More Senior U.S. Judges Refuse to Work

A work stoppage by senior federal judges, protesting Congress’ failure to reenact their exemption from the Social Security system, spread across the nation Tuesday, delaying proceedings and forcing a scramble by court administrators to keep calendars from collapsing.

In the U.S. District Court in Albany, N.Y., all proceedings halted as two senior judges--who were handling the court’s full caseload because two active judgeships are vacant--declined to work.

“The only thing they could do is blow up the courthouse to put it in worse shape,” said District Court Clerk Joseph R. Scully.

Judicial manpower was cut in half in the U.S. District Court in Delaware, where two senior judges joined the work slowdown. No more than three of the 17 senior judges were at work in the federal 10th Circuit, which covers six Western and Southwestern states.

Florida Backlog

Six of the seven senior judges who live in southern Florida also were refusing to work, adding to the backlog of criminal cases in one of the nation’s most overburdened district courts.

“There are a lot of matters getting postponed and reassigned,” said Steven Flanders, circuit executive of the federal 2nd Circuit, which includes New York, Vermont and Connecticut.

The work stoppage by many of the nation’s 273 senior federal judges--retired judges who maintain active caseloads to assist the clogged federal courts--began Monday, as courts otherwise resumed full schedules following the winter holidays.

Congressional Inaction

Senior judges had been exempted from participating in the Social Security system through Dec. 31, and both houses of Congress had endorsed a provision making the exemption permanent. But before Congress recessed last month, it failed to pass the deficit-reduction bill to which the exemption had been attached.

Without the exemption, senior judges say they essentially must pay to go to work.

Federal judges can retire--without working--and collect their current salary of $78,000 to $83,000 per year as a pension.

But if they accept senior status and continue working, usually at reduced caseloads, they now must pay Social Security taxes. Also, if they are between 65 and 70, they lose any Social Security benefits earned during their years in private practice. Some senior judges say they would lose more than $1,000 per month by working without the exemption.

A survey Tuesday by The Times of court administrators in 10 of the 12 federal judicial circuits found that while many senior judges were refusing to work, others were meeting their court obligations in expectation of a speedy renewal of the exemption when Congress returns to Washington later this month.

Senior district judges in Los Angeles had stayed on the job Monday, and two of the three senior district judges in San Diego resumed work Tuesday after a one-day stoppage.

Retroactive Bill

“We’re certain Congress will pass the bill and it will be retroactive to the first of the year,” said U.S. District Judge Howard Turrentine of San Diego, who returned to work.

Senior U.S. District Judge James Meredith of St. Louis told court administrators in Washington Tuesday that he would stand by his commitment to preside later this month in the criminal trial of U.S. District Judge Walter L. Nixon Jr. of Mississippi.

The court shutdown in Albany forced the postponement of a criminal trial in a drug case involving one of the largest cocaine factories ever uncovered by federal authorities, according to David Homer, an assistant U.S. attorney.

Homer said defense lawyers could argue for dismissal of the charges if the case is not heard within the 70-day limit imposed by speedy trial rules.