Dozens of state Supreme Court justices over the mandatory retirement age of 70 have applied for certification to remain on the bench for at least another two years. Criminal justice reform advocates wrote a letter opposing four of them this year – but what happens next is a big question mark.

Under the state constitution, all state judges must retire at the end of the year they turn 70. But state Supreme Court justices specifically can serve up to six more years after that if they apply for certification to remain on the bench. They can apply up to three times for two-year periods. Only Supreme Court justices are eligible at the trial level, and while rejection is generally rare, certification is not a right.

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According to Lou Nock, a former state Supreme Court justice familiar with the certification process, the administrative decision-makers prioritize three factors when making their determinations: the jurists’ physical health, their mental acuity and whether they have been able to pace with the large caseload that comes with being a Supreme Court justice. Nock said they do weigh other factors, including appellate reversal rate, but to a lesser extent – and he’s less knowledgeable about how outside comments affect the process. He said each judge sits down for a roughly one-hour interview before receiving a decision on their certification application.

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