Mandatory judicial retirement.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0145

HOUSE JOINT RESOLUTION
NO.
HJ0004

Mandatory judicial retirement.

Sponsored by:
Representative(s) Gingery, Brown, Patton, Peasley and Stubson and Senator(s) Burns and Perkins

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to remove any mandatory retirement age for supreme court justices and judges of other courts in
Wyoming
.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF
WYOMING
,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.
The following proposal to amend Wyoming Constitution, Article 5, Section 5 is proposed for submission to the electors of the State of
Wyoming
at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 5, Section 5.

Voluntary retirement and compensation of justices and judges.

Subject to the further provisions of this section,

T
he legislature shall provide for the voluntary retirement and compensation of justices and judges of the supreme court and district courts, and may do so for any other courts, on account of length of service, age and disability, and for their reassignment to active duty where and when needed.

The office of every such justice and judge shall become vacant when the incumbent reaches the age of seventy (70) years, as the legislature may prescribe; but, in the case of an incumbent whose term of office includes the effective date of this amendment, this provision shall not prevent him from serving the remainder of said term nor be applicable to him before his period or periods of judicial service shall have reached a total of six (6) years.

The legislature may also provide for benefits for dependents of justices and judges.

Section 2.
There is appropriated
thirty-two thousand dollars ($32,000.00)
from the general fund to the secretary of state. This appropriation shall only be expended for the purpose of costs of publication required by this act and W.S. 22
‑
20
‑
104. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2011.
This section is effective July 1, 2010.

Section
3
.
That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment would remove the current mandatory retirement age of seventy (70) for
Wyoming
supreme court justices and
Wyoming
judges. The legislature would be required to provide for the voluntary retirement of justices and judges but there could be no mandatory retirement age imposed.

(END)

1
HJ0004