Top judges can stay on until 70, says CDC

Top judges can stay on until 70, says CDC

Holders of executive posts must leave at 65

The Constitution Drafting Committee (CDC) has proposed that judges holding executive posts should leave office at the age of 65, but should be allowed to serve in the judiciary as senior judges until they are 70.

The decision was reached following a debate among charter drafters about whether the mandatory retirement age of judges should be 60 or 65. The current retirement age is 70. 

Some drafters want to lower the retirement age to 60 to allow "younger" judges to take executive roles. Others argue the country is becoming an ageing society and lowering the retirement age to 60 may create shortages in the judicial system.

The CDC has also proposed that the presidents of all courts except the Constitutional Court and the Military Court should be allowed to serve only one term that is limited to four years.

The CDC's move is in line with a petition submitted by a group of 105 Administrative Court judges led by Prasart Pongsuwan, director-general of Rayong Administrative Court, to CDC chairman Borwornsak Uwanno.

Under the group's proposal, the retirement age of the Administrative Court judges should be lowered to 65. After that they must step down from executive posts but should be allowed to serve as senior judges until they reach 70.

In addition, the group proposes the Supreme Administrative Court president should be allowed to serve a single term of no more than two years.

Mr Prasart said the group's proposal is intended to reduce conflicts in courts, particularly the Administrative Court, and prevent abuses of power.

"Those people may have gained too much power and caused some problems for the system after holding executive positions for too long. We believe the court president should serve as the agency head and perform ceremonial work," he said.

"This is to safeguard against possible abuses of power which might occur if some people stay in office for too long. The age of 65 is deemed proper and one term is deemed adequate."

A conflict erupted last May between Supreme Administrative Court president Hatsawut Widitwiriyakun and a group of Administrative Court judges following a report saying the secretary-general of the Administrative Court, Direkrit Chenkhrongtham, allegedly helped with the promotion of a senior police officer by "dropping the name" of Mr Hatsawut in letters to national police chief Adul Saengsingkaew.

If the new retirement age takes effect, Mr Hatsawut — who is 66 — will have to vacate his post and he can no longer hold any executive position.

According to Mr Prasart, the group has also asked the CDC to change the structure of the Administrative Court Commission because it is unbalanced. 

Under the current structure, the Supreme Administrative Court has six representatives while the entire court has only 19 judges. The Administrative Court has three representatives on the commission with 198 judges.

The CDC has taken the proposal into consideration and agreed the judicial commission should be represented proportionately.

Meanwhile, CDC spokesman Kamnoon Sidhisamarn said the panel is due to discuss if politicians who are impeached and banned from politics will face life-time bans when a new charter takes effect.

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