Two bills introduced in the New Jersey Legislature last year would begin a process to raise the mandatory retirement age for justices and judges from 70 to 72 or to 75. Although a referendum majority would be required in either case, the legislation is an important first step and we support either change.

Although federal justices and judges do not have mandatory retirement ages, a majority of states do, some at 72 or 75, one (Vermont) at 90. There are arguments for and against mandatory judicial retirement. In favor are avoidance of issues of mental acuity and the desirability of bringing in fresh viewpoints. Against are the critical importance of judicial independence and the benefits of experience.