Louisiana: Constitutional amendment would eliminate mandatory retirement age for judges, but could result in elimination of all age requirements for all public offices and employment

A plan to eliminate Louisiana’s mandatory judicial retirement age and replace it with a certification system has been filed for the upcoming session. The language, however, might have broader ramifications.

HB 203 as filed would strike the language in the state constitutions that judges but forced to retire at the end of the term in which they reach 70. It would also allow the legislature to require judges over 70 to report to the state’s judicial disciplinary commission (the Judiciary Commission) to be reviewed.

HB 215 implements the provision for Judicial Commission review of judges over 70.

HB 203 goes a step further that simply ending mandatory judicial retirement for judges however. It adds a provision in Article X of the state constitution that “No person shall be denied the right to hold public office or public employment based solely on age.” That would appear to eliminate the minimum age requirements for legislators (18) and governors (25) and end mandatory retirement ages or minimum age requirements for any government employment.

HB 203 and HB 215 have been prefiled for the 2018 regular session.