For a circuit or district court, this supervisor is either the chief judge or the circuit justice of the circuit. The Constitution is altered by adding at the end of section 72 the following paragraphs:—. By Dr Alysia Blackham, Melbourne Law School, University of Melbourne. § 371. Older judges can be just as good (or better) than younger judges – and age is a very bad way of determining who should be on the bench. Pub. Give us feedback, share a story tip or update, or report an error. Please try again later. A new study on why federal judges retire, resign or take senior status has its authors worried about an increasing judicial exodus in the coming decades.
Banner image: Shutterstock. The Federal Court building in Melbourne. §371(e)(1)(b). This would also not address capacity issues that might arise during the term of office.Third, is the removal of age-based limitations on judicial tenure, bringing judicial retirement into line with other professions. The judges, who are far from retirement age, are largely white men. In a 2007 article in the Cornell Law Review, David Stras and Ryan Scott suggested that senior status may be unconstitutional. “Personal information” is defined under the Act to mean information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001(Vic) applies. 1992—Pub. , State courts with a similar system include Iowa (for judges on the Iowa Court of Appeals), Pennsylvania, and Virginia (for Justices of the Virginia Supreme Court).. Pilots: the mandatory retirement age of airline pilots is 65. In 1977, retirement ages were thought to be an effective way of ‘contemporising’ the courts, by injecting new ideas and new blood. Before that, a judge who reached the age of seventy with at least ten years of service as a federal judge was allowed to retire and receive a pension for the rest of his life; afterward, a judge who qualified for retirement could assume senior status. , For the Anglican Communion clergy, they[who?] All federal Australian judges are subject to a retirement age of 70, which is provided for in Section 72 of the Australian Constitution. After 1948, the most senior judge was given the title "chief judge". The University has a television and radio studio to facilitate live and prerecorded broadcast quality interviews with media. Removing judicial retirement ages would require constitutional change for the federal judiciary. As societal views on age and ageing continue to shift, it is anachronistic to retain judicial retirement ages for Australian judges. This is an area that needs to be reformed – even if retirement ages are not removed. L. 102–572, set out as a note under section 171 of this title. Theoretically, a retired justice could also be assigned to act as Circuit Justice for a circuit, but this has never occurred. "It's pretty dicey to try to reach out to a federal judge and ask them if they're going to retire," said a person involved in securing Trump's judicial appointments. Judges should be able to go on till 80 provided they pass a medical inspection. Congress created the Federal Employees Retirement System (FERS) in 1986, and it became effective on January 1, 1987. may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a), may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and. If one judge retires, another will often (but not always) be appointed in their place. , In October 2006 the Employment Equality (Age) Regulations 2006, the UK Labour Government introduced a Default Retirement Age, whereby employers are able to terminate or deny employment to people over 65 without a reason. Subsec. (j)(2). Appointed in 1976, he took office before the 1977 constitutional referendum that introduced compulsory judicial retirement at age 70 for all members of the Australian federal judiciary. A judge of the United States Court of Federal Claims who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime, an annuity equal to the salary payable to Court of Federal Claims judges in regular active service. The term senior judge is explicitly defined by 28 U.S.C. (j)(1). There are three key alternatives to the current use of judicial retirement ages. The fair innings argument is far from fair for many people, particularly those who have not actually experienced these idealised advantages earlier in life (often women, ethnic minorities and those from lower socio-economic groups). 1991—Subsec. The use of life tenure has not been without criticism in other jurisdictions, particularly where there are cases of incapacity. Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated “senior judge”. Upon retiring, Judge Bell said: “These days 70 is equal to 60 or 55. “I wanted more income” was the most popular reason cited for retirement for both groups, followed by “I wanted new challenges.”.
The fair innings argument is far from fair for many people, particularly those who have not actually experienced these idealised advantages earlier in life (often women, ethnic minorities and those from lower socio-economic groups). If we want to open up opportunities for new judges, we need to recognise that retirement ages are largely unnecessary in practice: judges are entitled to generous pensions and often retire willingly without retirement ages being imposed. Read the original article.”, The case for removing judges’ retirement ageAssociate Professor Alysia BlackhamJudge Graham Bell of the Family Court of Australia retired on 20 February 2015, at the age of 78.
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