STAND. COM. REP. NO. 64

Honolulu, Hawaii

RE: S.B. No. 175

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 175 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 an amendment to article VI, section 3, of the Hawaii State Constitution 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 Judiciary, Executive Office on Aging, Office of the Public Defender, Community Alliance on Prisons, Life of the Land, and two individuals.

Your Committee received testimony in opposition to this measure from two individuals.

Your Committee finds that many judges and justices are forced to retire at the age of seventy as a result of the mandatory retirement age for state judges and justices, despite still being able to perform their judicial duties. Additionally, many judges and justices continue to be active in the legal community and other community-based endeavors after their retirement. Your Committee also finds that many judges have grown into their positions over many years on the bench and bring invaluable experience and knowledge to the judicial system. Additionally, the majority of states allow judges to serve past the age of seventy. This measure will ensure that the State does not lose competent and experienced judges merely because of their age.

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

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. 175, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 175, S.D. 1, 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