Hawaii Senate Bill SB992

Hawaii 2023 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23
• Report Pass: 2/9/23
• Refer: 2/9/23
• Report Pass: 3/3/23
• Engrossed: 3/7/23
• Refer: 3/9/23
• Enrolled: 3/13/23

Caption

Proposing An Amendment To Article Vi, Section 3, Of The Hawaii State Constitution To Increase The Mandatory Retirement Age For State Justices And Judges.

Impact

The passage of SB992 would result in changes to the retirement policies for judges and justices in Hawaii. By increasing the retirement age, the state would retain experienced legal professionals longer, potentially leading to a more stable and knowledgeable judiciary. Critics mention concerns about the implications of maintaining older jurists in roles that require active decision-making, suggesting that longer tenure may not serve the interests of a judiciary that should reflect contemporary values and perspectives.

Summary

SB992 proposes an amendment to Article VI, Section 3 of the Hawaii State Constitution, aiming to increase the mandatory retirement age for state justices and judges from seventy to seventy-five years. The bill was introduced to address the need for experienced justices and judges to continue serving in their roles, allowing them to contribute additional years to the judicial system. This amendment seeks to align with the changing demographics and longer life expectancy, emphasizing the value of seasoned jurists in overseeing legal matters crucial to the community.

Sentiment

The general sentiment surrounding SB992 appears to be mixed. Supporters argue that extending the working age for judges and justices allows for the retention of valuable experience, enhancing the judiciary's functionality. On the contrary, opponents express concerns about potential stagnation within the judiciary and advocate for regular turnover to infuse new ideas and approaches into the legal system. This sentiment highlights a broader debate about balancing experience with the need for innovation within the state's judicial framework.

Contention

Notable points of contention regarding SB992 include discussions relating to the balance between experience and vitality within the judicial system. Opponents question whether extending the retirement age may inhibit the necessary influx of fresh perspectives into the courts, while proponents assert that experience leads to better judicial decision-making and promotes public confidence in the legal system. The debate illustrates the complexities of judicial tenure and how it impacts the overall efficacy of the legal processes in Hawaii.