How do you feel about mandatory retirement? How many 75-year-olds do you know that are still vital and capable? Does your gut tell you that judges should be able to work until they are 75? Is your favorite appellate judge approaching 70 and you would like to see him or her stay on the bench longer? How do you feel about our sitting judges that might be forced to retire at age 70 if the law does not change? These and other questions lie in the balance as Pennsylvanians are asked to consider a constitutional change next month. On April 26, Pennsylvania voters are set to be faced with a critical question: Should the mandatory judicial retirement age be raised from 70 to 75? While the media hasn’t created the kind of stir that would make this a hot issue for the average citizen, the answer to this ballot question will most certainly impact every member of the bar.
At first glance this might not seem like an issue that is worth spending serious time or consideration on, but the importance of this vote should not be underestimated. Not only would changing the retirement age for judges require an amendment to Section 16(b) of Article V of the Pennsylvania Constitution, the implications of this potential amendment are far-reaching. The balance of power in our state Supreme Court could ultimately be affected depending on which way the vote goes. If the current age limit were to stand, there would be multiple vacancies on the Supreme Court from now through 2019. If voters approve the change in age limit, the first seat would not open until 2021. There are certainly pros and cons, making the decision to vote for or against this change a difficult one.
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