Amend. Art. XCVIII

Tenure and retirement of judges

Structure The Courts Amendments · Articles of Amendment

Official text rightpowerlimitif conditionlegal term

Article I of Chapter III of Part the Second of the Constitution , as amended by Article LVIII of the Amendments to the Constitution, is hereby annulled and the following Article is adopted in place thereof:-

Article I. The tenure, that all commissioned officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this Constitution; provided, nevertheless, the governor, with the consent of the council, may remove them upon the address of both houses of the legislature; and provided, also, that the governor, with the consent of the council, may after due notice and hearing retire them because of advanced age or mental or physical disability; and provided further, that upon attaining seventy years of age said judges shall be retired. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary retirement.

Simplified explanation

Replaces Article I of Chapter III: judicial officers hold office during good behavior; the governor, with the council's consent, may remove them on address of both houses or retire them for advanced age or disability after notice and hearing; judges shall be retired at seventy.