Texas House Bill HJR39

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Proposing a constitutional amendment to repeal the mandatory age of retirement for state justices and judges.

Impact

If HJR39 is passed, it would directly amend Article V of the Texas Constitution, effectively changing the conditions under which a justice or judge must retire. The implications of this amendment could lead to an increase in the number of older, experienced judges continuing to serve on the bench. This change might also set a precedent for other states, as at least fifteen states in the U.S. do not impose mandatory retirement ages for judges, and the federal judiciary does not have such a requirement either.

Summary

HJR39 proposes a constitutional amendment to repeal the mandatory retirement age for state justices and judges in Texas. Currently, the Texas Constitution mandates that justices and judges retire upon reaching the age of seventy-five. This amendment aims to remove that requirement, arguing that age should not be a disqualifying factor for judicial service. The proponents of HJR39 believe that this change would allow for the retention of experienced judges and justices, which they assert is crucial for maintaining a quality judiciary in Texas.

Sentiment

The general sentiment surrounding HJR39 has been supportive among its sponsors and some committee members. Proponents argue that the amendment aligns with contemporary views on aging and competency, suggesting that many individuals remain capable and effective in their roles as they grow older. However, some opponents raised concerns about age-related capabilities and the potential need for refreshing the judiciary with new perspectives and ideas, indicating a divide in views regarding the implications of allowing older judges to serve longer.

Contention

Notable points of contention include whether extending judicial terms for older individuals may hamper the introduction of new ideologies and approaches to the judicial process. Critics argue that while experience is valuable, the judiciary should reflect a diverse range of ages and perspectives, which might be compromised if older judges can serve indefinitely. The lack of mandatory retirement could also lead to discussions about the evolution of judicial philosophies and how they may need to adapt to changing societal norms and expectations.