Ballot includes increasing judges' retirement age 

CHEYENNE — Among the many decisions voters will make in the Nov. 8 general election, they will consider whether Wyoming Supreme Court justices and district court judges could retire five years later. 

Amendment B was passed out of the Wyoming Legislature’s Joint Judiciary Committee during the 2021 interim session, and it was approved by both chambers during the 2022 budget session. It would increase the mandatory retirement age from 70 to 75. 

Rep. Jared Olsen, R-Cheyenne, is a co-chairman of the Joint Judiciary Committee, and he said it is becoming more common for district judges to have spent a significant amount of their careers as circuit judges or practicing lawyers. He said by the time they become a district judge or receive an appointment to the Supreme Court, he’s noticed they don’t have much time left on the bench. 

“It’s a creature of reality,” he told the Wyoming Tribune Eagle. 

Olsen pointed out that adjusting the age would help keep “some experience and continuity on the Supreme Court,” as well as provide ancillary benefits. 

There is an estimated $5.5 million the Wyoming Judicial Branch could potentially save by not paying retirement to the 11 justices who will reach age 70 in the next ten years. Wyoming State Court Administrator Elisa Butler provided a fact sheet to the WTE that was sent by the Wyoming Judicial Branch, arguing for the benefits of approving Amendment B. 

It stated that over the past five decades, ten states have increased the age by which judges must retire. 

This is based on data from the U.S. Department of Labor that there has been an increase in average life expectancy of the U.S. population, and by 2030, 9.5% of the civilian labor force is projected to be older than 65. 

According to state voter guides, there are also drawbacks to increasing the retirement age. 

Vote 411 from the League of Women Voters Education Fund noted that, over time, “the legal profession has increased its efforts to be more inclusive; thus, the current pool of lawyers from which judges are chosen may be more diverse and reflective of Wyoming’s current population if retirement age stays at 70.”

Arguments were made that health and acuity issues increase with age, and the risk of the incompetent judge may increase with the measure. 

The Wyoming Commission on Judicial Conduct and Ethics would continue to review “conduct that is prejudicial to the administration of justice, or mental or physical disability that seriously interferes with judicial duties.” 

“Mandatory judicial retirement at age 70 has resulted in the loss of many eminently qualified justices and judges in Wyoming, including Justice Michael K. Davis, Justice Michael Golden, Judge Timothy Day and Judge Thomas Sullins, to name a few,” Wyoming Judicial Branch officials wrote.

“If the mandatory retirement age were extended, not only could these members of the judiciary continue to meaningfully contribute to the law in Wyoming, longer service would also result in a net savings for the state.” 

This is the second part of a two-part series on constitutional amendments on the ballot for the Nov. 8 election. The first part covered Amendment A on allowing municipalities and other political subdivisions to invest in stocks.