March 5, 2013

States Re-Examine Forced Retirement of Judges

Stateline takes a new look at state constitutions and laws mandating judges to step down when they reach a certain age, usually between ages 70 and 75.  The authors report that 33 states and the District of Columbia set mandatory retirement ages, but 10 of them are re-examining their policies.

Those advocating for raising the retirement age, or eliminating it altogether, point to increased life expectancies; too much turnover on the bench; and the fact that federal judges are appointed for life.  Countering the argument that some older judges will remain on the bench too long, they contend that there are more judges who are able to serve beyond cutoff ages.

Six Pennsylvania state judges have sued the governor, claiming that any cutoff age is arbitrary and legally suspect.  Like Connecticut, that state’s constitution mandates that judges step down at age 70.