Mandatory retirement age for judges?

New Hampshire’s Constitution requires judges to retire at age 70. It is the reason that Supreme Court Associate Justice Carol Ann Conboy must retire in July, something she does not want to do. 

"I don't want to leave," Conboy said. "Because I love the work, and I'm so fortunate because I've got wonderful colleagues and I'm still energized to get up every day."

Thirty-three states and the District of Columbia have set mandatory retirement ages with Vermont having established the highest mandatory retirement age at 90 years old.

Federal judges have no mandatory retirement age. They are appointed for life by the President of the United States with confirmation by the United States Senate.

Changing the retirement age requires an amendment to the state Constitution, which was attempted during the 2017 legislative session. CACR 3 would have ended the age limit for both judges and sheriffs. It was killed in the House when the Judiciary Committee voted it was inexpedient to legislate.

Proponents for eliminating mandatory retirement for judges argue that individuals can remain physically healthy and mentally engaged well into their 70s and 80s and that forced retirement can be viewed as a form of age discrimination. They say it should be up to the individual to decide when it’s time to step down from the bench. Failing an individual decision, the state’s Judicial Conduct Committee already has the power to review a judge’s competency and recommend censure or removal.

Opponents -- those who wish to keep the mandatory retirement age at 70 -- say it prevents stagnation among jurists by guaranteeing the infusion of younger judges into the judicial system. They also say that older judges might not be able to decide for themselves that their age is hampering their abilities to perform their duties, thus forcing a possibly embarrassing review by the Judicial Conduct Committee.

Do you agree with New Hampshire’s mandatory retirement age for New Hampshire judges? Let us know in the comments.