As early voting for the May 16 ballot has begun, Leaders for a Better Louisiana is taking an individual look at each of the five amendments being presented to voters. Our hope is that citizens will use this information as a resource to familiarize themselves with each of the amendments before they cast their votes.
Here is our analysis of Amendment #5. You can find our review of all of the amendments here.
Increases the Mandatory Retirement Age for State Court Judges
What it Does: Passage of this amendment would increase the mandatory retirement age of all state court judges in Louisiana from 70 to 75. It would allow judges who turn 75 during the course of their term to continue serving until the end of their term, but no person would be allowed to run for judge once they reach the age of 75.
Background: The mandatory retirement age for judges comes up from time to time in Louisiana. Prior to the passage of the 1974 constitution, it was 75 years old and in some cases a judge could stay on the bench until age 80. The 1974 constitution lowered it to 70 years old and a constitutional amendment in 2003 allowed judges who turned 70 during their elected term to remain in office until their terms ended.
In 1995 voters rejected an amendment that would have raised the age back to 75 and in 2014 defeated another one that would have eliminated mandatory retirement ages all together.
The website Ballotpedia, which tracks election and ballot initiatives, reports that 31 states have mandatory retirement ages for judges, with age 70 being the lowest. Texas and Florida set the age limit at 75. Among other southern states, Mississippi, Arkansas, Georgia, Tennessee, Kentucky, and West Virginia have no mandatory retirement age.
Our Recommendation: Support. Most states with mandatory age limits set them at either 70 or 75. The arguments for the lower limit usually center around mitigating the risk of incapacity issues that might come at an older age and the desire to see more turnover on the bench. But life expectancy and professional lifespans are now significantly longer than they used to be. We believe the higher age limit helps retain institutional experience on the bench and we support this amendment.