For whatever reasons, the mandatory retirement age for judges in Pennsylvania is 70 years. When a judge turns 70, he or she must step down. No ifs, ands or buts. This is what the Constitution mandates.

Of the 67 judges up for retention on November 6, 25 will be forced to retire and cannot serve the entire term they seek. Of the seven statewide judges up for retention, five will not be able to serve the entire term they seek.

Don't Pennsylvanians deserve a chance to elect judges who can serve the entire term of office? They will get that chance if these judges are not retained and a contested race is held to fill the open seat. At that time, voters will be able to choose from candidates who can serve a full term.

After a judge retires, he or she can be assigned by the Supreme Court for temporary judicial duty. These senior judges get to make important decisions of law and never have to face the voters again. In a Commonwealth where a vast majority of people want to retain the right to elect judges, why do we let judges who are unaccountable to voters make important decisions?

This leads to the question: Why exactly do we force judges to retire at age 70? Are they too old to serve? Are we afraid they'll become confused or will exercise poor judgment? PACleanSweep has many supporters over 70 who are sharp as a tack, so we don't believe this is the case at all. So why is 70 the mandatory retirement age? Should we even have a mandatory retirement age? If 70 years of age is some magical cut-off, why do we allow for senior judges at all?

While these questions should be addressed in Pennsylvania - preferably at a constitutional convention - the fact remains that the Constitution currently compels judges to retire when they turn 70. As such, 25 of the 67 judges up for retention on November 6 cannot serve the entire term they are seeking.

In Philadelphia Municipal Court, Judge Ronald B. Merriweather must retire in 2008. In Common Pleas Court, Westmoreland County's Jay Ober and Montgomery County's Calvin S. Drayer, Jr. must retire in 2009. Several judges must retire in 2012 and are only able to serve half the term they seek.

When they retire, those vacancies will be filled in the same manner as the vacancies created if they are not retained on November 6: The Governor appoints and the Senate confirms. Why not get that over with now - while Pennsylvanians are focused on the importance of the Constitution - instead of waiting until some unknown governor and unknown Senators in the future can appoint and confirm replacements?

Vote NO on November 6!

See the List of Judges Up for Retention and Who Cannot Serve the Entire Term

Citizens' To Do List

About PACleanSweep

PACleanSweep is a non-partisan effort dedicated to reforming state government in Pennsylvania. For more information, please visit www.PACleanSweep.com.