SENATE BILL REPORT

SSB 6025

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 Passed Senate, February 10, 2012

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

Brief Description: Eliminating the mandatory retirement provision for district judges.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Kline, Padden, Eide, Becker, Shin and Tom).

Brief History:

Committee Activity: Judiciary: 1/11/12, 1/26/12 [DPS, w/oRec].

Passed Senate: 2/10/12, 41-5.

SENATE COMMITTEE ON JUDICIARY

Majority Report: That Substitute Senate Bill No. 6025 be substituted therefor, and the substitute bill do pass.

Signed by Senators Kline, Chair; Harper, Vice Chair; Pflug, Ranking Minority Member; Carrell, Hargrove, Kohl-Welles, Padden and Regala.

Minority Report: That it be referred without recommendation.

Signed by Senator Roach.

Staff: Katherine Taylor (786-7434)

Background: A district judge must retire from judicial office at the end of the calendar year in which the judge attains the age of 75 years. This provision must not affect the term of any judge that was elected or appointed prior to August 11, 1969.

Summary of Substitute Bill: The mandatory retirement age for district court judges is repealed.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: PRO: Get rid of all mandatory retirement ages for judges. People do not age uniformly. Asking the public to vote on an amendment to the constitution may be costly. We support this bill. This bill only requires a statute change. The state constitution is silent on retirement ages for district court judges. A judge can be removed from the state supreme court by a commission and the supreme court. Nineteen states have no mandatory retirement ages for judges.

Persons Testifying: PRO: Jerry Alexander, Former Washington State Supreme Court Justice; Mellani McAleenan, Board for Judicial Administration; Brett Buckley, Thurston County District Court Judge.