Assigned to JUDE                                                                                                                   FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.C.R. 1040

 

justices; judges; mandatory retirement age

Purpose

Subject to voter approval, constitutionally raises the mandatory retirement age for justices and judges of courts of record from 70 years of age to 75 years of age.

Background

The Arizona Constitution establishes the retirement requirements for justices and judges of courts of record. Currently, a justice or judge must retire upon reaching 70 years of age, at which time the judicial office becomes vacant. Retired justices and judges who receive retirement pay may be temporarily called back to serve and are entitled to compensation and expenses as provided by law. Judicial offices may also become vacant upon death, voluntary retirement or resignation or failure to be retained by voters under Arizona's judicial retention system (Ariz. Const. art. 6
§§ 20 and 39)

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Raises, from 70 years of age to 75 years of age, the mandatory retirement age for justices and judges of courts of record.

2.   Requires the office of a justice or judge to become vacant upon attaining 75 years of age, except as otherwise provided by the Arizona Constitution.

3.   Makes technical changes.

4.   Becomes effective if approved by the voters and on proclamation of the Governor.

Prepared by Senate Research

February 6, 2026

ZD/MY/ci