While the U.S. Court of Appeals for the Fifth Circuit is weighing whether to issue harsher punishment against him for sexually harassing a courthouse employee, U.S. District Judge Walter Smith of Waco quietly retired from the bench this week.

Smith sent a letter to President Barack Obama on Sept. 19 noting he would retire from the bench on that date, according to a Western District of Texas court official. Smith has reached the retirement age for an Article III judge, which would allow him to collect his judicial salary for the rest of his life—something Smith noted in the letter.

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