Posted on: Wednesday, November 8, 2006
Voters reject bid to repeal mandatory retirement for state judges
By Robbie Dingeman
Advertiser Staff Writer
Voters statewide flatly rejected a move to change the state Constitution and repeal mandatory retirement at age 70 for state justices and judges.
The proposed amendment had drawn the most attention of five constitutional questions leading up to the election.
Turning down the measure means that six of 80 state justices and judges will be forced to retire before the end of their current terms. The six include Chief Justice Ronald Moon of the Hawai'i Supreme Court in 2010 and Chief Judge James Burns of the Intermediate Court of Appeals. When they retire, Gov. Linda Lingle will appoint their replacements from lists submitted by the state Judicial Selection Commission.
The amendment generated spirited public debate. Opponents included Lingle, former Gov. Ben Cayetano and the Judicial Selection Commission.
Supporters included AARP Hawa'i, which advocates for retirees and said the existing mandatory retirement age amounted to age discrimination.
Attorney General Mark Bennett contended that the Democrat-controlled Legislature rushed the measure through to try to preserve the jobs of sitting judges and prevent Lingle from naming their replacements.
Cayetano said he saw good arguments for and against the proposal but saw no compelling reason to change the law from one that has worked for years.
Voter results from these questions are a little more complex than most because blank ballots are counted as "No" votes.
The other four proposed state constitutional amendments all won approval.
The amendments will:
• Modify the selection process for University of Hawai'i regents by having the governor choose from a list proposed by an advisory council. • Create a unified state salary commission to review and recommend salaries for judges, legislators, the governor and other top state officials. • Amend the law regarding sex assaults against minors to follow a 1997 state law. • Authorize the state to issue special purpose revenue bonds to help agricultural enterprises on important agricultural lands. Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 535-2429.
