Although Kent purported to "retire", the minimum age at which a federal judge may retire with a pension is generally age 65, a condition that Kent, at age 59, did not meet. An exception allowing for early retirement is available where the judge seeking to retire certifies to the President that he is "permanently disabled from performing his duties," supplying a certification to that effect issued by the chief judge of the circuit. However, in May 2009, the United States Court of Appeals for the Fifth Circuit, in an opinion written by Chief Judge Edith Jones, denied Kent's disability status, and instead recommended his impeachment.