Legislative Blog
J.B. Williams, J.D.
Increasing mandatory retirement for state judges/justices
A Blog about Mandatory retirement age
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Mandatory retirement age as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of Mandatory retirement age
Serving until age 79
Blog Summary
Does extended time for service hurt or help?
Proposition 13 - No
Increasing mandatory retirement for state judges/justices
Published: 2023-10-20
The current retirement age is set at 75 years old, and they are wanting to move that to 79. Currently if a judge/justice turns 75 during their term, than at the expiration of their term they are retired and not eligible to run for re-election.
In a sense, this means that judges/justice could continue working for an additional 4 years and, while they would continue to draw a salary, they would not be drawing retirement. And the longer they serve, the less often the position is filled with a replacement and the less retirement money being spent. But that merely looks at the finances and not at anything else.
Some people do well into their 80's while others begin having issues in their 60s. There is always the hope that judges would retire before it becomes obvious they need to retire. Then there is the not turning things like this over to the next generation. The longer a judge may serve means the less likely the generation after them will ever be able to serve. Perhaps there is a void in those wishing to serve, so this would help to keep those in the position longer.
I use to be of the mind that people should be able to work as long as they wanted and could do so. But now I think of how badly things are becoming, partially because a generation remainder in positions longer. That makes it difficult to say Yes or No on this one. But you decide, should judges be serving into their late 70s; or should judges return at 75 so that new 'blood' can be elected. The loss of the knowledge is bad, but perhaps rather than extended their time serving as a judge there could be some mentoring system in place to assist newly elected/appointed judges.
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