Wisconsin Senate Bill SB569

Wisconsin 2023-2024 Regular Session

• Introduced: 10/23/23
• Refer: 10/23/23
• Failed: 4/15/24

Caption

Setting a maximum age for serving as a supreme court justice or judge of a court of record. (FE)

Impact

The passage of SB569 would significantly modify the landscape of judicial appointments in the state. By enforcing an upper age limit for justices and judges, the bill aims to encourage a turnover in judicial personnel, potentially leading to new perspectives in the judiciary. Proponents argue that this could contribute to more dynamic and adaptive legal interpretations that meet contemporary societal needs. However, the bill is predicated on the notion that age may impede the capacity of judges to perform their duties effectively.

Summary

Senate Bill 569 seeks to establish a maximum age limit for serving as a supreme court justice or judge of a court of record in Wisconsin. Specifically, the bill prohibits individuals who have reached the age of 75 from being elected or appointed to these judicial positions, with the exception of temporary reserve judges. This legislative move is grounded in Article VII, section 24 (2) of the Wisconsin Constitution, which allows the legislature to impose an age limit of not less than 70 years for such positions.

Contention

The proposal has sparked discussion and debate concerning the balance between experience and vitality in the judiciary. Critics may view the imposition of an age limit as unnecessary and possibly discriminatory, arguing that judicial ability should be assessed on an individual basis rather than determining eligibility by age alone. Furthermore, there may be concerns about the loss of institutional knowledge and the implications for judges nearing retirement age already in office.

Further_details

As this bill progresses through the legislative process, it will likely face scrutiny from various stakeholders, including legal professionals, advocacy groups, and the general public. The impact of such a change will not only shape the future of the Wisconsin judiciary but also serves as a litmus test for broader discussions surrounding age, capability, and public service roles.