« Ind. Decisions - 7th Circuit grants petition for rehearing en banc in ND Ind. case | Main | Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP) »

Wednesday, February 13, 2013

Ind. Courts - How to change retirement age for appellate court justices and judges?

Art. 7, Section 11 of the Constitution of the State of Indiana reads in part:

Section 11. Tenure of Justices of Supreme Court and Judges of the Court of Appeals. * * *

Every such justice and judge shall retire at the age specified by statute in effect at the commencement of his current term.

Currently IC 33-38-13-8 reads:
Sec. 8. (a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age.

(b) Notwithstanding subsection (a), the supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court.

As added by P.L.98-2004, SEC.17.

SB 124, which has passed the Indiana Senate and is now in the House, would amend the statute requiring retirement at age 75. However, it would do so not by specifying a different age by statute, as contemplated in Art. 7, Sec. 11, but rather by completely striking out the age-setting language:
SECTION 1. IC 33-38-13-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age.
    (b) Notwithstanding subsection (a), The supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court.
In other words, if the current version of SB 124 becomes law, there will be NO retirement age specified by statute, as is contemplated in the Constitution ...

Posted by Marcia Oddi on February 13, 2013 08:10 AM
Posted to Indiana Courts