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Proposition 14

The ballot will read: The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice’s or judge’s current term.

Background: The Constitution now requires a trial court judge or appellate court justice to step down at age 75. Proposition 14 would permit a judge reaching retirement age to complete the remainder of his or her term, if the judge is elected to a four-year term, or to complete the first four years of a six-year term.

For: If a judge will reach retirement age before the end of his or her elected term and the voters decide that the judge merits election, the judge should be allowed to serve out a full four-year term or serve the majority of a sixyear term. Retired judges often serve as visiting judges, so judges over age 75 are capable of serving. This amendment would prevent the disruption that occurs when a judge is forced to retire in the middle of a term and a new judge must be appointed.

Against: By allowing judges to serve past their 75th birthdays, this amendment would delay the entrance of new judges into the system who might be more in tune with modern legal trends. Alternately, we should completely abolish the mandatory retirement age for judges, allowing the voters to decide who is fit to serve.

For the exact wording of the changes to the Constitution
that would occur if this proposition passes,
CLICK HERE.
Words to be added to the Constitution will be underlined.
Words to be removed, if any, will be [struck through].

For a more detailed analysis of this proposition
from the House Research Organization,
CLICK HERE.

For the full 43-page House Research Organization report
on all of the propositions,
CLICK HERE.

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9/20/07