Judges; Mandatory Retirement Age; Constitutional Amendment
Proposes a constitutional amendment to change the mandatory retirement age from 70 to 80 years for justices and judges appointed after November 4, 2008. (SB3202 HD1)
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII
A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO EXTEND THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES FROM SEVENTY TO EIGHTY YEARS OF AGE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in today's society, individuals are living longer, healthier lives, as evidenced by the growing number of older individuals throughout the United States and the world. The legislature further finds that a benefit of our aging society is the wisdom, experience, and skills that these older individuals possess, which should be both valued and respected, particularly in the workforce.
The legislature determines that the age restriction placed upon Hawaii's justices and judges, who are highly educated individuals who have served as learned members of the bar and now the bench, should be reconsidered. The wealth of knowledge and experience in interpreting Hawaii's laws that is retained by these individuals is invaluable to the residents of Hawaii.
The purpose of this Act is to propose an amendment to article VI, section 3, of the Constitution of the State of Hawaii to extend the mandatory retirement age for newly appointed state court justices and judges from seventy to eighty years of age.
SECTION 2. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"APPOINTMENT OF JUSTICES AND JUDGES
Section 3. The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts, by appointing a person from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the judicial selection commission.
If the governor fails to make any appointment
within thirty days of presentation, or within ten days of the senate's
rejection of any previous appointment, the appointment shall be made by the
judicial selection commission from the list with the consent of the senate. If
the senate fails to reject any appointment within thirty days thereof, it shall
be deemed to have given its consent to [
such] the appointment.
If the senate [ shall reject] rejects any appointment, the
governor shall make another appointment from the list within ten days thereof.
The same appointment and consent procedure shall be followed until a valid
appointment has been made, or failing this, the commission shall make the
appointment from the list, without senate consent.
The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than six nominees for the vacancy presented by the judicial selection commission. If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate shall hold a public hearing and vote on each appointment within thirty days of any appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent. The chief justice shall appoint per diem district court judges as provided by law.
QUALIFICATIONS FOR APPOINTMENT
Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination.
No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.
The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law.
Justices and judges shall be retired upon
attaining the age of [
seventy] eighty years[ . They],
with the exception of justices or judges first appointed prior to
November 5, 2008, who shall be retired upon attaining the age of seventy
years. Justices and judges shall be included in any retirement law of the
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the mandatory retirement age for all state court justices and judges be extended from seventy to eighty years of age for those state court justices and judges appointed after November 4, 2008?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.