Ohio is not alone in having a mandatory retirement age for its jurists. 33 states plus D.C. have age limits for at least some of their judges. While Ohio’s current 70 is the most typical age, several states use 75: Kansas, Missouri (municipal court judges), Oregon, Texas (Appellate + District), Utah, and Washington.
A chart listing all mandatory retirement ages for state judges is below.
|
State |
Appellate |
Trial |
Constitution or Statute |
Notes |
|
Alabama |
70 |
70 |
Constitution: Art. VI, Sec. 155 (Amended), Amendment 328 |
May not be elected or appointed after 70. |
|
Alaska |
70 |
70 |
Constitution: Art. IV, Sec. 11 |
|
|
Arizona |
70 |
70/Varies |
Municipal courts: Varies |
|
|
Arkansas |
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|
California |
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|
Colorado |
72 |
72 |
Constitution: Art. VI, Sec. 23 |
|
|
Connecticut |
70 |
70 |
Constitution: Art. V, Sec. 6 |
|
|
Delaware |
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|
District of Columbia |
74 |
74 |
Statute: 1-204.31(c) |
|
|
Florida |
70 |
70 |
Constitution: Art. V, Sec. 8 |
May complete term if more than 50% of it has been served at age 70. |
|
Georgia |
Some but not all Municipal courts have mandatory retirement ages. |
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|
Hawaii |
70 |
70 |
Constitution: Art. VI, Sec. 3 |
|
|
Idaho |
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|
Illinois |
75* |
75* |
Constitution: Art. 6, Sec. 15 Statute: 705 ILCS 55/1* |
May serve out term in which turns 75. Statute was declared by the Supreme Court of Illinois to be unconstitutional, as written, because the Act violated the doctrine of equal protection. See: Maddux v. Blagojevich, 233 Ill. 2d 508 (2009). |
|
Indiana |
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|
Iowa |
72 |
72 |
Statute: 602.1610 |
|
|
Kansas |
75 |
75 |
Statute: 20-2608(a) |
May serve out term in which turns 75. |
|
Kentucky |
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|
Louisiana |
70 |
70/None |
Constitution: Art. V, Sec. 23 |
May serve out term in which turns 70. Mayors’ court judges have no age limit. |
|
Maine |
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|
Maryland |
70 |
70/None |
Constitution: Art. IV, Sec. 3 |
Orphan’s Court judges have no mandatory retirement age. |
|
Massachusetts |
70 |
70 |
Constitution: Art. 1, Part 2, Ch. 3 |
|
|
Michigan |
70 |
70 |
Constitution: Art. VI, Sec. 19 |
May not be elected or appointed after 70. |
|
Minnesota |
70 |
70 |
Constitution: Art. 6, Sec. 9 Statute: 490.121(21d) & 490.125 |
May serve to end of month turns 70. |
|
Mississippi |
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|
Missouri |
70 |
70/75 |
Constitution: Art. V, Sec. 26 Statute: 479.020(7) |
70 for Circuit Court, 75 for Municipal Court. |
|
Montana |
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|
Nebraska |
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|
Nevada |
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|
New Hampshire |
70 |
70 |
Constitution: Art. 78 |
|
|
New Jersey |
70 |
70 |
Constitution: Art. XI, Sec. IV |
|
|
New Mexico |
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|
New York |
70 |
70/None |
Constitution: Art. VI, Sec. 25 |
Generally: May serve until end of year in which 70 is reached. Town/Village: No age limit. |
|
North Carolina |
72 |
72 |
Constitution: Art. IV, Sec. 6 Statute: 7A-4.20 |
May serve to end of month turns 72. |
|
North Dakota |
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|
Ohio |
70 |
70/None |
Constitution: Art. IV, Sec. 6 |
Section interpreted as meaning may serve until end of term turns 70. Mayors’ court judges have no age limit. |
|
Oklahoma |
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|
Oregon |
75 |
75 |
Constitution: Art. VII (Amended), Sec. 1a |
Constitution allows age to be reduced to as low as 70 by statute or initiative. |
|
Pennsylvania |
70 |
70 |
Constitution: Art. V, Sec. 16 |
May serve until end of year in which 70 is reached. |
|
Rhode Island |
70 |
70 |
||
|
South Carolina |
72 |
72 |
Statute: 9-8-40 & 9-8-60 |
No limit for Probate or Municipal Courts. |
|
South Dakota |
70 |
70 |
Statute: 16-1-4.1 |
May serve into the January after attaining age 70. |
|
Tennessee |
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|
Texas |
75 |
75/None |
Constitution: Art. 5, Sec. 1-a |
Legislature may set at any age from 70 to 75. District & Criminal District Court: May serve out term in which turns 75 if completed at least 4 years of 6 year term. Municipal: Varies. All other trial courts: No limit. |
|
Utah |
75 |
75 |
Constitution: Art. VIII, Sec. 14 Statute: 49-18-701 |
|
|
Vermont |
90 |
90 |
Constitution: Sec. 35 Statute: 4-609 |
Legislature may set anywhere from end of the calendar year in which judge attains 70 to end of the term when judge attains 90. Legislature has opted for end of year attain 90. |
|
Virginia |
70 |
70 |
Constitution: Art. VI, Sec. 9 Statute: 51.1-305(B1) |
May serve until 20 days after the convening of the next regular session of the General Assembly. |
|
Washington |
75 |
75 |
Constitution: Art. IV, Sec. 3(a) |
May serve until end of year in which 75 is reached. |
|
West Virginia |
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|
Wisconsin |
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|
Wyoming |
70 |
70 |
Constitution: Art. 5, Sec. 5 |
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