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Judge's have a Mandatory Retirement Age -


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Did you know Judges have a Mandatory Age for Retirement?

Mandatory Retirement

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Mandatory Retirement is the compulsory retirement of judges who have reached a specific age determined by a state's constitution. There are 33 states and the District of Columbia that have set mandatory retirement ages. Set at 90 years, Vermont has the highest mandatory retirement limit.

Federal courts

Federal judges have no mandatory retirement date. They are appointed for life by the President of the United States with confirmation by the United States Senate. ^[1]

State courts

Mandatory retirement ages by state

State	Mandatory retirement age	Additional information
Alabama	70 [2]
Alaska	70 [3]
Arizona	70 [4][5]
Arkansas	-	No retirement age
California	-	No retirement age
Colorado	72 [6]
Connecticut	70 [7]
Delaware	-	No retirement age
District of Columbia	74 [8]
Florida	70 [9]	Judges may finish the final term if more than one-half has been served at age 70.[9]
Georgia		No retirement age
Hawaii	70 [10]
Idaho	-	No retirement age
Illinois	75 [11][12]
Indiana	-	No retirement age
Iowa	72 [13]
Kansas	75 [14]	Judges may finish the final term during which they turn 75[14]
Kentucky	-	No retirement age
Louisiana	70 [15]	Judges may finish the final term during which they turn 70[15]
Maine	-	No retirement age
Maryland	70 [16]
Massachusetts	70 [17]
Michigan	70 [18]
Minnesota	70 [19]	Judges must retire the last day of the month in which they have turned 70[19]
Mississippi	-	No retirement age
Missouri	70/75 [20][21]	Judges other than municipal judges must retire at 70.[20] Municipal judges must retire at 75.[21]
Montana	-	No retirement age
Nebraska	-	No retirement age
Nevada	-	No retirement age
New Hampshire	70 [22]
New Jersey	70 [23]
New Mexico	-	No retirement age
New York	70 [24]	Judges may finish out year they turn 70. There is no retirement limit for Town and Village Courts.
North Carolina	72 [25]	Judges must retire the last day of the month in which they have turned 72[25]
North Dakota	-	No retirement age
Ohio	70 [26]	Judges may finish the final term during which they turn 70[26]
Oklahoma	-	No retirement age
Oregon	75 [27]	Limit may be reduced to as low as 70 by statute or initiative.[27]
Pennsylvania	70 [28]	Judges may finish out year they turn 70. [28]
Rhode Island	-	No retirement age [29]
South Carolina	72 [30]	No limit for Probate or Municipal Court judges.[30]
South Dakota	70 [31]
Tennessee	-	No retirement age
Texas	75 [32]	Conditions may vary. See Article 5 for more information [32]
Utah	75 [33]
Vermont	90 [34][35]	Judges may finish out year they turn 90.[34]
Virginia	70 [36]	Judge will be retired 20 days after the regular session of the General Assembly following birthday.[36]
Washington	75 [37]	Judges may finish out year they turn 75[37]
West Virginia	-	No retirement age
Wisconsin	Formerly 70[38][39][40]	The Wisconsin Blue Book 2005-2006 states: "Wisconsin used to have a mandatory retirement age for judges and justices. From 1955 to 1978, judges and justices had to retire at age 70. Since 1977, the Wisconsin Constitution has authorized the legislature to impose a maximum age of no less than 70, but the legislature has not done so."[41]
Wyoming	70 [42]

Debate

Passed initiatives

• The Texas Proposition 14: The proposition permits a justice or judge to serve the remainder of their term despite reaching the mandatory age for retirement.^[43]

The ballot read as follows:

"The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice's or judge's current term."^[44]

PBS television program, Due Process special on Mandatory Retirement

• The Vermont Retirement Age for Judges Amendment: The wording on the ballot was, "Permits the General Assembly to prescribe by law the mandatory retirement age for justices of the Supreme Court and judges of all subordinate courts, not to be less than seventy years of age."

• The Wisconsin Retirement Age for Judges Amendment: This amendment was part of 4 questions on the April 1977 ballot that sought to reform the Wisconsin court system. Question 5 specifically modified Article VII, Section 24 of the Wisconsin constitution to all the legislature to sets a mandatory retirement age for judges and justices to any age 70 or above. ^[45]

The ballot read as follows:

"Mandatory retirement age. Shall section 24 of article VII of the constitution be amended, to authorize the legislature to set the age not less than 70 at which a justice or judge must retire?"^[45]

• The Washington Judge Retirements Amendment: The section that was added to the constitution by Amendment 25 says:

"A judge of the supreme court or the superior court shall retire from judicial office at the end of the calendar year in which he attains the age of seventy-five years. The legislature may, from time to time, fix a lesser age for mandatory retirement, not earlier than the end of the calendar year in which any such judge attains the age of seventy years, as the legislature deems proper. This provision shall not affect the term to which any such judge shall have been elected or appointed prior to, or at the time of, approval and ratification of this provision. Notwithstanding the limitations of this section, the legislature may by general law authorize or require the retirement of judges for physical or mental disability, or any cause rendering judges incapable of performing their judicial duties."

Failed initiatives

• The Ohio Judicial Office Age Amendment: appeared on the November 8, 2011 general election ballot in the state of Ohio as a Legislatively-referred constitutional amendment, where it was defeated. The measure would have raised the age of those occupying judicial office from 70 to 76. The measure was debated on during 2011 state legislative session. The measure was sent to the ballot before the end of that year's session.^[46]

• The Louisiana Increase Mandatory Age of Retirement for Judges from 70 to 75, Amendment: It was on the October 21, 1995 ballot in Louisiana. It was a legislatively-referred constitutional amendment and was defeated with 37.69% of the vote.

The ballot title was:

Increase Mandatory Age of Retirement for Judges from 70 to 75

External links

• Pittsburgh Post-Gazette, "Pennsylvania high court rejects changing mandatory retireent for judges," June 18, 2013
• WSJ Law Blog, "Pennsylvania Judges Sue over Mandatory Retirement Provision," November 14, 2012
• The Kansas City Star, "KC residents asked to boost retirement age for judges," October 23, 2012
• nbc29, "Valley Judge Forced into Mandatory Retirement," March 27, 2012
• The Sun Gazette, "Del. Hope Aims to Increase Mandatory Retirement Age for Judges," January 17, 2012
• Richmond Sunlight, "HB163: Judicial retirement; increases mandatory retirement age to 73." January 11, 2012
• Palm Beach Post, "Florida judges ask to have mandatory retirement age raised," Dec. 17, 2011
• Press of Atlantic City, Editorial: "New Jersey judges/ Raise retirement age," May 28, 2012

References

1. ↑ Gerald N. Hill and Kathleen T. Hill, "Definition of a Judge"
2. ↑ Amendment of Article VI of the Constitution of Alabama See section 6.16. Retirement
3. ↑ Alaskan Constitution Art. IV, Sec. 11
4. ↑ Arizona Constitution Art. VI Sec. 20
5. ↑ Arizona Constitution Art. VI Sec. 39
6. ↑ Colorado Constitution Art. VI Sec. 23
7. ↑ Connecticut Constitution Art. V, Sec. 6
8. ↑ michie.com, "Statute: 1-204.31(c)"
9. ↑ ^9.0 9.1 Florida Constitution Art. V, Sec. 8
10. ↑ Hawaii Constitution Art. VI, Sec. 3
11. ↑ 705 ILCS 55/1 "Compulsory Retirement of Judges Act."
12. ↑ Illinois Constitution Art. 6, Sec. 15
13. ↑ Chapter 602: Judicial Branch "602.1610 Mandatory retirement"
14. ↑ ^14.0 14.1 Chapter 20: CourtsArticle 26: Retirement System For Justices And Judges, "Statute: 20-2608(a)"
15. ↑ ^15.0 15.1 Louisiana Constitution Art. V, Sec. 23
16. ↑ Maryland Constitution Art. IV, Sec. 3
17. ↑ Constitution of the Commonwealth of Massachusetts, "Chapter III: Judiciary Power - Art. 1, Part 2, Ch. 3"
18. ↑ Michigan Constitution Art. VI, Sec. 19
19. ↑ ^19.0 19.1 Minnesota Statutes, "Statute: 490.121(21d) & 490.125,"
20. ↑ ^20.0 20.1 Missouri Constitution Art. V, Sec. 26
21. ↑ ^21.0 21.1 Missouri Revised Statutes, "Statute: 479.020(7),"
22. ↑ New Hampshire Constitution Art. 78
23. ↑ New Jersey Constitution Art. XI, Sec. IV
24. ↑ New York Constitution Art. VI, Sec. 25
25. ↑ ^25.0 25.1 ncga.state.nc.us, "Article 1B: Age Limits for Service as Justice or Judge."
26. ↑ ^26.0 26.1 Ohio Constitution Art. IV, Sec. 6
27. ↑ ^27.0 27.1 Oregon Constitution Art. VII, Sec. 1a
28. ↑ ^28.0 28.1 Pennsylvania Constitution Art. V, Sec. 16
29. ↑ Methods of Judicial Selection: Rhode Island
30. ↑ ^30.0 30.1 South Carolina Legislature, "Title 9 - Retirement Systems"
31. ↑ South Dakota Legislature, "Statute: 16-1-4.1"
32. ↑ ^32.0 32.1 Texas Constitution Art. 5, Sec. 1-a
33. ↑ Utah State Legislature, "Statute: 49-18-701: Judges' mandatory retirement age."
34. ↑ ^34.0 34.1 Vermont State Legislature, "Statute: 4-609 - Judicial retirement"
35. ↑ Vermont Constitution Sec. 35
36. ↑ ^36.0 36.1 Virginia State Legislature, "Statute: 51.1-305. Service retirement generally."
37. ↑ ^37.0 37.1 Washington Constitution Art. IV, Sec. 3(a)
38. ↑ Wisconsin Retirement Age for Judges and Justices
39. ↑ Wisconsin Constitution Art. VII, Sec. 24
40. ↑ American Judicature Society: Methods of Judicial Selection - Wisconsin
41. ↑ Wisconsin Blue Book 2005-2006
42. ↑ Wyoming Constitution Art. 5, Sec. 5
43. ↑ Proposition 14 language
44. ↑ Texas Secretary of State, "Ballot Language For November 6, 2007 Constitutional Amendment"
45. ↑ ^45.0 45.1 The Wisconsin Blue Book 1977, p.870
46. ↑ Ohio Legislature, "H.J.R. 1", Retrieved March 10, 2011