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State of New Jersey

YMCA MODEL
GRIGGS LEGISLATURE

  Bill Number 39  
SENATE SPONSOR
Evan Stark*
  ASSEMBLY SPONSOR
Lindsey Kugel
Claire McKeown
     
     
Delegation: Montgomery
     
An act to repeal the mandatory retirement age clause in the New Jersey State Constitution, Article VI, Section VI, paragraph 3.

Be it enacted by the Youth Model Legislature of the State of New Jersey to abolish the mandatory retirement age of 70 years, for the New Jersey Supreme Court Justices.

Section I:

The abolition of the mandatory retirement age for the New Jersey Supreme Court is necessary in order to preserve the impartial nature of the court and to limit the affect of partisan planning and appointments to the court.

Section II:

Justices may now serve on the court, during times of good behavior, until the Justice’s retirement or death.

Section III:

This bill preserves the right of the Justices to be impeached pursuant to Article VI, Section VI, paragraphs 4 and 5 of the New Jersey State Constitution of 1947.

Section IV:

Article VI, Section VI, paragraph 3 is amended to read “THE JUSTICES OF THE SUPREME COURT AND THE JUDGES OF THE SUPERIOR COURT SHALL HOLD THEIR OFFICES FOR INITIAL TERMS OF 7 YEARS AND UPON REAPPOINTMENT SHALL HOLD THEIR OFFICES DURING GOOD BEHAVIOR; PROVIDED HOWEVER, THAT, UPON THE ABOLITION OF THE JUVENILE AND DOMESTIC RELATIONS COURTS OR FAMILY COURT AND COUNTY DISTRICT COURTS AS PROVIDED BY LAW, THE JUDGES IN OFFICE IN THOSE FORMER COURTS WHO HAVE ACQUIRED TENURE AND THE JUDGES OF THE SUPERIOR COURT WHO HAVE ACQUIRED TENURE AS A JUDGE IN THOSE FORMER COURTS PRIOR TO APPOINTMENT TO THE SUPERIOR COURT, SHALL HAVE TENURE AS JUDGES OF THE SUPERIOR COURT. JUDGES OF THE JUVENILE AND DOMESTIC RELATIONS COURTS OR FAMILY COURT AND COUNTY DISTRICT COURTS WHO HAVE NOT ACQUIRED TENURE AS A JUDGE OF THOSE FORMER COURTS SHALL HOLD THEIR OFFICES FOR THE PERIOD OF THEIR RESPECTIVE TERMS WHICH REMAIN UNEXPIRED AND SHALL ACQUIRE TENURE UPON REAPPOINTMENT TO THE SUPERIOR COURT. PROVISIONS FOR THE PENSIONING OF THE JUSTICES OF THE SUPREME COURT AND THE JUDGES OF THE SUPERIOR COURT SHALL BE MADE BY LAW.”

     
Statement of Intent: The purpose of this Bill is to make the New Jersey Supreme more impartial by allowing the Justices to serve until they choose to retire. This gives the Justices the ability to act without the pressure of a mandatory retirement. Thus, allowing Justices to make more consistent and fair decisions.

Effective Date: This Bill shall take effect six months after it is enacted.

Financial Statement: The cost of this bill to support this program shall be $5,000 to rewrite the law books.


* Primary Sponsor
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