -  - Ellis, Powhatan

(D. Miss.)

Dissatisfaction with Office -  - Adams, George (D. Miss.)

Elected Office -  - Wilkins, William (W.D. Pa.)

–

Age/Health -  - Davis, John A. (D. Mass.)

Age/Health -  - Paine, Elijah (D. Vt.)

Appointment to Other Office -  - Mason, John Young

(E.D. Va.)

Elected Office -  - Pennybacker, Isaac Samuels (W.D. Va.)

Relinquished Court to His Brother -  - Dickerson, Mahlon

(D.N.J.)

–

Allegations of Misbehavior -  - Irwin, Thomas (W.D. Pa.)

Appointment to Other Office -  - Conkling, Alfred

(N.D.N.Y.)

Dissatisfaction with Office -  - Curtis, Benjamin R.

(Supreme Court)



Index : Resignations by reason and decade
 Why Judges Resign

–

Age/Health -  - Ware, Ashur (D. Me.)

Age/Health -  - Betts, Samuel Rossiter (S.D.N.Y.)

Age/Health -  - McAllister, Matthew Hall (Cal. Cir.)

Age/Health -  - Marvin, William (S.D. Fla.)

Age/Health -  - Boynton, Thomas J. (S.D. Fla.)

Age/Health -  - Bullock, Jonathan Russell (D.R.I.)

Age/Health -  - Sprague, Peleg (D. Mass.)

Age/Health -  - Wilkins, Ross (D. Mich.)

Dissatisfaction with Office - - Hughes, James (Ct. Cl.)

Impeachment and Conviction -  - Humphreys, West H.

(D. Tenn.)

Loyalty to the Confederacy -  - Magrath, Andrew Gordon

(D.S.C.)

Loyalty to the Confederacy -  - Ringo, Daniel (D. Ark.)

Loyalty to the Confederacy -  - Boyce, Henry (W.D. La.)

Loyalty to the Confederacy -  - Jones, William Giles

(D. Ala.)

Loyalty to the Confederacy -  - Gholson, Samuel J.

(D. Miss.)

Loyalty to the Confederacy -  - McIntosh, McQueen

(N.D. Fla.)

Loyalty to the Confederacy -  - Nicoll, John C. (D. Ga.)

Loyalty to the Confederacy -  - McCaleb, Theodore H.

(D. La.)

Loyalty to the Confederacy -  - Scarburgh, George Parker

(Ct. Cl.)

Loyalty to the Confederacy -  - Halyburton, James

Dandridge (E.D. Va.)

Loyalty to the Confederacy -  - Biggs, Asa (D.N.C.)

Loyalty to the Confederacy -  - Campbell, John Archibald

(Supreme Court)

Loyalty to the Confederacy -  - Brockenbrough, John

White (W.D. Va.)

Loyalty to the Confederacy -  - Monroe, Thomas Bell

(D. Ky.)

Loyalty to the Confederacy -  - Dick, Robert Paine

(D.N.C.)

–

Age/Health -  - Casey, Joseph (Ct. Cl.)

Age/Health -  - Grier, Robert Cooper (Supreme Court)

Age/Health -  - Watrous, John Charles (D. Tex.)

Age/Health -  - Smalley, David Allen (D. Vt.)

Allegations of Misbehavior -  - Sherman, Charles Taylor

(N.D. Ohio)

Allegations of Misbehavior -  - Busteed, Richard

(M.D. Ala.)

Allegations of Misbehavior -  - Durrell, Edward Henry

(E.D. La.)

Allegations of Misbehavior -  - Story, William (W.D. Ark.)

Appointment to Other Office -  - Fisher, George Purnell

(D.D.C.)

Disability -  - McCandless, Wilson (W.D. Pa.)

Dissatisfaction with Office -  - Howe, James Henry

(E.D. Wis.)

Elected Office -  - Davis, David (Supreme Court)

Impeached - Not Convicted -  - Delahay, Mark W.

(D. Kan.)

Inadequate Salary -  - Shipman, William Davis (D. Conn.)

Inadequate Salary -  - Dillon, John Forrest (th Cir.)

Retired -  - Hall, Willard (D. Del.)

Retired -  - Leavitt, Humphrey Howe (D. Ohio)

Retired -  - Nelson, Samuel (Supreme Court)

Retired -  - Loring, Edward Greely (Ct. Cl.)

Retired -  - Peck, Ebenezer (Ct. Cl.)

Retired -  - Olin, Abram Baldwin (D.D.C.)

–

Age/Health -  - Morrill, Amos (E.D. Tex.)

Age/Health -  - Krekel, Arnold (W.D. Mo.)

Appointment to Other Office -  - Hunt, William Henry

(Ct. Cl.)

Appointment to Other Office -  - Davis, John C. B.

(Ct. Cl.)

Appointment to Other Office -  - Gresham, Walter

Quintin (D. Ind.)

Inadequate Salary -  - McCrary, George W. (th Cir.)

Other Employment -  - Davis, John C. B. (Ct. Cl.)

Other Employment -  - Dyer, Charles E. (E.D. Wis.)

Retired -  - Strong, William (Supreme Court)

Retired -  - Knowles, John Power (D.R.I.)

Retired -  - Hunt, Ward (Supreme Court)

Retired -  - Erskine, John (D. Ga.)

Retired -  - Drummond, Thomas (th Cir.)

Retired -  - Drake, Charles Daniel (Ct. Cl.)

Retired -  - Wylie, Andrew (D.D.C.)

Retired -  - Bryan, George Seabrook (D.S.C.)

Retired -  - MacArthur, Arthur (D.D.C.)

Retired -  - Treat, Samuel (E.D. Mo.)

Returned to Private Practice -  - Lowell, John (st Cir.)
Why Judges Resign 

–

Age/Health -  - Dick, Robert Paine (W.D.N.C.)

Age/Health -  - Foster, Cassius G. (D. Kan.)

Appointment to Other Office -  - Blodgett, Henry

(N.D. Ill.)

Appointment to Other Office -  - Gresham, Walter

Quintin (th Cir.)

Elected Office -  - McComas, Louis Emory (D.D.C.)

Retired -  - Hill, Robert Andrews (D. Miss.)

Retired -  - McKennan, William (d Cir.)

Retired -  - Scofield, Glenni William (Ct. Cl.)

Retired -  - Benedict, Charles Linnaeus (E.D.N.Y.)

Retired -  - Field, Stephen Johnson (Supreme Court)

Retired -  - Hughes, Robert William (E.D. Va.)

Retired -  - Butler, William (E.D. Pa.)

Retired -  - Cox, Walter Smith (D.D.C.)

Returned to Private Practice -  - Montgomery, Martin V.

(D.D.C.)

Returned to Private Practice -  - Priest, Henry Samuel

(E.D. Mo.)

Returned to Private Practice -  - Reed, James Hay

(W.D. Pa.)

–

Age/Health -  - Finkelnburg, Gustavus A. (E.D. Mo.)

Appointment to Other Office -  - Taft, William Howard

(th Cir.)

Other Employment -  - Ewing, Nathaniel (W.D. Pa.)

Retired -  - Shipman, Nathaniel (d Cir.)

Retired -  - Webb, Nathan (D. Me.)

Retired -  - Caldwell, Henry Clay (th Cir.)

Retired -  - Hagner, Alexander B. (D.D.C.)

Retired -  - Shiras, Oliver Perry (N.D. Iowa)

Retired -  - Shiras, George (Supreme Court)

Retired -  - Alvey, Richard Henry (D.C. Cir.)

Retired -  - Bunn, Romanzo (W.D. Wis.)

Retired -  - Jackson, John Jay (W.D. Va.)

Retired -  - Jenkins, James Graham (th Cir.)

Retired -  - Morris, Martin Ferdinand (D.C. Cir.)

Retired -  - Nott, Charles Cooper (Ct. Cl.)

Retired -  - Brown, Henry Billings (Supreme Court)

Retired -  - Hallett, Moses (D. Colo.)

Retired -  - Hawley, Thomas Porter (D. Nev.)

Retired -  - Wheeler, Hoyt Henry (D. Vt.)

Retired -  - Wallace, William James (N.D.N.Y.)

Retired -  - Lochren, William (D. Minn.)

Retired -  - Dallas, George Mifflin (d Cir.)

Returned to Private Practice -  - Wing, Francis Joseph

(N.D. Ohio)

Returned to Private Practice -  - Duell, Charles Holland

(D.C. Cir.)

–

Age/Health -  - Moody, William H. (Supreme Court)

Allegations of Misbehavior -  - Grosscup, Peter Stenger

(th Cir.)

Allegations of Misbehavior -  - Hanford, Cornelius H.

(W.D. Wash.)

Allegations of Misbehavior -  - Wright, Daniel Thew

(D.D.C.)

Allegations of Misbehavior -  - Marshall, John Augustine

(D. Utah)

Dissatisfaction with Office -  - Rasch, Carl L. (D. Mont.)

Elected Office -  - Colt, LeBaron B. (st Cir.)

Elected Office -  - Goff, Nathan (th Cir.)

Impeachment and Conviction -  - Archbald, Robert W.

(d Cir.)

Inadequate Salary -  - Saunders, Eugene Davis (E.D. La.)

Inadequate Salary -  - Noyes, Walter (d Cir.)

Inadequate Salary -  - Day, William L. (N.D. Ohio)

Other Employment -  - Campbell, Ralph (E.D. Okla.)

Other Employment -  - Batts, Robert L. (th Cir.)

Retired -  - Brawley, William Hiram (D.S.C.)

Retired -  - Locke, James William (S.D. Fla.)

Retired -  - Peelle, Stanton Judkins (Ct. Cl.)

Retired -  - Holt, George Chandler (S.D.N.Y.)

Retired -  - Howry, Charles Bowen (Ct. Cl.)

Retired -  - Atkinson, George Wesley (Ct. Cl.)

Retired -  - Coxe, Alfred Conkling (d Cir.)

Retired -  - Putnam, William LeBaron (st Cir.)

Retired -  - Bradford, Edward Green (D. Del.)

Retired -  - Dodge, Frederic (st Cir.)

Retired -  - Dyer, David Patterson (E.D. Mo.)

Returned to Private Practice -  - Donworth, George

(W.D. Wash.)

Returned to Private Practice -  - Angell, Alexis Caswell

(E.D. Mich.)

Returned to Private Practice -  - Veeder, Van Vechten

(E.D.N.Y.)

Returned to Private Practice -  - Covington, James Harry

(D.D.C.)

Sought Elected Office - Defeated -  - Hughes, Charles

Evans (Supreme Court)
 Why Judges Resign

–

Age/Health -  - Pitney, Mahlon (Supreme Court)

Age/Health -  - King, Alexander C. (th Cir.)

Age/Health -  - McCarthy, James William (D.N.J.)

Allegations of Misbehavior -  - Landis, Kenesaw M.

(N.D. Ill.)

Allegations of Misbehavior - 1929 - Winslow, Francis Asbury

(S.D.N.Y.)

Appointment to Other Office -  - Bodine, Joseph Lamb

(D.N.J.)

Dissatisfaction with Office -  - Clarke, John Hessin

(Supreme Court)

Dissatisfaction with Office -  - Mayer, Julius (d Cir.)

Impeached - Not Convicted -  - English, George W.

(E.D. Ill.)

Inadequate Salary -  - Garvin, Edwin Lewis (E.D.N.Y.)

Inadequate Salary -  - Lynch, Charles Francis (D.N.J.)

Retired -  - McKenna, Joseph (Supreme Court)

Returned to Private Practice -  - Haight, Thomas Griffith

(d Cir.)

Returned to Private Practice -  - De Vries, Marion

(Ct. Cust. App.)

Returned to Private Practice -  - Peck, John Weld

(S.D. Ohio)

Returned to Private Practice -  - Hoehling, Adolph A.

(D.D.C.)

Returned to Private Practice -  - Henning, Edward J.

(S.D. Cal.)

Sought Elected Office - Defeated -  - Bledsoe, Benjamin F.

(S.D. Cal.)

–

Allegations of Misbehavior -  - Buffington, Joseph (d Cir.)

Allegations of Misbehavior -  - Thomas, Edwin Stark

(D. Conn.)

Allegations of Misbehavior -  - Manton, Martin Thomas

(d Cir.)

Appointment to Other Office -  - Thacher, Thomas Day

(S.D.N.Y.)

Appointment to Other Office -  - Rippey, Harlan Watson

(W.D.N.Y.)

Elected Office -  - Burrows, Warren Booth (D. Conn.)

Impeachment and Conviction -  - Ritter, Halsted L.

(S.D. Fla.)

Returned to Private Practice -  - Morris, Hugh Martin

(D. Del.)

Returned to Private Practice -  - Denison, Arthur (th Cir.)

Returned to Private Practice -  - Carpenter, George Albert

(N.D. Ill.)

Returned to Private Practice -  - Dawson, Charles I.

(W.D. Ky.)

Returned to Private Practice -  - Letts, Ira Lloyd (D.R.I.)

Sought Elected Office - Defeated -  - Bourquin, George M.

(D. Mont.)

–

Age/Health -  - Kennamer, Franklin E. (N.D. Okla.)

Age/Health? -  - Pollard, Robert N. (E.D. Va.)

Age/Health -  - Kampf, Edward S. (N.D.N.Y.)

Allegations of Misbehavior -  - Johnson, Albert Williams

(M.D. Pa.)

Appointment to Other Office -  - Biddle, Francis (d Cir.)

Appointment to Other Office -  - Patterson, Robert

(d Cir.)

Appointment to Other Office -  - Byrnes, James Francis

(Supreme Court)

Appointment to Other Office -  - Vinson, Fred Moore

(D.C. Cir.)

Appointment to Other Office -  - Jones, Charles Alvin

(d Cir.)

Appointment to Other Office -  - Schwellenbach, Lewis

Baxter (E.D. Wash.)

Disability -  - Howe, Harland Bradley (D. Vt.)

Disability -  - Adkins, Jesse Corcoran (D.D.C.)

Elected Office -  - Lumpkin, Alva Moore (E.D.S.C. &

W.D.S.C.)

Military Service -  - Clark, William (d Cir.)

Other Employment -  - Walker, Thomas G. (D.N.J.)

Returned to Private Practice -  - McLellan, Hugh Dean

(D. Mass.)

–

Age/Health -  - Mahoney, John C. (st Cir.)

Age/Health -  - Kaufman, Samuel Hamilton (S.D.N.Y.)

Appointment to Other Office -  - McGranery, James

Patrick (E.D. Pa.)

Appointment to Other Office -  - Howell, George Evan

(Ct. Cl.)

Appointment to Other Office -  - Walsh, Lawrence E.

(S.D.N.Y.)

Disability -  - Leavy, Charles H. (W.D. Wash.)

Disability -  - Mullins, Clarence H. (N.D. Ala.)

Inadequate Salary -  - Rifkind, Simon Hirsch (S.D.N.Y.)

Inadequate Salary -  - Kennedy, Harold Maurice

(E.D.N.Y.)

Sought Elected Office - Defeated -  - Bard, Guy Kurtz

(E.D. Pa.)

–

Age/Health -  - Whittaker, Charles Evans

(Supreme Court)

Allegations of Misbehavior -  - Fortas, Abe

(Supreme Court)

Appointment to Other Office -  - Goldberg, Arthur J.

(Supreme Court)

Disability -  - Michie, Thomas Johnson (W.D. Va.)

Other Employment -  - Savage, Royce H. (N.D. Okla.)

Other Employment -  - Lane, Arthur Stephen (D.N.J.)

Sought Elected Office - Defeated -  - Preyer, Lunsford R.

(M.D.N.C.)
Why Judges Resign 

–

Age/Health -  - Miller, James R. (D. Md.)

Appointment to Other Office -  - Renfrew, Charles B.

(N.D. Cal.)

Appointment to Other Office -  - Mitchell, George J.

(D. Me.)

Appointment to Other Office -  - Boyle, Patricia J.

(E.D. Mich.)

Appointment to Other Office -  - Lucas, Malcolm M.

(C.D. Cal.)

Appointment to Other Office -  - Sofaer, Abraham

(S.D.N.Y.)

Appointment to Other Office -  - Sessions, William S.

(W.D. Tex.)

Appointment to Other Office -  - Starr, Kenneth W.

(D.C. Cir.)

Dissatisfaction with Office -  - Tone, Phillip W. (th Cir.)

Dissatisfaction with Office -  - Bork, Robert H.

(D.C. Cir.)

Dissatisfaction with Office -  - McDonald, Gabrielle K.

(S.D. Tex.)

Impeachment and Conviction -  - Claiborne, Harry

(D. Nev.)

Impeachment and Conviction -  - Hastings, Alcee Lamar

(S.D. Fla.)

Impeachment and Conviction -  - Nixon, Walter Louis

(S.D. Miss.)

Inadequate Salary -  - Mulligan, William H. (d Cir.)

Inadequate Salary -  - McFadden, Frank H. (N.D. Ala.)

Inadequate Salary -  - Higby, Lynn C. (N.D. Fla.)

Inadequate Salary -  - Sneeden, Emory M. (th Cir.)

Inadequate Salary -  - Ramirez, Raul A. (E.D. Cal.)

Other Employment -  - McQuade, Richard B., Jr.

(N.D. Ohio)

Returned to Private Practice -  - Crowley, John Powers

(N.D. Ill.)

Returned to Private Practice -  - Hermansdorfer, Howard

David (E.D. Ky.)

Returned to Private Life -  - Jones, Shirley Brannock

(D. Md.)

Returned to Private Practice -  - Meanor, H. Curtis

(D.N.J.)

Returned to Private Practice -  - O’Conor, Robert,

(S.D. Tex.)

Returned to Private Practice -  - Shannon, Fred

(W.D. Tex.)

Returned to Private Practice -  - Duncan, Robert M.

(S.D. Ohio)

Returned to Private Practice -  - Reed, John A. (M.D. Fla.)

Returned to Private Practice -  - Getzendanner, Susan

(N.D. Ill.)

Returned to Private Practice -  - Stern, Herbert J. (D.N.J.)

–

Allegations of Misbehavior -  - Kerner, Otto (th Cir.)

Appointment to Other Office -  - Tyler, Harold R.

(S.D.N.Y.)

Allegations of Misbehavior -  - Fogel, Herbert Allen

(E.D. Pa.)

Appointment to Other Office -  - McCree, Wade H.

(th Cir.)

Appointment to Other Office -  - Webster, William

Hedgcock (th Cir.)

Appointment to Other Office -  - Hufstedler, Shirley M.

(th Cir.)

Dissatisfaction with Office - 1974 - Middlebrooks, David

Lycurgus (N.D. Fla.)

Dissatisfaction with Office -  - Travia, Anthony John

(E.D.N.Y.)

Dissatisfaction with Office -  - Frankel, Marvin E.

(S.D.N.Y.)

Inadequate Salary -  - Masterson, Thomas (E.D. Pa.)

Inadequate Salary -  - Smith, Sidney Oslin (N.D. Ga.)

Inadequate Salary -  - Bauman, Arnold (S.D.N.Y.)

Other Employment -  - Comiskey, James August

(E.D. La.)

Other Employment -  - Morris, Joseph Wilson

(E.D. Okla.)

Returned to Private Practice -  - Combs, Bertram Thomas

(th Cir.)

Returned to Private Practice -  - Bell, Griffin Boyette

(th Cir.)

Returned to Private Practice -  - Scalera, Ralph Francis

(W.D. Pa.)

Returned to Private Practice -  - Cowan, Finis E.

(S.D. Tex.)

Sought Elected Office - Defeated -  - Carswell, George H.

(th Cir.)
 Why Judges Resign

–

Appointment to Other Office -  - Bonner, Robert C.

(C.D. Cal.)

Dissatisfaction with Office -  - Irving, J. Lawrence

(S.D. Cal.)

Dissatisfaction with Office -  - Boudin, Michael (D.D.C.)

Inadequate Salary -  - Phillips, Layn R. (W.D. Okla.)

Returned to Private Practice -  - Scott, Thomas E.

(S.D. Fla.)