New Jersey Senate Bill SCR46

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Proposes constitutional amendment to increase mandatory retirement age for judges and justices from 70 to 72.

Impact

The amendment seeks to amend Article VI, Section VI, paragraph 3 of the New Jersey Constitution, changing the age at which justices and judges are required to retire. Currently, the law necessitates the retirement of these judicial officials at age 70. The proposed change would evolve this age limit to 72, allowing judges to serve an additional two years while ensuring that they maintain 'good behavior' in office. This legislative change could significantly influence judicial appointments and the overall composition of the court, as it may extend the tenure of certain justices who may otherwise be replaced due to their age.

Process

If SCR46 is agreed upon, the revised constitutional amendment will be presented to the voters in a general election, with the ballot allowing citizens to express their approval or disapproval of the change. An interpretive statement will accompany the ballot question, explaining the implications of the amendment, ensuring the public is adequately informed before making their decision.

Summary

Senate Concurrent Resolution No. 46 (SCR46) proposes an amendment to the New Jersey Constitution aimed at increasing the mandatory retirement age for Justices of the Supreme Court and Judges of the Superior Court from 70 to 72 years. This proposal stems from a desire to allow experienced justices and judges to serve longer on the bench. Supporters argue that extending the retirement age will capitalize on the wealth of experience that older judges bring to their rulings, potentially enhancing the quality of justice delivered in the state.

Contention

While the bill has its advocates, there are notable concerns surrounding this proposed amendment. Critics may argue that prolonged tenures can hinder the infusion of new perspectives and diversity within the judiciary. The potential risks of aging judges delaying judicial turnover may lead to diminished opportunities for younger, potentially more diverse candidates to ascend to judicial positions. Additionally, there may be apprehensions regarding maintaining the health and competency standards of judges as they approach and surpass the traditionally accepted retirement age.