Nicholas Scutari, chairman of the Senate Judiciary Committee, said over the years seasoned judges have approached him about a novel idea: They wanted to keep working as full-time judges past the mandatory retirement age of 70 in New Jersey, and they wondered if there was anything the Legislature could do.

Scutari, D-Union, who is Majority Whip (meaning he is among the tight leadership group of Senate President Steve Sweeney, D-Gloucester), along with colleague Sen. Christopher "Kip" Bateman. R-Somerset, answered last Thursday by introducing SCR-47, a proposed constitutional amendment, and bill S-1064, to allow judges to work past 70 without having to be renominated by the governor.

"Kip and I have been talking about this for a while, on more than one occasion," Scutari said in a phone interview Wednesday. "I've always thought it was a good idea."

On multiple levels, and among them, he said: less need to rely on judges on recall to deal with judicial vacancies; and less strain on the state's pension system since more judges working longer means fewer drawing from their pensions. Some would rather stay on full time than be on recall status, he said.

"It will also serve as a recognition that people are living and working longer," said Scutari. "I'll be tweaking the bill, but it will go before a hearing" in the Senate Judiciary Committee.

State Supreme Court Justice Walter Timpone and 11 Superior Court judges are set to retire this year after their 70th birthdays, according to MaryAnn Spoto, spokeswoman for the Administrative Office of the Courts.

Under the bill, Timpone and other justices, as well as judges who work in Superior Court, Tax Court, as well as other courts, would be allowed to serve two-year stints past the age of 70 if approved by the state Senate, and they wouldn't need to be renominated by the governor.

The Senate would have to approve, every two years, each judge to remain in office. Any judge not approved by the Senate would have to retire.

"This concurrent resolution proposes a constitutional amendment that would allow these judges to stay in office past their retirement age for one or more additional two-year terms if unilaterally agreed to by an advice and consent vote in the Senate, based on new laws enacted by the Legislature. Any judge not reapproved by an advice and consent vote would have to retire at the end of the two-year term," according to SCR47.

The amendment could also apply to any new type of judge created by law with a required retirement age, subject to staying in office with Senate approval.

"We would like to retain jurisdiction," Scutari said of the upper chamber. "70 is not what it was when this mandatory retirement age was created in 1947. There are several benefits to passing this."

Scutari said it would also further align New Jersey with the federal system, where judges can take senior status.

"We're very similar to the federal system and this bill will make us even more compatible with the federal system," Scutari said.

Scutari said SCR-47 needs legislative approval before summer recess in order for it to get on the November 2020 ballot as a question for voters.

The recently proposed constitutional amendment to make recreational marijuana use for those 21 and over legal took a similar route. It received three-fifths majority vote in both the Assembly and Senate in a single legislative calendar year to make onto the 2020 ballot.

"There are some judges that would love to stay on a bit longer, and in a full-time capacity rather on recall," Scutari said. "There are some really good ones who should stay on. Having them on a full-time capacity helps out with not only the pension system, but helps the balance sheet.

"It's not for everyone," Scutari said. "It won't be mandatory."

He said SCR-47 has bipartisan support, including from primary co-sponsor Bateman—who, like Scutari, is an attorney.

"70 today isn't the same as it was years ago, and we are losing a lot of good judges just because of this mandatory age of 70," the Somerset County Republican told the Law Journal in a phone call Wednesday.

When asked whether SCR-47 could help the state's court system in alleviating the judge shortages, Spoto said: "The AOC does not comment on or take a position on proposed legislation."