Prof. Francis Shen Quoted in New York Times About the Capabilities of Older Judges

Professor Francis Shen, Solly Robins Distinguished Research Fellow, was quoted in the New York Times about older judges and their ability to continue to perform effectively in their positions, especially when many trials are long and arduous. The Times piece focused on Judge Frederic Block, who at 91, is one of America’s oldest active district court judges. In 2020, the average age of federal judges was 69, older than in any point in history. In 2023, a 96-year-old federal judge was suspended amid concerns over her mental fitness. Prof. Shen said all federal jurists need greater oversight of their fitness. He said that judges, who are appointed for life, would ideally receive routine, private assessments of their cognitive functions. But he is strongly opposed to creating a mandatory retirement age for federal judges, which he said would be both unconstitutional and needlessly deplete legal wisdom from the judiciary. He said, “I have no problem with a 91-year-old judge, so long as they can do the job.”