Explainer: Why US judges serve into their 90s, as seen in Maduro's case

New Delhi,UPDATED: Jan 6, 2026 05:59 IST

When 92-year-old US District Judge Alvin Hellerstein takes the bench, it raises a familiar question: why do so many American judges continue to serve despite their age? His handling of the Nicols Maduro case offers a timely lens on how the US judicial system is structured — and why age alone rarely forces judges to step aside.

Judge Hellerstein is no stranger to history-heavy courtrooms. Over nearly three decades on the federal bench, he has presided over cases tied to the September 11 attacks, Sudanese genocide claims and matters involving former president Donald Trump. Now, he is overseeing one of the most consequential prosecutions of a foreign leader in decades.

Hellerstein has also handled cases linked directly to Maduro’s alleged inner circle. In April 2024, he sentenced retired Venezuelan army general Cliver Alcal to more than 21 years in prison on drug trafficking charges. Another co-defendant, former Venezuelan intelligence chief Hugo Carvajal, is scheduled to be sentenced by Hellerstein on February 23.

WHY AGE RARELY ENDS A US JUDGE’S CAREER

A judge in his 90s is steering such high-stakes cases as is unusual in many countries. In the United States, it is not.

Under Article III of the US Constitution, federal judges — including Supreme Court justices — are granted lifetime appointments. The structure is deliberate, intended to shield judges from political pressure and ensure independence. There is no mandatory retirement age, and judges may serve as long as they are willing and able, unless removed through impeachment for serious misconduct.

As a result, judicial careers can stretch for decades. With Americans living longer, lifetime appointments now often span 30 or 40 years. The average age of a federal judge is about 69, according to recent studies, and there is no straightforward mechanism to compel retirement.

Judges who wish to scale back without fully stepping aside can take “senior status” from age 65, provided they have served at least 15 years. Senior judges keep their full salary but handle a reduced caseload, creating space for new appointments while retaining institutional experience. Still, many judges choose to remain active.

Public pressure to retire usually surfaces only at the Supreme Court level. During Barack Obama’s presidency, liberal icon Ruth Bader Ginsburg rejected calls to step down despite health concerns. She died in office at 87 in 2020, allowing Trump to appoint Amy Coney Barrett, a shift that cemented the court’s current 6–3 conservative majority.

In August last year, the US Court of Appeals for the Federal Circuit extended the suspension of Pauline Newman, then 98, after she declined to undergo neurological testing ordered as part of an investigation into her fitness to serve. Newman, the longest-serving judge on that court and a respected patent jurist, challenged the suspension in court but lost.

- Ends

With inputs from agencies