I mentioned that Virginia will be addressing the issue of mandatory retirement ages for judges again for the seventh year in a row, but a bill submitted recently may add a new wrinkle the retirement age debate.
HB 279 increases the mandatory judicial retirement to the expiration of a judge’s term after the age of 70. However, this increase will not go into effect “unless and until the Judicial Performance Evaluation Program is funded and implemented under the provisions of § 17.1-100 of the Code of Virginia.”
Virginia launched a pilot Judicial Performance Evaluation Program in 2002 (HB 999) and made it permanent in 2005 (HB 2321) but made the actual reporting of the information contingent on funding (“The reporting requirement of this section shall become effective when funds are appropriated for this program and the first justice or judge is evaluated.)
HB 279 has been assigned to the House Courts of Justice Committee.