Now That Joe Biden Is President, Judge Emmet Sullivan Has Decided to Open Up a Judicial Vacancy

U.S. District Judge for the District of Columbia Emmet Sullivan is going to assume senior status, a semi-retirement role that will still allow Sullivan to handle some cases while also giving President Joe Biden and the democratically-controlled Senate and opportunity to fill a vacancy. “Dear Mr. President,” Sullivan began, “Effective April 3, 2021, having previously satisfied statutory requirements set forth in 28 U.S.C. § 371(c), I intend to retain the office of District Judge pursuant to 28 U.S.C. § 371(b)(1).” I intend to render substantial judicial service to the United States District Court for the District of Columbia pursuant to 28 U.S.C. § 371(e).” Sullivan is 73 years old and has been a District Court judge in D.C. since 1994, when he was appointed by Bill Clinton  (meaning he has been eligible for senior status for some time). Statute says that “any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e).” Sullivan’s critics will no doubt read into the decision of Michael Flynn’s trial judge to wait until after Donald Trump was out of office to retire from the federal bench. Sullivan’s letter to Biden is below: [Image via U.S. District Court] The post Now That Joe Biden Is President, Judge Emmet Sullivan Has Decided to Open Up a Judicial Vacancy first appeared on Law & Crime .
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