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Measure Details

Oregon Judicial Retirement Measure

Oregon Ballot Measure - Measure Number 94

Election: Nov. 8, 2016 (General)
Outcome: Failed

Categories:
Constitution
Judicial Branch

Yes
699,689
(36.95%)

Argument For

No
1,194,167
(63.05%)

Argument Against

Summary

Article VII (Amended), section 1a, of the Oregon Constitution, requires state judges to “retire from judicial office at the end of the calendar year” in which they turn 75 years old. Section 1a(1) authorizes laws that establish a lesser age—not younger than 70 years—for mandatory retirement. Measure amends constitution to remove provision requiring mandatory retirement at age 75, as well as provision authorizing statutes requiring mandatory retirement at age 70 or older. Measure retains constitutional provision that authorizes statutes permitting retired judges to be recalled to temporary active service. Measure retains constitutional provision that authorizes laws permitting or requiring judges to retire due to a physical or mental disability or any other cause that renders them incapable of performing their judicial duties.

Measure Text

Section 1a, Article VII (Amended) of the Constitution of the State of Oregon, is amended to read:

Sec. 1a. [Notwithstanding the provisions of section 1, Article VII (Amended) of this Constitution, a judge of any court shall retire from judicial office at the end of the calendar year in which he attains the age of 75 years.] The Legislative Assembly or the people may by law:
(1) Fix a lesser age for mandatory retirement not earlier than the end of the calendar year in which the judge attains the age of 70 year;
(2) Provide for recalling retired judges to temporary active service on the court form which they are retired; and
(3) Authorize or require the retirement of judges for physical or mental disability or any other cause rendering judges incapable of performing their judicial duties.

[This section shall not affect the term to which any judge shall have been elected or appointed prior to or at the time of approval and ratification of this section.]

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