HB 1528: Constitutional Amendment; Judges; Mandatory Retirement Age

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 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.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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 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, 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 mandatory retirement age for all state court justices and judges be increased 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 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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  228-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1528

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1528 entitled:

"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,"

begs leave to report as follows:

     The purpose of this measure is to propose a constitutional amendment to raise the mandatory retirement age for state justices and judges from seventy years to seventy-five years.

     Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; United Public Workers, AFSCME Local 646, AFL-CIO; Community Alliance on Prisons; and three individuals.  Your Committee received comments on this measure from the American Judicature Society.

     Your Committee finds that many judges and justices are forced to retire from the bench at the age of seventy years old pursuant to the Hawaii State Constitution.  Your Committee believes that judges and justices who are willing and able to preside over cases into their mid-seventies should be allowed to hold their office.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1528, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1528, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,