Jonah Patel
The duration of a judge's term in office varies across different courts and jurisdictions. In the US, the Constitution states that judges of the supreme and inferior Courts, shall hold their Offices during good Behaviour. This has been interpreted to mean that federal judges are appointed for life, with their salaries protected from reduction during their continuance in office. However, there have been calls for term limits for Supreme Court justices, with some suggesting an 18-year term limit to reduce partisanship and improve the judiciary's reputation. At the state level, the term lengths for judges can vary, with some states having set term lengths ranging from 6 to 15 years, while others have life terms or mandatory retirement ages. For example, Colorado has a 10-year term for its supreme court, while Maryland's general jurisdiction trial court judges have 15-year terms.
| Characteristics | Values |
|---|---|
| Constitutional court judges' term limits | Varied opinions: some support term limits for accountability, others support lifetime appointments to remove partisanship |
| Lifetime appointments | Mentioned in the Constitution, but not expressly granted |
| Term lengths suggested | 2 years, 6 years, 10 years, 12 years, 18 years, 20 years |
| Magistrate judges | Appointed for a renewable term of 8 years; part-time magistrates serve 4-year terms |
| Court of International Trade judges | Appointed to renewable 10-year terms |
| Court of Federal Claims judges | Appointed to renewable 15-year terms |
| State supreme court judges | Colorado has 10-year terms; Maryland has 15-year terms |
| State court of appeals judges | Colorado has 8-year terms; Maryland has 10-year terms |
| State district court judges | Colorado has 6-year terms; Maryland has 15-year terms |
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What You'll Learn
Lifetime appointments
However, lifetime appointments have been criticised for not achieving their intended purpose. The current Supreme Court is seen as highly political and polarised along partisan lines. Some have argued that lifetime appointments have led to a lack of accountability, with justices appearing to be "bought".
There have been calls for term limits for Supreme Court justices, with various lengths proposed, including 6, 10, 12, 18, and 20 years. Some have suggested that instead of term limits, there should be an age limit for justices.
While there is support for term limits, implementing them would require a constitutional amendment, which is seen as a challenging prospect in the current political climate.
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Varying term limits
The term limits for constitutional court judges vary across different courts and jurisdictions. In the United States, the Constitution does not expressly grant "life tenure" to Supreme Court justices. Instead, the idea of holding office during "good behaviour" has been interpreted to allow for life tenure. However, there have been proposals to impose term limits on Supreme Court justices, with suggested durations of 10, 12, 18, or 20 years.
At the state level, the term limits for judges can vary significantly. For example, Colorado has a 10-year term for its supreme court, 8 years for its court of appeals, and 6 years for district courts. In contrast, Maryland has 15-year terms for its general jurisdiction trial court judges and 10-year terms for its appellate court judges and justices. Some states, like Massachusetts, New Hampshire, and Rhode Island, have life terms or mandatory retirement ages, while New Jersey has a unique 7/70 policy, where a justice serves for 7 years and then until the mandatory retirement age of 70 if reappointed.
For non-Article III judges in the United States, such as magistrate judges and bankruptcy court judges, specified terms of office apply. Magistrate judges, for instance, are appointed for renewable terms of 8 years, while part-time magistrates serve for 4 years.
In the case of territorial courts, judges are appointed by the President and confirmed by the Senate to renewable 10-year terms. The U.S. Court of Federal Claims, on the other hand, has judges appointed to renewable 15-year terms.
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Elections and reelections
The length of terms for constitutional court judges varies across different courts and jurisdictions. In the US, federal judges, including Supreme Court justices, are nominated by the president and confirmed by the Senate, according to the Appointments Clause of Article Two of the US Constitution. While the Constitution does not provide eligibility criteria or term limits for federal judges, it does state that judges “shall hold their offices during good behaviour”. This has been interpreted as granting life tenure to Supreme Court justices, although some have argued that this is not explicitly stated in the Constitution.
There have been calls for term limits for Supreme Court justices, with suggestions ranging from 10 to 20 years, or even a biennial appointment with an 18-year term limit. Proponents of term limits argue that they would improve accountability, reduce partisanship, and discourage the appointment of young justices to lock in a particular judicial ideology. However, imposing term limits would require a constitutional amendment, which is currently seen as politically challenging.
At the state level, the term lengths for judges can vary from state to state and even within a state. For example, Colorado has 10-year terms for its supreme court, 8-year terms for its court of appeals, and 6-year terms for its district courts. In contrast, Maryland has 15-year terms for its general jurisdiction trial court judges and 10-year terms for its appellate court judges. Some states, like Massachusetts, New Hampshire, and Rhode Island, have life terms or mandatory retirement ages, while New Jersey has a 7/70 policy, with justices serving 7 years and then until the mandatory retirement age of 70.
In other courts, such as territorial courts, judges are appointed by the President and confirmed by the Senate to renewable terms. For example, judges in the Court of International Trade and the Court of Federal Claims serve renewable 10-year and 15-year terms, respectively. Magistrate judges, who are appointed by district judges, serve renewable 8-year terms, while some part-time magistrates serve 4-year terms.
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Age limits
The US Constitution does not set any qualifications for service as a justice, such as age, citizenship, residence, or prior judicial experience. This means that the president may nominate anyone to serve, and the Senate may not set any qualifications or otherwise limit who the president can choose. However, the Senate may deny confirmation to a candidate it deems unqualified or unsuitable.
The US Constitution provides that federal judges ""shall hold their offices during good behaviour", which has been interpreted to mean life tenure for federal judges. Absent resignation, they may only be removed from office via impeachment. This has led to criticism, with some arguing that the Supreme Court is behind the times due to the longevity of justices.
There have been calls for term limits or a mandatory retirement age for Supreme Court justices. Nearly all US states have term limits for the judges of their highest courts, and constitutional democracies typically have either term limits or age limits for high court service. An 18-year term of active service for Supreme Court justices has been proposed, followed by senior status, which would preserve judicial independence. However, some argue that this would be unconstitutional as it would violate the Good Behavior Clause.
One alternative suggestion is to have staggered terms of active service, which would bring the Supreme Court in line with state courts and other leading constitutional democracies. Another proposal is to have a designated Supreme Court justice model, where a sitting federal judge from a lower court is elevated to the Supreme Court for 18 years, after which they return to service in the lower federal courts.
Some judges have argued for an age limit instead of a term limit. For example, one judge mentioned that they were prohibited from serving another term as an Ohio judge because they turned 70, which is an Ohio Constitutional requirement.
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Staggered terms
The length of terms for constitutional court judges varies across different countries and even within the states of a single country. While some countries and states offer life tenure for judges, most countries with specialised constitutional courts impose fixed terms for their judges, which are typically non-renewable.
In the US, the Constitution does not expressly grant "life tenure" to Supreme Court justices. However, the idea of life tenure has been derived from the language that judges and justices "shall hold their offices during good behaviour". This means that, in the absence of resignation, federal judges may only be removed from office via impeachment.
The US Constitution also allows a President to appoint a Justice while the Senate is in recess, although this method has been disfavoured since President Dwight D. Eisenhower appointed three Supreme Court Justices in this manner.
There is a growing call for term limits for constitutional court judges to prevent the politicisation of the judiciary and to ensure that judges remain independent and accountable. Staggered terms of active service for constitutional court judges have been proposed as a solution to the above concerns. Under this system, justices would sit in staggered terms, with a new vacancy opening every two years. Each president would have two appointments during a four-year term. This proposal would bring the Supreme Court more in line with state courts and other leading constitutional democracies, most of which impose term limits or age limits on high court service.
Eighteen-year terms have been proposed as the best way to achieve the benefits of staggered terms. This term length has clear bipartisan public support and preserves judicial independence while ensuring that the Court's membership will be responsive to democratic elections. It also tracks the historical average term length, allows individual justices to develop their own voice, and reinforces the stability of a nine-justice Court.
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Frequently asked questions
The length of time constitutional court judges remain in office varies depending on the state and the court in question. For example, Colorado has 10-year terms for their supreme court, 8-year terms for their court of appeals, and 6-year terms for their district courts. In contrast, Maryland's general jurisdiction trial court judges (circuit) have 15-year terms, while their appellate court judges and justices have 10-year terms. Some states, like Massachusetts, New Hampshire, and Rhode Island, have life terms or mandatory retirement ages.
Yes, there have been proposals to impose term limits on constitutional court judges, with suggested limits ranging from 6 to 20 years. However, imposing term limits on Supreme Court justices would require a constitutional amendment, which is currently seen as politically impossible.
Those in favour of term limits argue that they are essential for accountability and could help reduce partisanship in the judiciary. Term limits could also discourage the appointment of younger justices to lock in a particular judicial ideology for extended periods.
Opponents of term limits argue that they could lead to prolonged periods without a full bench due to political disagreements during the selection process. Additionally, they argue that lifetime appointments are intended to shield judges from political pressures and guarantee judicial independence.
Yes, some judges and commentators have suggested imposing an age limit instead of a term limit. For example, one judge noted that they were unable to serve another term as an Ohio judge after turning 70, which is a requirement in that state's constitution.
