united-states judge
Does Judge R Dearie have to quit the bench to accept a special master job?
<p>Any truth to the assertion that a SENIOR status judge is prevented from taking “outside employment”?</p>

<p><a href="https://www.law.cornell.edu/rules/frcp/rule_53" rel="nofollow noreferrer">FRCP 53</a> states the only rule of disqualification for special masters:</p>
<blockquote>
<p>(a)(2) A master must not have a relationship to the parties,
attorneys, action, or court that would require disqualification of a
judge under 28 U.S.C. §455, unless the parties, with the court's
approval, consent to the appointment after the master discloses any
potential grounds for disqualification.</p>
</blockquote>
<p>The rule also states that</p>
<blockquote>
<p>A magistrate judge is subject to this rule only when the order
referring a matter to the magistrate judge states that the reference
is made under this rule</p>
</blockquote>
<p>meaning that &quot;being a judge&quot; is not a bar to serving as a special master. He is a retired judge, so there is no bar arising from <a href="https://www.uscourts.gov/sites/default/files/vol02c-ch10.pdf" rel="nofollow noreferrer">federal court employment ethics rules</a>. Since the DoJ also proposed retired judges for this position, we can be pretty sure that it's legal to appoint a retired judge to be special master.</p>
