Nov. 17, 2015
HARRISBURG – Pennsylvania voters will have the opportunity to vote by referendum to set the mandatory retirement age for judges in the Commonwealth at 75 under legislation sponsored by Rep. Kate Harper (R-Montgomery) and passed this week by the state Senate.
The referendum could go before voters as early as this spring at the state’s April 26 primary election.
“Based on my experience working in the justice system, I don’t think it’s in the best interest of Pennsylvanians to force a knowledgeable and experienced judge off the bench solely because he or she has turned 70,” Harper said. “Much has changed since the mandatory retirement age was set more than four decades ago. People live a lot longer, and they are more than capable of working a lot longer.
“I am pleased Pennsylvania voters will now have the opportunity to consider increasing the mandatory retirement age to retain the services of older, wiser and more experienced judges,” she added.
House Bill 90 proposes to amend the Pennsylvania Constitution to increase the mandatory retirement age for justices, judges and justices of the peace from age 70 to age 75. Amending the Constitution requires identical legislation to be passed in two consecutive sessions of the General Assembly and approval of the majority of voters by referendum. A bill identical to House Bill 90 passed both the House and Senate in the summer and fall of 2013.
At a public hearing on the proposal in 2013, a doctor testified about the mental acuity of older judges, noting that there is no sharp decline of mental functioning between age 70 and 75 and that the prevalence of dementia was relatively small. Harper noted that if problems would arise regarding a judge’s competency there is a process in place through the Judicial Conduct Board and the Court of Judicial Discipline to remove him or her.
The Senate also approved
House Bill 89, which would implement the increased retirement age in the event the constitutional amendment is approved by voters.
Representative Kate Harper
61st District
Pennsylvania House of Representatives
Media Contact: Rep. Harper’s Blue Bell Office
610.277.3230
KateHarper.net /
Facebook.com/RepKateHarper