10/24/2024
CONSTITUTIONAL AMENDMENT QUESTION ADDRESSES JUDICIAL RETIREMENT AGE. by Dana van der Bijl
There will be a Constitutional Amendment Question on the NH Ballot on November 5.
“Are you in favor of amending article 78 of the second part of the constitution to read as follows: [Art.] 78. [Judges and Sheriffs, when Disqualified by Age.] No person shall hold the office of sheriff of any county, after the person has attained the age of seventy years. No person shall hold the office of judge of any court after the person has attained the age of seventy-five years.”
Currently, judges in New Hampshire are prohibited from serving past the age of 70. If 67% of voters approve of this change, the state constitution will be amended and the retirement age will be raised to 75.
While this amendment has bipartisan sponsorship, there are clear cases for and against it.
Those in favor of raising the judicial retirement age cite the fact that the constitution was written when the average life expectancy was only 38 years. According to the CDC, that average is now 78.5 years.
One of the sponsors of the amendment, State Rep. Bob Lynn (R), was forced into retirement after only a year of being Chief Justice of the State Supreme Court.
“Unlike some occupations—police officer, firefighter, emergency medical technician—generally someone doesn’t get into the role of being a judge until at least middle age,” said Lynn.
Those against the amendment feel that there is no lack of younger candidates wishing to become judges in our state, and that they could bring a fresh perspective to the bench. Some are concerned with the potential for diminished mental capacity in elderly judges.
This amendment was introduced as Constitutional Amendment 6 (CACR 6) to the New Hampshire General Court in December 2022. It passed the New Hampshire House of Representatives by 321-27 in March 2023. The amendment then passed the New Hampshire State Senate by 22-1 in March 2023.
According to the National Center for State Courts, 33 states and the District of Columbia currently have mandatory judicial retirement ages. While most of them are set between 70 and 75, Vermont has the highest at 90.