Maryland: Senate approves plan to increase mandatory judicial retirement age from 70 to 73, but sitting judges would need governor’s permission to get increase

A plan to increase Maryland’s mandatory judicial retirement age cleared the Maryland Senate 40-4 last week. SB 502 would, subject to voter approval, amend the state’s constitution to increase the age from 70 to 73 for new judges. As was the case in Virginia (noted here) there were efforts made to exempt currently sitting judges from the increase. As a result, SB 502 creates a two-tiered system for the increase

  1. All judges “first elected or appointed to office” after adoption of the amendment would get the increase to 73.
  2. Sitting judges in office at the time the amendment was adopted would be allowed the additional 3 years only if the governor permits it. (The judge “applies for, and is granted, an extension by the Governor to serve until the judge completes the judge’s term or attains the age of seventy-three years, whichever occurs first.”)

The bill is now pending in the House Rules and Executive Nominations Committee, however the legislature is set to adjourn on April 11 making it unclear if SB 502 will appear on the 2016 ballot.