Minnesota Statutes

Minn. Stat. § 490.125 (2026)

Mandatory Retirement

✓ current as of May 2026

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Subdivision 1.Mandatory retirement age.

Except as otherwise provided in this chapter, a judge shall terminate active service as a judge on the judge's mandatory retirement date.

Subd. 2.Exception.

Any judge in office on December 31, 1973 who shall have attained 70 years of age on or prior to such date shall retire upon the expiration of the term of office of such judge.

Notes of Decisions

Cited in 4 cases, 1979–2011 · leading case: Saetre v. State, 398 N.W.2d 538 (Minn. 1986).

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Saetre v. State, 398 N.W.2d 538 (Minn. 1986). · cites it 12× “By letter dated November 5, 1986, the governor, noting the items of correspondence as well as the attorney general's opinion that Minn.Stat. § 490.125, subd. 1, mandated Judge Saetre's retirement by December 31, 1986, indicated his intention to announce a replacement on or about…”

Robins v. Ritchie, 631 F.3d 919 (8th Cir. 2011). · cites it 2× “the mandatory retirement statute at Minn.Stat. § 490.125, which is unconstitutional on its face, but also as applied, because the statute creates numerous mid-term (not at the end of 6 years) vacancies, which then allow[s] the Governor to appoint.”

Page v. Carlson, 488 N.W.2d 274 (Minn. 1992). · cites it 2× “Notwithstanding section 490.125 [the mandatory retirement provision], the governor shall forthwith make a written order accepting such retirement application, and extending the term of office of such judge for such period of time, not exceeding three years, as may be necessary…”

Dosland v. State, 288 N.W.2d 691 (Minn. 1979). · cites it 2× “125 hereof, the governor shall forthwith make a written order accepting such retirement application, and extending the term of office of such judge for such-period of time, not exceeding three years, as may be necessary to make such judge eligible for such retirement, solely for…”

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