Sunday, October 20, 2013

Pennsylvania lawmakers consider mandatory retirement age of judges

Pennsylvania has not given up on raising the mandatory retirement age of judges.  The Senate took a step toward raising the age from 70 to 75, approving a House-passed bill to change the state Constitution, reported the Pittsburgh Tribune-Review.

The Senate approved the bill 44-6.

As a proposed constitutional amendment, the legislation needs approval from both chambers in the 2014-15 session. It then would be placed on the ballot for voters' consideration. A constitutional amendment doesn't need the governor's signature.

The earliest public vote would be November 2015, said Lynn Marks, executive director of Pennsylvanians for Modern Courts, a judicial watchdog group. The group has not taken a position on the question of mandatory retirement for judges.

People are living longer with “higher mental acuity,” Marks told the Trib. “It's a discussion under way in many professions.”

Federal judges face no age limit. In the Supreme Court, former Chief Justice Oliver Wendell Holmes served until 1932 when he was almost 91 years old. Associate Justice John Paul Stevens retired in 2010 at age 90.
 
Supporters of mandatory retirement ages say it makes room for “fresh blood” on the bench and that mental capabilities can deteriorate with age. Opponents argue that age is arbitrary. Each decision should be voluntary and there's no guarantee younger judges will perform better, according to an analysis Marks' group presented to the House Judiciary Committee in April.

In 1968, when the mandatory retirement age was placed in the constitution, life expectancy was 70, and today it is 78, said Sen. Lisa Boscola, D-Northampton County.

Pennsylvania is one of 33 states with a mandatory retirement age, typically varying from 70 to 75.

“We do ourselves a disservice by forcing retirement (of judges) so early,” John Burkoff, a law school professor at the University of Pittsburgh told the Trib. “I think it would make a lot more sense to let judges stay on the bench longer, at least until the point where they actually show signs that they can no longer do the job effectively.”

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