SB 2152

THE SENATE
S.B. NO.
2152
THIRTY-THIRD LEGISLATURE, 2026
S.D. 2
STATE OF HAWAII
H.D. 1
A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE
HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE
JUSTICES AND JUDGES.
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 Hawaii
State Constitution to increase the mandatory retirement age for justices and
judges to the age of seventy-five years.
���� SECTION 2.� Article VI, 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, the senate shall be deemed to have consented to that
appointment.� If the senate rejects 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 judicial selection 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 four and
not more than six nominees for the vacancy presented to the chief justice by
the judicial selection commission.� If
the chief justice 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, the senate shall be deemed to have consented to that appointment.� If the senate rejects any appointment, the
chief justice 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 judicial selection 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.
���� The
judicial selection commission shall disclose to the public the list of nominees
for each vacancy concurrently with the presentation of each list to the
governor or the chief justice, as applicable.
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, judge of the
intermediate appellate court and 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 before 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]] seventy-five
years.� 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 the Hawaii State Constitution be amended to increase
the mandatory retirement age for all state court justices and judges from
seventy to seventy‑five years of age?"
���� SECTION 4.�
Constitutional material to be repealed is bracketed and stricken.� New constitutional material is underscored.
���� SECTION 5.�
This amendment shall take effect on July 1, 3000, upon compliance with
article XVII, section 3, of the Constitution of the State of Hawaii.
Report Title:
Constitutional
Amendment; Judges; Mandatory Retirement Age
Description:
Proposes
a constitutional amendment to increase the mandatory retirement age for
justices and judges from seventy to seventy‑five years of age.� Effective 7/1/3000.� (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.