North Carolina 2023-2024 Regular Session

North Carolina House Bill H532

Introduced
3/29/23  

Caption

Modify Judicial Retirement Ages

Impact

The proposed modifications to the age limits and emergency service provisions are intended to enhance the efficiency and efficacy of the judicial system in North Carolina. By allowing retired judges to return temporarily, the bill seeks to ensure that the courts can continue to function without disruption, especially during periods of high demand or unexpected absences. Additionally, the removal of certain retirement age restrictions is seen as a necessary adjustment to reflect the longevity and capabilities of experienced judges, thereby bolstering the judicial workforce.

Summary

House Bill 532 aims to modify the maximum age for judicial service for justices, judges, and magistrates in North Carolina. The bill establishes new age limits, allowing justices and judges to serve until they reach 76 years of age. It also permits retired judges to apply for temporary emergency service, thereby expanding the pool of judges available for recall during times when the regular judges may be incapacitated or insufficient in number. This change aims to address shortages in the judiciary, particularly in emergency situations, while still providing guidelines regarding the upper age limits for judicial roles.

Sentiment

The sentiment around HB 532 appears to be generally positive with respect to enhancing judicial resource availability. Supporters argue that greater flexibility in judicial appointments will lead to better case management and reduce delays in the legal process. However, there are also concerns raised about the implications of extending service for older judges and whether this might impact the vigor and responsiveness of the judicial bench. The discussions may reflect broader themes of aging in professional roles and considerations of capacity versus experience.

Contention

Notable points of contention include concerns over the appropriateness of judges serving into older age brackets and the potential for diminishing returns on judicial effectiveness as judges age. Opponents may argue that while experience is valuable, it must be balanced with concerns over cognitive acuity and the capacity to manage the responsibilities of judicial roles effectively. The bill raises critical questions about age and capability, as well as how to manage an evolving judiciary in a way that best serves the public interest.

Companion Bills

No companion bills found.

Previously Filed As

NC H268

Modify Age Limits of Judges

NC H620

AOC Agency Requests.-AB

NC S648

AOC Agency Requests.-AB

NC S339

Restore NC Bar Appoint's/Judicial Discipline

NC H259

2023 Appropriations Act

NC SB1672

Judicial retirement; creating the Oklahoma Judicial Retirement Act of 2024; mandating retirement of certain judicial officers upon certain age. Emergency.

NC H335

Expand Emergency Judge Eligibility

NC H68

Reenact Nonpartisan Judicial Elections/Fund

NC S856

Modify Emergency Judge Provisions

NC SSB3203

A bill for an act relating to and making appropriations to the judicial branch, including by modifying the judicial retirement fund and membership of district judicial nominating commissions, and including effective date provisions.(See SF 2436.)

Similar Bills

NJ S1565

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers' Compensation Judges from 70 to 75.

NJ S3423

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers' Compensation Judges from 70 to 75.

NC H335

Expand Emergency Judge Eligibility

NJ A3165

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers' Compensation Judges and county prosecutors from 70 to 72.

NJ S1122

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers' Compensation Judges and county prosecutors from 70 to 72.

NJ S1488

Increases mandatory retirement age for Administrative Law Judges, Workers' Compensation Judges and county prosecutors from 70 to 75.

CA AB460

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GA HB462

Raise the Age Act; enact