Bill Text: HI HB2509 | 2024 | Regular Session | Amended
Bill Title: Proposing An Amendment To Article Vi, Section 3 Of The Hawaii State Constitution To Increase The Mandatory Retirement Age For State Justices And Judges.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Enrolled) 2024-04-12 - Received notice of disagreement (Hse. Com. No. 731). [HB2509 Detail]
Download: Hawaii-2024-HB2509-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2509 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3 OF THE HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to propose an amendment to article VI, section 3, of the Constitution of the State of Hawaii to increase the mandatory retirement age for justices and judges to the age of seventy-five years.
SECTION 2. Article VI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:
"APPOINTMENT
OF JUSTICES AND JUDGES
Section
3. The governor, with the consent of
the senate, shall fill a vacancy in the office of the chief justice, supreme
court, intermediate appellate court and circuit courts, by appointing a person
from a list of not less than four, and not more than six, nominees for the
vacancy, presented to the governor by the judicial selection commission.
If the governor fails to make any
appointment within thirty days of presentation, or within ten days of the
senate's rejection of any previous appointment, the appointment shall be made
by the judicial selection commission from the list with the consent of the
senate. If the senate fails to reject
any appointment within thirty days thereof, it shall be deemed to have given
its consent to such appointment. If the
senate shall reject any appointment, the governor shall make another appointment
from the list within ten days thereof.
The same appointment and consent procedure shall be followed until a
valid appointment has been made, or failing this, the commission shall make the
appointment from the list, without senate consent.
The chief justice, with the consent of the
senate, shall fill a vacancy in the district courts by appointing a person from
a list of not less than six nominees for the vacancy presented by the judicial
selection commission. If the chief
justice fails to make the appointment within thirty days of presentation, or
within ten days of the senate's rejection of any previous appointment, the
appointment shall be made by the judicial selection commission from the list
with the consent of the senate. The
senate shall hold a public hearing and vote on each appointment within thirty
days of any appointment. If the senate
fails to do so, the nomination shall be returned to the commission and the
commission shall make the appointment from the list without senate consent. The chief justice shall appoint per diem
district court judges as provided by law.
The judicial selection commission shall
disclose to the public the list of nominees for each vacancy concurrently with
the presentation of each list to the governor or the chief justice, as
applicable.
QUALIFICATIONS
FOR APPOINTMENT
Justices and judges shall be residents and
citizens of the State and of the United States, and licensed to practice law by
the supreme court. A justice of the
supreme court, a judge of the intermediate appellate court and a judge of the
circuit court shall have been so licensed for a period of not less than ten
years preceding nomination. A judge of
the district court shall have been so licensed for a period of not less than
five years preceding nomination.
No justice or judge shall, during the term
of office, engage in the practice of law, or run for or hold any other office
or position of profit under the United States, the State or its political
subdivisions.
TENURE;
RETIREMENT
The term of office of justices and judges
of the supreme court, intermediate appellate court and circuit courts shall be
ten years. Judges of district courts
shall hold office for the periods as provided by law. At least six months prior to the expiration
of a justice's or judge's term of office, every justice and judge shall
petition the judicial selection commission to be retained in office or shall
inform the commission of an intention to retire. If the judicial selection commission
determines that the justice or judge should be retained in office, the
commission shall renew the term of office of the justice or judge for the
period provided by this section or by law.
Justices and judges shall be retired upon
attaining the age of [seventy] seventy-five years. They shall be included in any retirement law
of the State."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the Hawaii State Constitution be amended to increase the mandatory retirement age for state justices and judges from seventy years to seventy-five years?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
Report Title:
Constitutional Amendment; Retirement Age of Justices and Judges
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
