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Decision to extend the retirement age of Hawaiʻi judges could be left to voters

First Circuit Court Judge John M. Tonaki ruled in favor of the DLNR and the American Bird Conservancy at Tuesday's hearing.
DLNR
File - First Circuit Court Judge John M. Tonaki in a hearing.

Voters may be asked if judges can remain on the bench for a few years longer.

Judges are required to retire at 70 years old.

But lawmakers are considering putting it to voters to increase the retirement age to 75 years old.

Since it would amend the state constitution, the choice needs to be on the ballot and decided by voters.

The state judiciary supports the measure. In its written testimony, it said that many judges and justices in Hawaiʻi are able to perform their judicial duties past the age of 70.

And although many judges and justices are forced to retire, they continue to remain active in the legal community.

Other advocates worry about losing institutional knowledge as older judges leave the bench for retirement.

Out of the 85 judge positions in the state, five are currently vacant. Three more judges will turn 70 in 2024 and two more in 2025.

The measure that would put the question to voters was passed out of the Senate Judiciary Committee. Sen. Brenton Awa of Oʻahu was the only no-vote.

To get on the ballot, the measure will also need a two-thirds majority vote from the full Senate.

Ashley Mizuo is the government reporter for Hawaiʻi Public Radio. Contact her at amizuo@hawaiipublicradio.org.
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