Judges' retirement age up to the voters

The election will decide if Hawaii's judges should serve past 70

Voters in the Nov. 7 general election will decide whether Hawaii judges should remain on the bench past the mandatory retirement age of 70.

They will also have a second opportunity to approve an amendment to the law defining continuous sexual assaults that was overturned last year because of procedural errors.

Question No. 3 of five proposed constitutional amendments asks voters whether the mandatory retirement age for judges should be repealed. If it is repealed, judges who wish to serve beyond their term must be approved by the Judicial Selection Commission.

Judges expected to turn 70 before their terms expire include Chief Justice Ronald Moon, Chief Judge James Burns, Oahu Circuit Judge Michael Town, Maui Circuit Judge Shackley Raffetto, and Big Island Circuit Judge Matthew Pyun.

Thirty-four states and the District of Columbia require that judges retire at a specific age. Hawaii is among 20 states that require state judges to retire at age 70.

Proponents of the repeal argue that many members of the Hawaii bar have a wealth of valuable experience and knowledge and can still contribute at age 70. Others feel the best safeguard is a mandatory retirement age.

The state Judiciary does not take a position on the issue but the board of directors of the 4,554-member Hawaii State Bar Association voted to oppose the amendment's passage. They noted that the issue, which involves amending the Hawaii Constitution, hasn't been thoroughly reviewed.

Some in the legal community strongly feel that the mandatory retirement age is arbitrary.

The board expressed concerns that if there was a mandatory age requirement, what would be the age cap; whether the amendment should apply prospectively since all sitting judges were aware of the age requirement when they were appointed; whether there should be different age caps for trial court and appellate judges; or whether there were ways for the Judiciary to continue to utilize the experience, knowledge and wisdom of judges who reach age 70.