Can Ohio judges serve till age 76? Voters to decide

By Marc Kovac | July 2, 2011 at 12:00a.m.

COLUMBUS

Voters will decide in November whether to raise the cutoff age for Ohioans wanting to assume judicial seats.

Amended House Joint Resolution 1 would change the state constitution to raise the age limit at which a person could assume judicial office via election or appointment to 76 from 70.

“This section of Article IV was last amended in 1973 to adopt the age of 70 as being the mandated age of retirement for Ohio’s judges,” said Sen. Mark Wagoner, a Republican from Toledo.

“The quality of life and life expectancy has changed dramatically from 1973 to 2011, and raising the age limitations for judges is past due.”

The Ohio Senate and House agreed this week, with support from a majority of Democrats and Republicans, to place the resolution before voters.

Wagoner said the average life expectancy when the judicial age limitation was adopted by voters was 70. Today it is 79 years.

“Individuals are living longer and are still mentally, physically and intellectually capable of working beyond expectations or conventional expectations of 1973,” he said.

HJR 1 is the first issue to qualify for the November ballot. Voters may decide two other issues: a repeal of Senate Bill 5, the collective-bargaining law, and a constitutional amendment aimed at blocking federal health-care mandates from taking effect in the state.

SB5 opponents turned in nearly 1.3 million petition signatures this week as part of their drive to the ballot. The group behind the health amendment is expected to turn in its signatures to the secretary of state next week.