STAND. COM. REP. NO. 116

Honolulu, Hawaii

RE: S.B. No. 992

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 992 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 and intent of this measure is to propose a constitutional amendment to increase the mandatory retirement age for justices and judges from seventy to seventy-five years of age.

Your Committee received testimony in support of this measure from the Office of the Public Defender, Community Alliance on Prisons, and two individuals. Your Committee received testimony in opposition to this measure from three individuals.

Your Committee finds that the mandatory retirement age of seventy years ignores the fact that many people work well beyond the age of seventy as productive, contributing members of society. Forcing qualified, competent judges to retire simply based on an arbitrarily imposed age can adversely affect the quality of the Judiciary by removing from office competent judges who possess years of knowledge and experience. This measure will ensure that the State does not lose competent and experienced judges merely because of their age.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 992 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair