| A | B | C | D | E | F | G | |
|---|---|---|---|---|---|---|---|
1 | State | Appointment for Additional Terms Method | Mandatory Retirement Age | Retirement Basis | Notes | Notable Past Developments | Notable Current Developments |
2 | Alabama | Partisan election | 70 | Ala. Const. art. VI, § 155 | May not be elected or appointed after 70. | ||
3 | Alaska | Retention election | 70 | Alaska Const. art. IV, § 11 | |||
4 | Arizona | Retention election | 70 | Ariz. Const. art. VI §§ 20, 39 | Proposed 2012 provision to increase the age from 70 to 75 failed. | ||
5 | Arkansas | Nonpartisan election | 70 | Arkansas law does not specify a retirement age for judges, however a judge that fails to resign at the end of the term in which they reach 70 forfeits all pension/retirement benefits. See Arkansas Code § 24-8-215© | Retirement statute upheld by state supreme court in 2016 in Landers v. Stone (2016 Ark. 272496 S.W.3d 370) | ||
6 | California | Retention election | Cal. Const. art. VI, § 20 | The Legislature shall provide for retirement of judges of record for age or disability. | Proposed SB 184 would have made changes to deferred retirement for California judges. | ||
7 | Colorado | Retention election | 72 | Colo. Const. art. VI, § 23 | |||
8 | Connecticut | Gubernational Appointment | 70 | Conn. Const. art. V, § 6 | |||
9 | Delaware | Gubernational Appointment | Delaware Const., art. IV, §§ 3, 38 | Retired judges may temporarily serve by designation of the state supreme court if not retired for incapacity or disqualification. | |||
10 | D.C. | 74 | D.C. Code 1-204.31(c) | ||||
11 | Florida | Retention election | 75 | Florida Const. art. V, § 8 | Increase from 70 to 75 as part of Amendment 6 of 2018. | ||
12 | Georgia | Nonpartisan election | Georgia Const., Art. VI, § 7 | Georgia cancelled a 2020 state supreme court election when a sitting justice announced retirement, Governor appointed replacement. | |||
13 | Hawaii | Commission Reappointment | 70 | Hawaii Const. art. VI, § 3 | Proposed 2014 constitutional amendment to raise age to 80 failed. | ||
14 | Idaho | Nonpartisan election | Idaho Const., art. V, § 28; Idaho Code 1-2103 | Justices may be retired for disability. | An Idaho state supreme court justice just announced retirement. | ||
15 | Illinois | Retention election | 75 | Ill. Const. art. 6, § 15; Ill. Code 705 ILCS 55/1* | May serve out term in which turns 75. Statute was declared by the Supreme Court of Illinois to be unconstitutional, as written, because the Act violated the doctrine of equal protection. See: Maddux v. Blagojevich, 233 Ill. 2d 508 (2009). | ||
16 | Indiana | Retention election | 75 | Ind. Code 33-38-13-8 | |||
17 | Iowa | Retention election | 72 | Iowa Code § 602.1610 | |||
18 | Kansas | Retention election | 75 | Kansas Code §20-2608(a) | May serve out term in which turns 75. | Proposed 2020 SB 269 would have raised the mandatory retirement age to 80. | |
19 | Kentucky | Nonpartisan election | |||||
20 | Louisiana | Partisan election | 70 | Louisiana Const. art. V, §23 | May serve out term in which turns 70. | Proposed 2014 constitutional amendment to repeal the mandatory retirement age failed; a judge sued over the mandatory retirement age in 2020 and was rejected. | |
21 | Maine | Gubernational Appointment | Kentucky Const. § 121 | Justices may be retired for disability. | |||
22 | Maryland | Retention election | 70 | Maryland Const. art. IV, § 3 | Mandatory retirement at 75; if inability, can be voted off the bench by 2/3rds of the General Assembly with approval from the Governor. | ||
23 | Massachusetts | N/A (Gubernational election for first full term) | 70 | Mass. Const. Art. 1, Part 2, Ch. 3 | May also be removed for inability by the approval of both houses of the legislature and approval of the Governor. | Proposed 2019 Mass. HB 82: would have created a 7-year term limit; puts their eligiblity for reappointment up to a vote by the council. | |
24 | Michigan | Nonpartisan election | 70 | Mich. Const. art. VI, § 19 | May not be elected or appointed after 70. | 2019 HJR Res. U proposed an amendment to the state constitution that persons over 75 shall not serve as visiting judges of trial courts. | |
25 | Minnesota | Nonpartisan election | 70 | Minn. Const. art. 6, § 9; Minn. Code §§ 490.121(21d), 490.125 | May serve to end of month turns 70; legislature may also remove for inability. | ||
26 | Mississippi | Nonpartisan election | Mississippi Const. Art. VI, § 149 | ||||
27 | Missouri | Retention election | 70 | Missouri Const. art. V, § 26; Missouri Code § 479.020(7) | All judges must retire at 70 under a retirement plan unless as provided by this article; retired judges may be assigned by a supreme court as a senior judge to any court in the state or as a special commissioner. | ||
28 | Montana | Hybrid | Montana Const., art. VII, § 11 | ||||
29 | Nebraska | Retention election | Nebraska Const., art. V, §§ 11, 21, 31 | ||||
30 | Nevada | Nonpartisan election | |||||
31 | New Hampshire | N/A (Gubernational election for first full term) | 70 | New Hampshire Const. art. § 78 | |||
32 | New Jersey | Gubernational Appointment | 70 | New Jersey Const. art. XI, § IV | Article from 2018 detailing how as many as 63 retired judges were being brought in for temporary service. | ||
33 | New Mexico | Hybrid | |||||
34 | New York | Gubernational Appointment | 70 | New York Const. art. VI, § 25 | Generally: May serve until end of year in which 70 is reached.A retired judge must not serve until the last day of December in the year they turn 76. | Proposed 2013 provision to increase age from 70-80 rejected. | New York fights over mandatory retirement ages; oral argument was scheduled for Feb. 5. |
35 | North Carolina | Partisan election | 72 | North Carolina Const. art. IV, §§ 6, 8; North Carolina Code § 7A-4.20 | May serve to end of month turns 72. Retired justices and judges may be recalled for periods of temporary service. | ||
36 | North Dakota | Nonpartisan election | North Dakota Const., art. IV, § 3 | Chief Justice of the state supreme court can assign retired justices for temporary duty. | |||
37 | Ohio | Nonpartisan election | 70 | Ohio Const. art. IV, § 6 | Section interpreted as meaning may serve until end of term turns 70. | Proposed 2011 constitutional amendment to raise to 75 rejected by voters. | |
38 | Oklahoma | Retention election | Oklahoma Const., Art. VIII, § 11 | Legislature may provide for maximum age / mandatory retirement age for justices. | |||
39 | Oregon | Nonpartisan election | 75 | Oregon Const. art. VII (Amended), § 1a | Constitution allows age to be reduced to as low as 70 by statute or initiative. | Proposed 2016 constitutional amendment to repeal rejected by voters. | |
40 | Pennslyvania | Retention election | 75 | Penn. Const. art. V, § 16 | May serve until end of year in which 75 is reached. Retired justices may be assigned by the Supreme Court on temporary judicial service. | Proposed 2016 constitutional amendment raising age to 75 approved. | |
41 | Rhode Island | N/A (Gubernational election for first full term) | Rhode Island Const., art. X,§ 5 | States that justices of the state supreme court shall hold office during good behavior. | |||
42 | South Carolina | Legislative Appointment | 72 | South Carolina Code §§ 9-8-40; 9-8-60 | A judge that fails to resign at 72 does not obtain pension/retirement benefits. | Proposed 2021 HB 3787 would adjust 9-8-40 to also include the A.G. | |
43 | South Dakota | Retention election | 70 | South Dakota Code § 16-1-4.1 | May serve into the January after attaining age 70. | ||
44 | Tennessee | Retention election | |||||
45 | Texas | Partisan election | 75 | Texas Const. art. V, § 1-a | Legislature may set at any age from 70 to 75. | Proposed 2021 HJR 66 would propose a constitutonal amendment to repeal the mandatory age of retirement for state justices. | |
46 | Utah | Retention election | 75 | Utah Const. art. VIII, § 15; Utah Code § 49-18-701 | |||
47 | Vermont | Legislative Appointment | 90 | Vermont Const. § 35; Vermont Code § 4-609 | Legislature may set anywhere from end of the calendar year in which judge attains 70 to end of the term when judge attains 90. Legislature has opted for end of year attain 90. | ||
48 | Virginia | Legislative Appointment | 73 | Virginia Const. art. VI, § 9; Virginia Code 51.1-305(B1) | May serve until 20 days after the convening of the next regular session of the General Assembly. | The retirement age was raised from 70 to 73 in 2015. | |
49 | Washington | Nonpartisan election | 75 | Wash. Const. art. IV, § 3(a) | May serve until end of year in which 75 is reached. | Proposed 2021 SJR No. 8203 would affect the term limits of current state supreme court justices. | |
50 | West Virginia | Nonpartisan election | Legislators passed a reduction in judicial retirements as retailiation for ruling that impeachment proceedings were unconstitutional. | ||||
51 | Wisconsin | Nonpartisan election | 70 | Wisconsin Const., art. VII, § 24 | May be assigned to temporary service once retired. | Wisconsin's mandatory retirement age was passed pretty recently. | |
52 | Wyoming | Retention election | 70 | Wyoming Const. art. 5, § 5 | The 2015 proposed HJR would have raised the mandatory retirement age from 70 to 75. |