In 1977, voters in the state of Wisconsin passed a state judiciary ballot measure allowing legislators the right to set a mandatory retirement age for judges to 70 or above. Although Question 5 created space for lawmakers to set retirement standards, there are no current laws. Would such a measure be an appropriate step for the state?

The constitutional amendment directed by the 1977 legislature, aimed at setting the mandatory retirement age for judges, states that a set age should not be earlier than 70 years. Although a policy hasn’t been approved in the four decades since it was introduced, age caps remain a topic of debate amongst lawmakers in the state. The latest bi-partisan discussions surrounding the topic focus on setting Wisconsin’s age limit to 75. Judges older than the threshold would be forced to retire immediately if passed into law. 

Given the fact that the state has had the ability, within its constitution, to set these limits, Wisconsin legislators would be well within their rights to impose age limits for judges at any time. Advocates in favor of a mandatory retirement age believe that the step would incentivize the state to bring in new judges who might offer a fresh perspective on cases in what has shifted to be a more fluid political environment. 

Those who oppose the possibility of a mandatory retirement age believe that the problem rests in the fact that Wisconsin has become an important swing state over the last three election cycles (2012, Democrat; 2016 Republican; 2020 Democrat). A move this late in the game could be seen as an attempt to subjectively target judges who disagree with the current majority’s political bias. 

The question remains, should the state of Wisconsin require judges to retire at 75?