STAND. COM. REP. NO. 2154

Honolulu, Hawaii

RE: S.B. No. 2152

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2152 entitled:

"A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3, OF THE HAWAII STATE CONSTITUTION TO INCREASE THE MANDATORY RETIREMENT AGE FOR STATE JUSTICES AND JUDGES,"

begs leave to report as follows:

The purpose and intent of this measure is to propose a constitutional amendment to increase the mandatory retirement age for justices and judges from seventy to seventy-five years of age.

Your Committee received testimony in support of this measure from the Judiciary; Office of the Public Defender; Earthjustice; State of Hawaii Organization of Police Officers; United Public Workers, AFSCME Local 646, AFL-CIO; League of Women Voters of Hawaii; International Longshore and Warehouse Union Local 142; Community Alliance on Prisons; CARES; and eight individuals.

Your Committee received comments on this measure from the American Judicature Society.

Your Committee finds that many judges and justices are forced to retire at the age of seventy as a result of the mandatory retirement age for state judges and justices, despite still being able to perform their judicial duties. Additionally, many judges and justices continue to be active in the legal community and other community-based endeavors after their retirement. Your Committee also finds that many judges have grown into their positions over many years on the bench and bring sound judgment, courtroom efficiency, institutional knowledge, and the ability to manage complex legal and human issues with wisdom and restraint. Your Committee notes that the majority of states allow judges to serve past the age of seventy. This measure will ensure that the State does not lose competent and experienced judges merely because of their age.

Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2152, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2152, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair