Bill Text: HI SB2319 | 2024 | Regular Session | Introduced
Bill Title: Proposing An Amendment To Article Vi, Section 3, Of The Hawaii State Constitution To Increase The Mandatory Retirement Age For State Justices And Judges.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Enrolled) 2024-03-22 - Passed Second Reading and referred to the committee(s) on FIN with Representative(s) Amato, Hussey-Burdick voting aye with reservations; Representative(s) Ganaden, Souza voting no (2) and Representative(s) Martinez, Nakashima, Quinlan excused (3). [SB2319 Detail]
Download: Hawaii-2024-SB2319-Introduced.html
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THE SENATE |
S.B. NO. |
2319 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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 appointment. If the senate shall reject 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.
The
judicial selection commission shall disclose to the public the list of nominees
for each vacancy concurrently with the presentation of each list to the
governor or the chief justice, as applicable.
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.
TENURE; RETIREMENT
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] seventy-five
years. They shall be included in any
retirement law of the State."
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 increased from seventy to seventy‑five years?"
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.
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INTRODUCED BY: |
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Report Title:
Justices; Judges; Mandatory Retirement Age; Constitutional Amendment; Hawaii State Constitution
Description:
Proposes a constitutional amendment to increase the mandatory retirement age for justices and judges from 70 to 75 years.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
