The Hawaii State Judiciary says that it has been receiving “quite a few inquiries” regarding constitutional amendment Question No. 3, which will appear on this November’s ballot along with four other questions.

That question asks voters to decide whether judges’ mandatory retirement age should be raised from 70 to 80. The Judiciary can’t take a position on the matter, but it has released some frequently asked questions to help the media and the public:

Q: What language will be presented on the November ballot?

A: Hawaii voters will decide whether to extend the mandatory retirement age for state judges from age 70 to age 80 by amending the Hawaii State Constitution. The text that will appear on the ballot for this issue reads: “Shall the mandatory retirement age for all state court justices and judges be increased from seventy to eighty years of age?”

Q: What is the current law for judges’ retirement?

A: The Hawaii State Constitution, states: “Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State.”

Q: Are federal judges subject to mandatory retirement by law? If so, what is the premise for that law? Would that law change if the proposed constitutional amendment passes? 

A: The United States Constitution, article III, section 1, gives federal judges life tenure. Unless a federal judge is impeached, the judge may continue to be a judge until death. The retirement age for federal judges is not impacted by the present proposed constitutional amendment which impacts state judges and justices only.

Q: Is there a mandatory retirement law in other states? 

A: Eighteen states have no mandatory retirement provisions and permit judges to serve for as long as they desire. Thirty-two states have some form of general mandatory judicial retirement age.

Q: How many recent judges were required to retire because of the mandatory retirement law?

A: Since 2010, eight judges retired as a result of the mandatory retirement law, including Supreme Court Chief Justice Ronald T.Y. Moon (2010), Associate Justices Simeon R. Acoba, Jr. (2014) and James E. Duffy (2012), three circuit court judges, one district court judges and one per diem circuit court judge.

Q: What other mechanisms, beyond mandatory retirement, ensure that judges have the mental competency and physical ability to perform their duties?

A: In Hawaii, justices and judges, regardless of age, may be removed from the bench for reasons of disability (as well as misconduct) in one of two ways:

• The Hawaii Supreme Court may censure, suspend, remove, or retire a judge upon the recommendation of the Commission on Judicial Conduct.
• The Judicial Selection Commission may decide that the judge should not be retained for another term.

Read Civil Beat’s related coverage:

Should We Raise the Retirement Age for Judges and Justices?

AARP Hawaii: Vote ‘Yes’ on Increasing Retirement Age of Judges

Kamehameha at the U.S. Capitol.

Civil Beat