Prompted by the news that Chief Justice Gerry Alexander is positioning himself for mandatory retirement in 2011, the Spokesman-Review has an editorial today that says we should re-think the judicial retirement issue.
The state constitution was amended in 1951 to require judges to step down when they turn 75. The Spokesman-Review points out that life expectancy has gone from 66 years to 78 since the 1950s. Another problem with the mandatory retirement is that the governor appoints a replacement rather than allowing voters to select a judge.
The piece pays a backhanded compliment: “Alexander shows no signs of cognitive failings” – picture the Chief in his office – “Gee, thanks!” At the very least, says the editorial, judges who turn 75 should be permitted to serve out the remainder of their term.