Raising the Judicial Retirement Age

strawhatOn Tuesday, Pennsylvania voters will be asked to decide whether to amend the Constitution of the Commonwealth. The Pennsylvania Judicial Retirement Age Amendment (2016) ballot question will be worded thusly:

Shall the Pennsylvania Constitution be amended to require that justices of the Supreme Court, judges, and magisterial district judges be retired on the last day of the calendar year in which they attain the age of 75 years?

It is deceptively straightforward. If you don’t know any better, you might assume judges are never required to retire, as is the case in the Federal courts. You would be incorrect. The Pennsylvania Constitution, Article V, Section 16(b), currently requires judges to retire at age 70. This amendment would raise the age to 75.

I am sympathetic to the proposal. As a litigator and trial lawyer, I have known several judges who were still excellent jurists at age 70, and who could have served for years into their seventies. By rights, I should be in favor of this idea. I am not.

On the substantive question: there’s nothing special about any particular judge. They are just men and women in robes. Some are better than others. When one retires, we elect another. If we choose wisely, we choose another wise person. Thus it is as with all things.

On the procedural issue: the process of putting the question on the ballot has been an embarrassment. In a state that has recently seen its Attorney General jailed as a Felon and perjurer; where several senior legislators have been removed from office for corruption; and where two Supreme Court Justices were forced to step down for ethical lapses involving lewd and racist emails, you would think we would be more sensitive to issues of process and transparency.

You would think that.

Treachery and subterfuge should not be rewarded. For this and many other reasons, I will vote NO on the Ballot Question. It fixes a problem we do not have.

Election Thoughts

Some election thoughts as we head into the final weekend before Election Day:

  1. The best GOTV tool Democrats have is for a Trump-is-surging narrative to take hold in the final weekend. My fear for weeks has been complacent Democrats and independents staying home because enough “someone elses” will vote. Democracy is not a spectator sport; think rugby.
  2. Local media here in the PA hinterlands are so pro-Trump it is gross. WTAJ-TV & CDT, I’m looking at you fools/tools. My Internet is full of these poorly written, thinly sources stories with breathless headlines. We all know your audience, and you pander so well, but would it kill you to Do Better at Journalism? (Actually, it probably would. I’ve seen your numbers…)
  3. Pearl-clutching because someone was mean to you on the Internet doesn’t win arguments. See the last sentence in #1, above.

That’s all I have for now. Feel free to follow me on Facebook. I’m told my public feed is “pretty great.”