Rule 18.8.Election of Ineligibility
Rule 18. RULES FOR SERVICE OF SENIOR JUDGES · Last amended 2010 · Last verified July 17, 2026
Full Text of Rule 18.8
Plain-English Summary
Not every senior judge wants to keep taking calls from active judges. Rule 18.8 gives them an exit: a senior judge can elect, in writing delivered to the Supreme Court, to declare themselves ineligible to serve as a judge and go back to practicing law, if the law otherwise authorizes it. Making that election does not cost the judge the retirement pay already earned, and it opens the door to extra income as an arbitrator, mediator, or other neutral in dispute resolution, or as a special master, receiver, auditor, or referee.
The tradeoff is that the door swings mostly one way. A senior judge who elects to practice law cannot go back to serving as a judge later except by petitioning the Supreme Court and showing good cause for reinstatement. And that second chance only comes around once: after a senior judge has been reinstated, no further petition will be granted if the judge decides to practice law again.
The rule also draws a bright line while the election is active. No judge may call on a senior judge who is exercising the right to practice law, and that senior judge cannot agree to serve even if asked. The two roles — judge and practicing lawyer — do not overlap under this rule.
Frequently Asked Questions
What can a senior judge do by making an election of ineligibility under Rule 18.8?
Declare themselves ineligible to serve as a judge and engage in the private practice of law, if authorized by law, while still drawing their earned retirement pay.
How must a senior judge make this election?
In writing, delivered to the Supreme Court.
What kind of compensated work remains available to a senior judge who makes this election?
Serving as an arbitrator, mediator, or other neutral in an alternative dispute process, and serving as a special master, receiver, auditor, or referee, in addition to earned retirement pay.
Can a senior judge who elects to practice law ever serve as a judge again?
Only by petitioning the Supreme Court and showing good cause, and receiving the Supreme Court’s approval; once reinstated that way, no second petition will be granted.
Can an active judge call on a senior judge who is currently practicing law?
No. No judge may call upon a senior judge exercising the right to practice law, and that senior judge may not agree to serve.
Amendment History
Amended effective November 12, 1992; October 7, 2010.