Life tenure

Last updated

A life tenure or service during good behaviour [1] is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personally to resign. [2]

Some judges and members of upper chambers (e.g., senators for life) have life tenure. The primary goal of life tenure is to insulate the officeholder from external pressures. Certain heads of state, such as monarchs and presidents for life, are also given life tenure. United States federal judges have life tenure once appointed by the president and confirmed by the Senate. [3]

In some cases, life tenure lasts only until a mandatory retirement age. For example, Canadian senators are appointed for life, but are forced to retire at 75. Likewise, many judges, including Justices of the Supreme Court of the United Kingdom, have life tenure but must retire at 75. [4] [5] In some jurisdictions, a judge who reaches mandatory retirement age may continue to serve as a supernumerary judge, but may no longer have the guarantees of tenure.

Life tenure also exists in various religious organizations. The Pope, as the Bishop of Rome and leader of the worldwide Catholic Church, has life tenure, but other Catholic bishops are required to submit their resignations at age 75. [6]

Senior professors at academic institutions may also be granted life tenure, which is intended to protect principles of academic freedom.

Related Research Articles

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

<span class="mw-page-title-main">Lords of Appeal in Ordinary</span> 1876–2009 British judicial office

Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters.

In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. These judges are often called "Article Three judges".

<span class="mw-page-title-main">Constitutional Reform Act 2005</span> Constitutional reform of the UK Judiciary

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

Mandatory retirement also known as forced retirement,enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire.

<span class="mw-page-title-main">Baltasar Corrada del Río</span> Puerto Rican politician (1935–2018)

Baltasar Corrada del Río was a Puerto Rican politician. He held various high political offices in the island, including President of the Puerto Rico Civil Rights Commission, Resident Commissioner (1977–1985), Mayor of the capital city of San Juan (1985–1989), Puerto Rico's 15th Secretary of State (1993–1995) and Associate Justice of the Supreme Court (1995–2005). He was also the unsuccessful NPP candidate for Governor in the elections of 1988.

<span class="mw-page-title-main">Supreme Court of New Jersey</span> Highest court in the U.S. state of New Jersey

The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an associate justice of the Supreme Court of the United States.

The Constitution Alteration Bill 1977 was a successful proposal to alter the Australian Constitution to introduce a retirement age of 70 for federal judges. It was put to voters for approval in a referendum held on 21 May 1977. After being approved in the referendum, it received the royal assent and became law on 29 July 1977.

<span class="mw-page-title-main">Supreme Court of Florida</span> Highest court in the U.S. state of Florida

The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.

Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and have served at least 10 years, and the sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks, and they continue to receive annual cost-of-living increases. The president may appoint new full-time judges to fill the vacancies in full-time judgeships caused by senior status.

The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.

<span class="mw-page-title-main">Judicial officers of the Republic of Singapore</span>

The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.

<span class="mw-page-title-main">President of the Supreme Court of the United Kingdom</span> Presiding officer of the Supreme Court of the United Kingdom

The President of the Supreme Court of the United Kingdom is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking among the Lords of Appeal in Ordinary. The President is not the most senior judge of the judiciary in England and Wales; that position belongs to the Lord Chief Justice. The current President is Robert Reed, since 13 January 2020.

In the United States, the government of each of the 50 states is structured in accordance with its individual constitution. In turn, each state constitution must be grounded in republican principles. Article IV, Section 4, Clause 1 of the United States Constitution tasks the federal government with assuring that each state's government is so organized.

<span class="mw-page-title-main">Justice of the Supreme Court of the United Kingdom</span> The judges of the Supreme Court of the United Kingdom

Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president of the court. The Supreme Court is the highest court of the United Kingdom for all civil cases, and for criminal cases from the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission.

<span class="mw-page-title-main">Judiciary of Scotland</span> Judicial office holders in the courts of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

Deaths of United States federal judges in active service have profound political and procedural effects. Due to their implications for the political composition of the courts on which they serve, they can result in unexpected political conflicts regarding appointments to fill those seats. Such incidences can also disrupt the operations of the court with respect to active cases assigned to the deceased judge, and with opinions written by the deceased judge but not yet distributed. Historically, the rate of judges dying in active service was highest in the early days of the country, but declined sharply as lifespans increased, and as various legislation was introduced first allowing retiring judges to collect a pension, and later allowing judges to transition from active service to senior status, continuing to do judicial work in a semi-retired state.

<span class="mw-page-title-main">Section 99 of the Constitution Act, 1867</span> Provision of the Constitution of Canada

Section 99 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the tenure and retirement age of the provincial superior court judges in Canada.

References

  1. Article III, Section 3 of the Constitution of United States  (June 21, 1788)
  2. Oliver, Philip D. (2012). "Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court". The Journal of Appellate Practice and Process . 13 (1): 11–32 via Bowen Law Repository.
  3. Saikrishna Prakash & Steven D. Smith, "How To Remove a Federal Judge" Archived 2012-04-15 at the Wayback Machine , 116 Yale L.J. 72 (2006).
  4. Judicial Pensions and Retirement Act 1993
  5. "Judicial Pensions and Retirement Act 1993: Section 26", legislation.gov.uk , The National Archives, 1993 c. 8 (s. 26), retrieved 31 July 2023
  6. Canon 401 §1