November 14, 2024
By Bill Raftery
As mentioned over the last several weeks, 8 items impacting courts were on the ballot, with voters approving half and rejecting the other half. Those rejected were:
- Arizona Proposition 137 would have allowed some judges in that state to serve “during good behavior” and made changes to the state’s judicial disciplinary body. The plan was rejected 23-77%.
- Missouri Constitutional Amendment 6, which would have provided that “administration of justice” fees levied by courts could be used to support salaries and benefits for sheriffs, former sheriffs, prosecuting attorneys, former prosecuting attorneys, circuit attorneys, and former circuit attorneys. That effort was rejected 39-61%.
- New Hampshire Mandatory Judicial Retirement Age Amendment, which would have increased the state’s judicial retirement age from 70 to 75, failed to get the two-thirds supermajority needed, with local media indicating a 65% yes vote. This follows defeats in Texas (2023) and Wyoming (2022), where similar efforts to increase mandatory retirement ages failed to be adopted.
- Oregon Measure 116, which would have created a commission to set the salaries for judges and other officials, was rejected 47-53%.
The approved ballot items included:
- Colorado Amendment H, which modifies the state’s judicial disciplinary system, was approved 72-28%. Local media reports that the change largely removes the state’s supreme court from the judicial disciplinary process.
- Georgia voters approved Constitutional Amendment 2 creating a state tax court within the state’s judiciary 52-48%.
- Hawaii District Court Appointments Modifications Amendment was approved, with 61% of voters casting yes votes. It makes the process of judicial appointments made by the chief justice the same as the process used by the governor.
- New Mexico Judicial Nominating Commission Amendment, approved by 51% of voters, allows the University of New Mexico School of Law dean “or the dean's designee, who shall be an associate dean, a faculty member, a retired faculty member or a former dean of the University of New Mexico School of Law,” to serve as chair of Appellate Judges Nominating Commission. In the prior amendment, only the dean could serve.
In December, Louisiana voters will decide on possible changes to the state’s judicial disciplinary system, examined here.
All constitutional amendments impacting the judiciary can be found on the Gavel to Gavel website (www.ncsc.org/gaveltogavel). While there, sign up for the weekly newsletter published during state spring legislative sessions.
What legislation impacting your courts might appear at the ballot box? Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, Instagram, LinkedIn, and Vimeo.