Bill Text: NJ ACR123 | 2016-2017 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to increase mandatory retirement age for judges from 70 to 75.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-02-04 - Introduced, Referred to Assembly Judiciary Committee [ACR123 Detail]

Download: New_Jersey-2016-ACR123-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 123

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED FEBRUARY 4, 2016

 

 

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to increase mandatory retirement age for judges from 70 to 75.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 3 of the New Jersey Constitution.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VI, Section VI, paragraph 3 to read as follows:

     3.    The Justices of the Supreme Court and the Judges of the Superior Court shall hold their offices for initial terms of [7] seven years and upon reappointment shall hold their offices during good behavior; provided however, that, upon the abolition of the juvenile and domestic relations courts or family court and county district courts as provided by law, the judges in office in those former courts who have acquired tenure and the Judges of the Superior Court who have acquired tenure as a judge in those former courts prior to appointment to the Superior Court, shall have tenure as Judges of the Superior Court. Judges of the juvenile and domestic relations courts or family court and county district courts who have not acquired tenure as a judge of those former courts shall hold their offices for the period of their respective terms which remain unexpired and shall acquire tenure upon reappointment to the Superior Court.

     Such justices [and judges] shall be retired upon attaining the age of 70 years. Such judges shall be retired upon attaining the age of 75 years. Provisions for the pensioning of the Justices of the Supreme Court and the Judges of the Superior Court shall be made by law.

(cf: Art.VI, Sec.VI, par.3; amended effective December 8, 1983)

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO INCREASE MANDATORY RETIREMENT AGE FOR JUDGES
	YES	Do you approve amending the Constitution to increase the mandatory retirement age for judges of the Superior Court from age 70 to age 75?
		INTERPRETIVE STATEMENT
	NO	Currently, the Constitution requires Justices of the New Jersey Supreme Court and Judges of the New Jersey Superior Court to retire at age 70. This amendment would raise the required retirement age for judges of the Superior Court. These judges would be required to retire at age 75. The amendment would not change the retirement age for Justices of the Supreme Court, who would still be required to retire at age 70.

 

 

STATEMENT

 

     This concurrent resolution proposes an amendment to Article VI, Section VI, paragraph 3 of the New Jersey Constitution which would increase the mandatory retirement age for Judges of the Superior Court. Currently, the Constitution requires Justices of the New Jersey Supreme Court and Judges of the New Jersey Superior Court to retire at age 70. Under the amendment, mandatory retirement for judges of the Superior Court would be at age 75. Mandatory retirement for Justices of the Supreme Court would continue to be at age 70.