Carley also asked Deal to appoint him to be a senior appellate court judge so he can to continue to consider motions filed in cases that were decided by the court when he was still an active justice and also because he hopes to serve as a senior judge in other courts after his retirement. Last year, the court's justices voted to allow Carley to serve as chief justice for two months before he steps down from the bench.
Carley would have been next in line to become the court's chief justice based on seniority, but he has said there was no chance he would seek reelection. Under state law, judges cannot collect their pensions if they stay on the bench after they turn 75. Carley will be 74 when his term ends next year.