In Ohio, How Old Is Too Old to Be a Judge?

People are getting older, and so is our judiciary. This Article examines various questions that accompany an aging judiciary: as jurists get older, can they still keep up with the job’s demands? How is the public’s confidence affected when they see increasingly older judges? Are there practical or constitutional considerations with an aging judiciary?

In response to these concerns, many states have imposed mandatory retirement ages. But is this the best way to handle these concerns? This Article begins with a brief discussion of the history of age limitations on the judiciary and some of the concerns that have accompanied this occasionally sensitive topic. Then, turning its focus to Ohio, this Article analyzes the results of a survey sent to Ohio lawyers.

Considering the history of this topic and the survey results by Ohio lawyers, this Article concludes with a modest Ohio-specific proposal that would allow judges to serve past the current Ohio constitutional age limit of seventy while more adequately addressing the public’s main concern with an aging judiciary—cognitive ability.