Simone Lawson
The length of a constitutional court judge's term in office varies across different countries and even states. In the United States, Supreme Court justices have life tenure, serving until death, resignation, retirement, or impeachment and removal from office. However, proposals for term limits have been made, such as staggered 18-year terms, to bring regular turnover to the bench. In contrast, nearly all countries with specialized constitutional courts impose fixed, typically non-renewable terms for their judges, and 47 out of 50 states require their supreme court justices to serve fixed terms with the possibility of reelection or reappointment. For example, Massachusetts, New Hampshire, and Rhode Island have life terms or mandatory retirement, while New Jersey has a 7/70 policy, with justices serving 7 years and then until mandatory retirement at 70 if reappointed.
| Characteristics | Values |
|---|---|
| Court | Supreme Court |
| Court | Courts of last resort |
| Court | Intermediate appellate courts |
| Court | General jurisdiction trial courts |
| Term length | 6-15 years |
| Term length | 8.6 years (average) |
| Term length | 8 years (median) |
| Term length | Life terms or until mandatory retirement |
| Term length | 7 years (until reappointment) |
| Term length | 7/70 policy (New Jersey) |
| Term length | 14 years (New York) |
| Term length | 18 years (proposed) |
| Senior status | At least 65 years old and 15 years of service |
| Senior status | At least 10 years of service |
| Senior status | At least 80 years of age and years of service |
| Removal | Impeachment by the House of Representatives and conviction by the Senate |
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What You'll Learn
Fixed terms for constitutional court judges
The length of a term for a constitutional court judge varies across different countries and even states. Supreme Court justices in the United States have life tenure, which means they serve until they die, resign, retire, or are impeached and removed from office. However, this is not the case in most other countries or states. Out of the 800-plus constitutions adopted since 1787, fewer than 20% have granted high court judges life tenure.
In the United States, Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, federal circuit judges, and district judges. These judges, often referred to as ""Article III judges," are nominated by the president and confirmed by the U.S. Senate. Article III states that these judges "hold their office during good behavior," which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
However, some states have replaced life tenure with a mandatory retirement age. For example, Massachusetts replaced life tenure with a mandatory retirement age of 70 in 1972. New Jersey has a 7/70 policy, where a justice appointed and confirmed to office serves for 7 years and, if reappointed and reconfirmed, serves until mandatory retirement at age 70.
There have been proposals for the United States Supreme Court to adopt fixed terms for judges. One proposal suggests that when a vacancy occurs, the president would elevate a sitting federal judge from a lower court to sit by designation on the Supreme Court for 18 years. After this term, the judge would return to service in the lower federal courts and be replaced by a different sitting federal judge. This would result in staggered 18-year terms, bringing regular turnover to the bench and creating a Court that better reflects prevailing public values.
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Life tenure for constitutional court judges
The length of a term for a constitutional court judge varies depending on the country and even the state in question. In the United States, Supreme Court justices have traditionally been granted life tenure, serving until death, resignation, retirement, or impeachment and removal from office. This is governed by Article III of the Constitution, which outlines the appointment, tenure, and payment of Supreme Court justices, federal circuit judges, and district judges. These "Article III judges" are nominated by the president and confirmed by the U.S. Senate.
However, life tenure for constitutional court judges has been increasingly rare globally, with fewer than 20% of the 800-plus constitutions adopted since 1787 granting high court judges life tenure. Most countries with specialized constitutional courts impose fixed, often non-renewable, terms for their judges. This trend is also reflected in the United States, where 47 out of 50 states require their supreme court justices to serve fixed terms, subject to reelection or reappointment processes.
Some U.S. states, such as Massachusetts, New Hampshire, and Rhode Island, have maintained life terms for judges, albeit with mandatory retirement ages. Other states, like New Jersey, have adopted a "7/70 policy," where justices serve an initial term of 7 years and, if reappointed, continue serving until mandatory retirement at age 70.
Proposals have been made to reform the system of life tenure for U.S. Supreme Court justices, such as implementing staggered 18-year terms to bring regular turnover to the bench and better reflect prevailing public values. Under this model, each president would appoint two justices during their four-year term, with the appointees being sitting federal judges from lower courts.
Additionally, Article III judges can take senior status upon meeting certain age and service requirements, such as being at least 65 years old and having served a minimum of 15 years on the bench. Senior judges can choose to handle a reduced caseload, and their vacancy is filled through the standard nomination and confirmation process.
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Removal of constitutional court judges
The length of service for constitutional court judges varies across different countries and even states. In the US, federal judges, often referred to as "Article III judges", are appointed for life, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
In the US, there have been proposals for staggered 18-year terms for Supreme Court judges, which would result in a Court that better reflects prevailing public values. This would also mean that each president would have two appointments during a four-year term.
In India, impeachment is the term used in the Constitution for the removal of Supreme Court judges. The removal process involves passing a notice of motion in either house of Parliament, requiring the submission of a declaration to the speaker with the signatures of at least 100 members of the lower house. Once the motion is passed in the lower house, the Speaker of Lok Sabha or the Chairman of the Rajya Sabha will form a committee to investigate the complaint. This committee will consist of a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist. After the investigation, the committee submits its report, and if the report records a finding of misbehaviour or incapacity, the motion for removal will be considered and debated. The motion for removal must be adopted by a majority of each house of parliament and a majority of at least two-thirds of the members of that house present and voting. Once the motion is adopted in both houses, it is sent to the president, who will issue an order for the removal of the judge. While impeachment motions have been brought against Supreme Court judges in India, none have been successful.
In terms of retirement, in some US states, judges have life tenure, while others have a mandatory retirement age, such as 70 in Massachusetts. In other countries, there is a combination of a set term length and mandatory retirement age. For example, in New Jersey, a justice appointed and confirmed to office serves for 7 years and if reappointed and reconfirmed, they serve until the age of 70.
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Retirement age for constitutional court judges
The length of service for constitutional court judges varies across different countries and even states. Supreme Court justices in the United States, for example, have life tenure, meaning they serve until they die, resign, retire, or are impeached and removed from office. However, this is not the case in other states and countries.
In the United States, there have been proposals for staggered 18-year terms for Supreme Court justices, which would result in a Court that better reflects prevailing public values. This reform would also limit the president to two appointments during a four-year term. Additionally, federal judges who have met the age and service requirements can take senior status if they are at least 65 years old and have served a minimum of 15 years, or any combination of age and years of service that equals 80.
In Massachusetts, all courts replaced life tenure with a mandatory retirement age of 70 in 1972. New Jersey has a similar system, with a 7/70 policy: justices serve for seven years and, if reappointed, continue until mandatory retirement at 70. New Hampshire and Rhode Island also have life terms or mandatory retirement.
Outside of the United States, nearly all countries with specialized constitutional courts impose fixed terms for their judges, which are typically non-renewable. This trend against unbounded life tenure is evident in the more than 800 constitutions adopted since 1787, with fewer than 20% granting high court judges life tenure.
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Staggered terms for constitutional court judges
The length of a term for a constitutional court judge varies across different countries and even states. Supreme Court justices in the United States have life tenure, which means they serve until they die, resign, retire, or are impeached and removed from office. However, this is not the case for all states in the US. For example, Massachusetts replaced life tenure with a mandatory retirement age of 70 in 1972, while Nevada increased its term length from 4 years to 6 in 1976.
There has been a global trend away from indefinite life tenure for judges. In fact, out of the 800-plus constitutions adopted since 1787, fewer than 20% have granted high court judges life tenure. Most countries with specialised constitutional courts impose fixed, non-renewable terms for their judges. This is also true for state court systems within the US, with 47 states requiring their supreme court justices to serve fixed terms.
One proposed reform for the US Supreme Court is to have justices serve in staggered 18-year terms, with each president appointing two justices during their four-year term. This would result in a new vacancy every two years and allow for a smooth transition from the current system. After their term ends, a judge would return to service in a lower federal court and be replaced by another sitting federal judge. This model is consistent with the Constitution and similar to the existing system of senior judges that has been in place for over a century.
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Frequently asked questions
In the United States, Supreme Court justices have life tenure, serving until they die, resign, retire, or are impeached and removed from office. However, there have been proposals to introduce staggered 18-year terms for Supreme Court justices. This would mean that each president would appoint two justices during their four-year term.
Yes, nearly all countries with specialized constitutional courts impose fixed terms for their judges, which are typically non-renewable.
Yes, 47 out of 50 states require that their supreme court justices serve for fixed terms, which are subject to reelection or reappointment processes. The length of these terms varies by state, ranging from 4 to 15 years.
