Bill Text: HI HB621 | 2010 | Regular Session | Introduced
Bill Title: Constitutional Amendment; Judges; Completion of Terms
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB621 Detail]
Download: Hawaii-2010-HB621-Introduced.html
Report Title:
Constitutional Amendment; Judges; Completion of Terms
Description:
Proposes a constitutional amendment to allow justices and judges who attain the age of 70 during their term of office to complete their term prior to retirement.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
621 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
proposing an amendment to the hawaii constitution to clarify retirement requirements for justices and judges in state courts.
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 allow justices and judges who attain the age of seventy while serving a term of office to complete the term prior to retirement.
SECTION 2. Article 6, 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.
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 years[.]; provided that justices and
judges attaining the age of seventy years during a term in office may complete
their term prior to retirement. 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 justices and judges be allowed to complete their term of office if they attain the age of seventy during that term?"
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.
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INTRODUCED BY: |
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