The board of directors of the Hawai'i State Bar Association has voted 7-5 to oppose a proposed constitutional amendment that would lift mandatory retirement for state judges at age 70.

The proposal was approved by the state Legislature this year for placement on the Nov. 7 general election ballot.

The proposal would amend the state constitution that says state judges "shall retire upon attaining the age of 70 years."

Currently, eight of the state's 80 judges would have to retire at age 70 before their terms expire, according to the state Judiciary. Among the eight is Chief Judge James Burns of the Intermediate Court of Appeals; he turns 70 in April 2007. His 10-year term expires in 2012.

Others include Chief Justice Ronald Moon, who turns 70 in September 2010, more than two years before his term expires.

"Many on the board felt that the mandatory retirement age of 70 is arbitrary," the bar association said yesterday in announcing the decision. "However, the board believes that there has been an insufficient examination of the issues involved in amending the Hawai'i Constitution at this time."

Some critics of the proposal say the amendment is aimed at taking away the authority to appoint judges from Gov. Linda Lingle, who is seeking her second four-year term.

But supporters note that there is no mandatory retirement for U.S. Supreme Court justices and argue that qualified judges shouldn't be forced to retire at age 70.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.