Judge Bobby E. Shepherd of the U.S. Court of Appeals for the Eighth Circuit informed his colleagues Monday that he intends to assume senior status once his successor is confirmed.

Shepherd, who was appointed to the Eighth Circuit by President George W. Bush in 2005, occupies an Arkansas seat on the court. By delaying his transition until a successor is confirmed, Shepherd will continue serving in active status until the vacancy is filled.

His move will create an opportunity for President Donald Trump to nominate a new judge to the court, subject to Senate confirmation. The Eighth Circuit hears appeals from federal district courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.

Even after taking senior status, Shepherd may continue hearing cases, as many senior judges do, while maintaining a reduced caseload.