Some argue that a person over 70 is too old to be a Judge. I know many experienced, talented lawyers who are very capable of being very good, hard-working judges. I am 77 and I am as capable as I was when I was 69.
I don’t know of any Hawaii state court judge who served beyond his or her physical and mental capacity. When a judge has diminished capacity, he or she voluntarily retires.
We have safeguards in place in the appointment, nomination and confirmation process. District Court judges have six-year terms; other judges and justices have 10-year terms. A new judge must be nominated by the Judicial Selection Commission, appointed by the chief justice/governor and confirmed by the state Senate. When a judge/justice applies for retention, the Judicial Selection Commission decides the question. In all cases, the applicant must answer the following questions:
» What is the condition of your health?
» State the name and address of your personal physician.
» State the name and address of the physician who conducted your most recent physical examination and the date of the examination.
» Do you have any physical, mental, or emotional condition that would restrict or limit you from performing your judicial duties or be likely to preclude you from serving a full term of office?
» If the answer to the previous question is yes, please explain.
» Do you ever consume alcohol or any drugs, including prescription drugs, in such a manner that would affect your performance as a judge?
» If the answer to the previous question is yes, please explain.
The age limit that was written into our Hawaii Constitution in 1959 is outdated. Hawaii’s people now live longer, more-productive lives than they did more than a half-century ago. There are no age limits at the federal level or the state level in the Executive, Legislative or Judiciary branches except for Hawaii’s 80 full-time judges and about 50 per diem state judges.
I was going strong at age 70. Had I not been required to retire at age 70, I would have completed my 10-year term, retired, and after retirement, I would have been willing to serve part-time as a per diem judge. The age-70 limit prevented me from finishing my term and from serving as a per diem judge after I retired.
Some argue that they don’t want judges to serve past 70 because they want "new blood." If that is the goal, the solution is to set term limits for appointments for judges. Very few Judges serve more than 21.5 years (when they max out on retirement benefits). The age-70 limit did not prevent me from being a judge for 31 years.
Fitness to serve should be the sole criteria for Hawaii’s judges. We should retain our best judges regardless of age. I urge voting "yes" on ballot question No. 3 to raise the retirement age of judges from 70 to 80.
