‘Senior status’ judges to keep on ruling

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Two of Nevada’s federal judges are taking "senior status" this year, but that doesn’t mean they will be fading into the sunset.

As U.S. district judges, Roger Hunt and Philip Pro were appointed for life . Both are eligible to retire this year, but they have chosen to continue the longstanding service of senior judges.

Either way, they make the same salary, which is why Pro refers to senior judges as "found money," explaining, "Your senior judges are working for free."

According to the "rule of 80," U.S. district and appellate judges may either take senior status or retire from the bench once their age and years of service add up to 80. But they must be at least 65 and have served at least 10 years.

Hunt, 69, took senior status in May. Pro will take senior status at year’s end, after he turns 65. Both will continue to collect their annual salaries of $174,000.

According to the Administrative Office of the U.S. Courts’ website, senior judges terminated 21.2 percent of all civil and criminal cases in district courts and conducted 26 percent of all trials during the year that ended June 30, 2009 .

Vacancies have reduced the total number of U.S. district judges to 608 . That doesn’t include 396 senior judges in U.S. district courts as of June 30 .

Nevada has seven spots for active U.S. district judges, five in Las Vegas and two in Reno. Adding more requires an act of Congress, but there is no limit on the number of senior judges who can handle cases in a district. Pro will be Nevada’s fifth senior U.S. district judge.

Four other U.S. district judges in Nevada will be eligible to take senior status before the end of 2014.

"It’ll be a new court in a few years," Pro said.

The U.S. courthouse in Las Vegas is named after Lloyd George, a district judge who was 67 when he decided to take senior status in 1997.

Pro acknowledged that becoming a senior judge will allow him to ease his colleagues’ workload because an active judge will be appointed to replace him and help handle cases. But he said it also aids litigants by moving cases through the system faster. A senior judge must do 25 percent of the work of an active judge to keep staff and office space.

"I’ve always viewed what senior judges do as a real important public service," Pro said.

President Barack Obama recently nominated Reno attorney Miranda Du, 41, to replace Hunt. She was recommended by Sen. Harry Reid, D-Nev., and must be confirmed by the Senate before she can start work in the new position.

"It’s always good to get new blood," said Carl Tobias, a law professor at the University of Richmond in Virginia.

Both Hunt and Pro said they plan to reduce their workloads eventually, although they have not determined when or how much.

"The real advantage is you still have their experience and their work ethic, and you get the advantage of having another full-time judge," said Tobias, who previously taught law at the University of Nevada, Las Vegas.

Pro was nominated by President Ronald Reagan and took office in July 1987. He was a U.S. magistrate judge for nearly seven years before that.

Pro said he can’t imagine giving up his judicial work altogether.

"I think the brain would atrophy," he said. "Most of us love what we do."

Pro was chief judge for the Nevada district from 2002 to 2007, when Hunt assumed that responsibility.

Hunt was nominated by President Bill Clinton and took office in May 2000. He was a U.S. magistrate judge for nearly eight years.

U.S. district judges in Nevada appoint the state’s magistrate judges for eight-year terms. In March, Clark County School District lawyer Bill Hoffman was chosen for a newly created position that gives Nevada seven magistrate judges.

Las Vegas attorney Vincent "Cam" Ferenbach has been selected to replace U.S. Magistrate Judge Lawrence Leavitt, who is retiring in October. Leavitt joined the federal bench in 1987.

Reno attorney William Cobb will take over for U.S. Magistrate Judge Robert McQuaid Jr., who is retiring next month. McQuaid was appointed in 1996.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.