SENATE BILL REPORT

SB 5147

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 12, 2012

Title: An act relating to eliminating the mandatory retirement age for judges.

Brief Description: Removing the mandatory retirement age for judges.

Sponsors: Senators Hargrove and Shin.

Brief History:

Committee Activity: Judiciary: 1/11/12.

SENATE COMMITTEE ON JUDICIARY

Staff: Katherine Taylor (786-7434)

Background: A judge must retire from office at the end of the calendar year in which the judge attains the age of 75 years.

Summary of Bill: The requirement that any judge, including a district judge, must retire from office at the end of the calendar year in which the judge attains the age of 75 years is eliminated.

Effective on January 1, 2012, only if the proposed amendment to Article IV, section 3(a) of the state Constitution is validly submitted to and is approved and ratified by the voters at the next general election. Void in entirety, if the proposed amendment is not approved and ratified.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: The bill takes effect on January 1, 2012, under certain circumstances.

Staff Summary of Public Testimony: PRO: We support this bill. The state constitution is silent on retirement ages for district court judges. Nineteen states have no mandatory retirement ages for judges. Asking the public to vote on an amendment to the constitution may be costly.

Persons Testifying: PRO: Mellani McAleenan, Board for Judicial Administration; Brett Buckley, Thurston County District Court Judge.