A constitutional amendment allowing the legislature to set a compulsory retirement age for judges in Wisconsin has raised many questions in the last several years. In 2014 a mandatory retirement age of 75 was suggested. I strongly agree with this suggestion even though it has faced much opposition. There are a lot of benefits that the Wisconsin justice system would enjoy if such a bill were to be passed. 

Older judges would be forced to retire if such a bill goes through. The argument for the move is based on the constitutional amendment that voters passed in 1977. This ballot measure allows legislators to develop a mandatory age requirement for state judges. 

The constitutional provision in regard to the issue at hand is Wis. Const. Art VII, s. 24(2), which states that “no person may serve as a supreme court judge or justice beyond the July 31st following the date on which such person attains that age, which the legislature shall prescribe by law.”. 

More interesting is that this constitutional amendment has never been implemented. Such a provision should be implemented, and I highly support all the steps and recommendations that will see its proper implementation. All the judges usually take an oath of office to uphold the constitution. It is time that they start respecting that oath of office.

The proposal to have judges retire at 75 is not meant to hurt the judiciary branch. It is meant to strengthen it and ensure that the rule of law is adhered to. Furthermore, mandatory retirement age is not a new concept. 

According to Bill Raftery at the National Center for State Courts, 33 states have a mandatory retirement age for appellate judges. The age of compulsory retirement usually ranges from 70-75. And some states, such as South Dakota and South Carolina, have consequences for judges who fail to retire at a given time. 

I believe Wisconsin should follow its lead and do the same. If other states are doing it, why should Wisconsin not?