1. United States
  2. Tenn.
  3. Letter

Force the Virginia Supreme Court's Hand — Lower the Judicial Retirement Age Now

To: Rep. Shaw, Sen. Walley

From: A constituent in Brownsville, TN

May 11

Lower the mandatory judicial retirement age for Virginia Supreme Court justices and insert it into the budget bill before June 30. Voters ratified that constitutional amendment. The court's majority overruled them anyway. The General Assembly has the authority under Article VI, Section 9 of the Virginia Constitution to set judicial retirement ages without restriction — use it. Set the new retirement age at 54, the age of the youngest justice in the majority, Stephen McCullough, and make it effective upon passage. Because appropriations bills are exempt from the normal delay on new laws taking effect, the budget is the vehicle. Virginia already uses 55 as a retirement threshold for public employees in the Retirement System, so this isn't without precedent. A newly appointed court can rehear the case and restore what voters actually decided. The November elections are coming. There is no time to wait for a cleaner option that may never arrive.

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