Ohio voters will head to the polls November 8 to decide the fate of Issue 1, marking the sixth time in 20 years the question of judicial retirement has been on the ballot (Hawaii 2006; Louisiana 1995 & 2003; Pennsylvania 2001; Texas 2007; Vermont 2002), with 4 victories to 2 defeats.
Four legislatures have adopted statutes to alter retirement (Indiana 2011; Kansas 2003 & 2010; North Carolina 1992; Vermont 2003). Moreover, Arizona has advanced a proposed change for the 2012 ballot while New York voters will probably address the issue in 2014. This marks a trend over the last several years in particular of state legislatures confronting judges living longer and the question of whether there should be any limits on service at all.
State by state breakdown below the fold.
Alabama
In the last decade, Alabama’s House and Senate have at various times both passed constitutional amendments for the elimination of mandatory judicial retirement and rejected them as well.
|
Year |
Bill number |
Change from/to |
Final status |
|
1999 |
SB 307 |
70 to 74 |
Approved by Senate committee |
|
2001 |
Eliminate |
Killed by full House |
|
|
2001 |
Eliminate |
Died in Senate committee |
|
|
2002 |
Eliminate |
Died in Senate committee |
|
|
2002 |
Eliminate |
Approved by full House. Died in Senate committee |
|
|
2003 |
Eliminate |
Killed by full House |
|
|
2003 |
Eliminate |
Died in House committee |
|
|
2010 |
70 to 72 |
Approved by full House and Senate committee. Killed by full Senate. |
|
|
2011 |
70 to 75 |
Killed in Senate committee |
Arizona
All efforts since 1990 to change the state’s mandatory retirement age of 70 have focused on increasing it to 75. The first round of bills (2002-2004) met with some success in the House but not the Senate. A second round (2005-2006) included a Senate effort to increase for the state’s main trial court judges (Superior Court) only. The Senate approved, the House balked. The third and continuing round (2007-2011) tied the increase to 75 with changes to the state’s merit selection system. Such a connective bill was passed in 2011 and is set to be voted on in 2012. Under SCR1001 the mandatory retirement age would go to 75, but the composition of the state’s merit selection commissions would be altered.
|
Year |
Bill number |
Change from/to |
Final status |
|
2002 |
70 to 75 |
Approved by House committee |
|
|
2003 |
70 to 75 |
Approved by House committee |
|
|
2004 |
70 to 75 |
Died in House committee |
|
|
2004 |
70 to 75 |
Rejected in Senate committee |
|
|
2005 |
70 to 75 |
Died in House committee |
|
|
2006 |
70 to 75 for Superior Court judges only |
Approved by full Senate. Rejected in House committee. |
|
|
2007 |
70 to 75 |
Died in Senate committee |
|
|
2008 |
70 to 75; Senate confirmation for judges selected through state’s merit selection system |
Died in Senate committee |
|
|
2009 |
70 to 75 |
Died in House committee |
|
|
2010 |
70 to 75 |
Approved by full Senate. Died in House committee. |
|
|
2011 |
70 to 75; increases to 8 years the term of office for Supreme, Court of Appeals, and Superior Court judges starting in 2013. Alters numerous provisions related to merit selection system. |
On November 2012 ballot |
Florida
As with Arizona, the Florida interest in changing the mandatory retirement age was connected to changes to judicial selection. Bills introduced in 1994 and 1996 would have raised the limit or allowed the legislature to do so at a later date. The constitutional amendment that appeared on the ballot excluded the reference to the mandatory retirement age.
|
Year |
Bill number |
Change from/to |
Final status |
|
1994 |
SJR 468 |
70 to 75 |
Died in Senate committee |
|
1996 |
HJR 1415 |
70 to legislatively set age of at least 72. Alters merit selection system. Alters judicial qualifications commission membership and procedures. |
Approved by House Committee |
|
1996 |
SJR 578 |
70 to 72; creates single trial court by merging County Courts into Circuit Courts. |
Approved by Senate committee |
|
1996 |
SJR 978 |
70 to any age set by statue; alters merit selection system and judicial qualifications commission membership and procedures. |
Provisions related to retirement age removed; remaining portions put on 1996 ballot. |
|
1999 |
70 to 75 |
Approved by Senate committee |
Hawaii
In 2005, Hawaii was faced with a Republican Governor (something which had not happened since 1962), a very Democratic legislature, and several members of the state’s courts up against the mandatory retirement age of 70. The state’s senate proposed a standalone constitutional amendment eliminating the retirement age which went down to a nearly 2-1 defeat. A 2008/2009 effort to increase the age to 80 for justices and judges appointed after November 4, 2008 (i.e. after the Republican governor would be term limited out of office) died in a conference committee.
|
Year |
Bill number |
Change from/to |
Final status |
|
2006 |
Eliminate |
Rejected by voters 65%-35% |
|
|
2008 |
70 to 72 |
Died in House committee |
|
|
2008 |
70 to 80, but only for judges appointed after November 4, 2008 |
Died in conference committee |
|
|
2009 |
70 to end of term in which turn 70 |
Died in House committee |
Indiana
|
Year |
Bill number |
Change from/to |
Final status |
|
1999 |
Eliminates any remaining references to mandatory retirement ages left in statute |
Died in House committee |
|
|
2003 |
Eliminates any remaining references to mandatory retirement ages left in statute; provides for elimination of merit selection of judges in various counties. |
Died in House committee |
|
|
2011 |
Eliminates any remaining references to mandatory retirement ages for trial courts left in statute |
Signed into law. |
|
|
2011 |
Eliminates any remaining references to mandatory retirement ages for trial courts left in statute |
Signed into law. |
Kansas
Kansas had been considering a change to its statutes regarding mandatory judicial retirement at 70 for several years before a 2002 Supreme Court order reset the dynamics. In March of that year, in response to legislative cuts to the courts, the Supreme Court entered an order for emergency surcharges on various court filings, fees, and fines. The language of a 2000 bill was then reintroduced in 2003 to increase the mandatory retirement age for judges, even the Court of Appeals, except the Supreme Court. That version was enacted. It was not until 2010 that the law was further amended to include the Supreme Court in the increase.
|
Year |
Bill number |
Change from/to |
Final status |
|
1999 |
Appellate courts: end of term turns 70 to 75; Trial Court: 70 to end of term in which turn 70. |
Approved by full House and Senate committee. Died on Senate floor. |
|
|
2000 |
End of term turns 70 to 75 |
Died in House committee |
|
|
2002 |
End of term turns 70 to 75 |
||
|
2002 |
Eliminates |
Died in House committee |
|
|
2001 |
End of term turns 70 to 75 |
Died in Senate committee |
|
|
2003 |
Supreme Court: Remain end of term in which turn 70. Court of Appeals and District Court: end of term in which turn 70 to end of term in which turn 75. |
Signed into law. |
|
|
2003 |
End of term turns 70 to 75 |
Approved by full Senate. Died in House committee. |
|
|
2008 |
Appellate courts: end of term turns 70 to end of term in which turns 73; Trial Court: 70 to end of term in which turn 75 |
Died in House committee |
|
|
2010 |
Eliminates |
Approved by full House. Approved by Senate committee. |
|
|
2010 |
Supreme Court: end of term turns 70 to end of term in which turns 75 |
Signed into law. |
Louisiana
Louisiana has had two efforts to increase the retirement ages of its judges. The first was in the early 1990s and sought an increase from 70 to 75. It was put up on the ballot in 1995, along with 14 other items, as Amendment 4. It was one of only 2 proposals to lose. The loss can at least in part be attributed to bad timing; the same 1995 ballot included as Amendment 2 term limits for the legislature. It passed overwhelmingly 75%-25%, making the “mere” 62%-38% drubbing Amendment 4 took somewhat remarkable. Thereafter the issue lay dormant for almost a decade until 2003 when a change was proposed to allow judges to serve out the term in which they turned 70. Like its 1995 its counterpart it was one of 14 items on an October ballot. The 2003 effort, however, succeeded.
|
Year |
Bill number |
Change from/to |
Final status |
|
1993 |
70 to 75 |
House committee approved |
|
|
1995 |
70 to 75 |
House committee approved |
|
|
1995 |
70 to 75 |
Rejected on October 1995 ballot 62%-38% |
|
|
1995 |
70 to 75 |
Approved by full Senate and House committee. Replaced with HB 234. |
|
|
1997 |
70 to 75; increases from 5 to 10 number of years individual practice law before being eligible to run for most judicial offices |
Died in House committee |
|
|
2003 |
70 to end of term in which turn 70 |
Approved on October 2003 ballot 53%-47% |
|
|
2003 |
70 to end of term in which turn 70 |
Approved by full House. Died in Senate committee. |
|
|
2003 |
70 to 75 |
Failed to reach 2/3rds vote in House |
|
|
2003 |
70 to 76 |
Approved by full Senate. House amended (see HB 19) |
Michigan
|
Year |
Bill number |
Change from/to |
Final status |
|
2001 |
70 to 75 |
Died in House committee |
|
|
2007 |
70 to 75 |
Died in House committee |
Massachusetts
|
Year |
Bill number |
Change from/to |
Final status |
|
2010 |
70 to 76 |
Approved by Joint Judiciary Committee |
|
|
2011 |
70 to 76 |
Approved by Joint Judiciary Committee |
Minnesota
|
Year |
Bill number |
Change from/to |
Final status |
|
2011 |
From end of month turns 70 to end of “official year of the state in the first even-numbered year”. Deletes provision that puts word “incumbent” after judge’s name if seeking re-election. |
Died in House committee |
|
|
2011 |
From end of month turns 70 to end of “official year of the state in the first even-numbered year”. Deletes provision that puts word “incumbent” after judge’s name if seeking re-election. |
Died in Senate committee |
Missouri
Missouri is one of only a handful of states that have a different retirement age for trial and appellate judges. Moreover, municipal judges have a higher retirement age (75) than that of the judges of all the other courts (Circuit, Court of Appeals, and Supreme Court = 70).
|
Year |
Bill number |
Change from/to |
Final status |
|
2001 |
70 to 75 for all but municipal judges |
Died in Senate committee |
|
|
2002 |
75 to 70 for municipal judges |
Killed in conference committee |
|
|
2006 |
75 to 65 for municipal judges in home rule cities over 400,000 |
Killed by Senate committee |
|
|
2006 |
75 to 65 for municipal judges |
Died in House committee |
|
|
2006 |
75 to 65 for municipal judges in home rule cities over 400,000 |
Died in conference committee |
|
|
2011 |
75 to 78 for municipal court judges |
Approved by full House. Killed in Senate committee |
|
|
2011 |
75 to 78 for municipal court judges |
Approved by House committee |
North Carolina
|
Year |
Bill number |
Change from/to |
Final status |
|
1992 |
70 to 72 for appellate judges |
Signed into law |
|
|
2003 |
Eliminate |
Died in House Committee |
|
|
2004 |
Allow District Judges only to serve out term turn 72; put in as section of general appropriations act |
Rejected in conference committee |
|
|
2005 |
Allow District Judges only to serve out term turn 72 |
Died in House committee |
|
|
2005 |
72 to year in which turns 72 |
Ends nonpartisan elections and replaces with merit selection system. |
|
|
2005 |
Allow District Judges only to serve out term turn 72 |
Died in Senate committee |
New Jersey
|
Year |
Bill number |
Change from/to |
Final status |
|
2000 |
70 to 75 |
Died in Senate committee |
|
|
2006 |
70 to 75 |
Died in Assembly committee |
|
|
2006 |
70 to 75 |
Died in Senate committee |
|
|
2008 |
70 to 75 |
Died in Assembly committee |
|
|
2008 |
70 to 75 |
Died in Senate committee |
|
|
2010 |
70 to 75 |
Died in Assembly committee |
|
|
2010 |
70 to 75 |
Died in Senate committee |
New York
|
Year |
Bill number |
Change from/to |
Final status |
|
2011 |
End of year turn 70 to end of year turn 80 for Court of Appeals (state’s top court) only |
Replaced by SB 5827 |
|
|
2011 |
End of year turn 70 to end of year turn 74 for all judges except town/village |
Approved by full Senate. |
|
|
2011 |
end of year turn 70 to end of year turn 80 for Court of Appeals (state’s top court) only |
Approved by legislature. Requires re-adoption by 2013-2014 legislature before submission to public vote. |
Ohio
|
Year |
Bill number |
Change from/to |
Final status |
|
2009 |
70 to 75; eliminates the authority of the General Assembly to establish courts of conciliation and to reappoint a Supreme Court commission. Amended to require general election judicial races be partisan. |
Died in House committee |
|
|
2010 |
Eliminate |
Died in House committee |
|
|
2010 |
70 to 75; eliminates the authority to establish courts of conciliation and to appoint a Supreme Court commission. |
Died in Senate committee |
|
|
2011 |
70 to 75; eliminates the authority to establish courts of conciliation and to appoint a Supreme Court commission. |
On November 2011 ballot |
Pennsylvania
Throughout the 1990s several attempts were made to extend judicial terms to the end of the calendar year a judge turned 70.The extension was added onto a bill related to reapportionment, but approved by the voters in a separate vote in May 2001 where it won on a 2-1 vote.
|
Year |
Bill number |
Change from/to |
Final status |
|
1993 |
70 to end of calendar year turn 70 |
Died in House committee |
|
|
1994 |
70 to end of calendar year turn 70 |
Died in House committee |
|
|
1995 |
70 to end of calendar year turn 70 |
Died in House committee |
|
|
1995 |
70 to end of calendar year turn 70 |
Died in House committee |
|
|
1998 |
70 to end of calendar year turn 70 |
Approved and forwarded to 1999/2000 legislature |
|
|
1999 |
70 to end of calendar year turn 70 |
Replaced by SB 231 |
|
|
1999 |
70 to end of calendar year turn 70 |
Approved by voters 66%-34% on 2001 ballot. |
|
|
2010 |
Eliminate |
Died in House committee |
South Dakota
|
Year |
Bill number |
Change from/to |
Final status |
|
2009 |
70 to 75 |
Killed in Senate committee |
Texas
The 2007 Texas amendment noted below was the first effort in a decade to change the state’s judicial retirement. It was one of 16 ballot items voters cast ballots on in November 2007, all of which passed.
|
Year |
Bill number |
Change from/to |
Final status |
|
1993 |
Eliminate |
Died in House committee |
|
|
1997 |
Eliminate |
Died in House committee |
|
|
2007 |
Retains legislature’s power to set retirement to age any between 70 and 75. Provides justice or judge who reaches the mandatory age of retirement during the first four years of the justice’s or judge’s term of office to complete the first four years of the justice’s or judge’s current term. |
Approved by voters 75%-25% |
Virginia
For each of the past 5 years it appeared that Virginia General Assembly would raise the mandatory retirement age for judges and in each one of those years it failed, often at the last minute. Part of the challenge is the statutory placement of the law itself; Virginia Code 51.1-305(B1) not only sets 70 as the mandatory age for judges, but for members of the state Corporation Commission who are also members of the Judicial Retirement System. Trying to craft a bill that does, or does not, also change the retirement provisions for the members of the Commission has been a sticking point. The result has been numerous attempts, including three tie-vote-failures in committee.
|
Year |
Bill number |
Change from/to |
Final status |
|
1998 |
Exempts juvenile and domestic relations judges in the 27th judicial district from mandatory retirement. |
Killed in House committee |
|
|
2000 |
Eliminates for judges taking office after July 2000. |
Approved by full Senate. Killed in House committee. |
|
|
2007 |
70 to 75 for judges taking office after July 2007 |
Approved by full Senate. Died in House committee. |
|
|
2008 |
Original: 70 to 75 for judges taking office after July 2008; Amended: 70 to 73 for judges taking office after July 2008 |
Killed by full House |
|
|
2008 |
Original: 70 to 75 for judges taking office after July 2008; Committee amended: 70 to 75, all judges; Floor amended: 70 to 75, eliminates special provisions related to Corporation Commission. |
Killed on Senate floor |
|
|
2008 |
70 to 75 |
Incorporated into SB 19 |
|
|
2009 |
70 to 75 |
Killed on Senate floor |
|
|
2009 |
70 to 75, eliminates special provisions related to Corporation Commission. |
Killed on Senate floor |
|
|
2010 |
Senate committee amendment: 70 to 73, eliminates special provisions related to Corporation Commission. |
Killed in conference committee |
|
|
2010 |
70 to 73, eliminates special provisions related to Corporation Commission. |
Approved by full Senate. Died in House committee. |
|
|
2010 |
70 to 73, eliminates special provisions related to Corporation Commission. |
Approved by full Senate. Killed on tie vote in House committee. |
|
|
2010 |
70 to 76 for District Judges only |
Incorporated into SB 206 |
|
|
2011 |
70 to 73, eliminates special provisions related to Corporation Commission. |
Killed on tie vote in House committee |
|
|
2011 |
70 to 73, eliminates special provisions related to Corporation Commission. |
Died in House committee |
|
|
2011 |
70 to 73, eliminates special provisions related to Corporation Commission. |
Approved by full Senate. Killed by House committee |
Vermont
When originally proposed in the Vermont Senate, the bill to simply eliminate the retirement age. A committee amendment changed it to a range to be set by the legislature instead. The legislature would later opt for the high end, passing a statute in 2003 to set it as being the end of the calendar year the judge turns 90.
|
Year |
Bill number |
Change from/to |
Final status |
|
1999 |
Original: Eliminate. Amended: End of term turn 70 to any age between 70 and 90 legislature sets. |
Approved 64%-36% on November 2002 ballot. |
|
|
2003 |
Original: Eliminate. Senate amended: 70 to end of calendar year turn 80. Requires judicial evaluations be given to legislature. Conference committee/Enacted: 70 to end of calendar year turn 90. |
Signed into law. |
Washington
|
Year |
Bill number |
Change from/to |
Final status |
|
2007 |
Eliminates |
Approved by House committee |
|
|
2010 |
Eliminates |
Died in House committee |
|
|
2011 |
Eliminates |
May be carried over into 2012 |
|
|
2011 |
End of year turns 70 to end of term turns 70 |
May be carried over into 2012 |
|
|
2011 |
Eliminates |
May be carried over into 2012 |
Wyoming
|
Year |
Bill number |
Change from/to |
Final status |
|
2010 |
Eliminates |
Approved by full House and Senate committee. Killed by full Senate. |
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