Political half-thoughts
BlueNC blogger Betsy Muse is repelled from Jim Neal's Senate campaign toward support for Kay Hagan.
The notion that Hillary Clinton should have dropped out of the race weeks ago seems absurd now. She has an even chance or better to win in Indiana Tuesday and she's closed a lot of ground in North Carolina, latest polls say. No matter what happens, though, voters on the Democratic side here are casting meaningful ballots in the presidential nominating process. Can we all agree that's a good thing? Clinton's made it happen by refusing to give in, and working her butt off (Bill, too).
I'm still not settled in my own voting. Lieutenant governor is one contest where I'm far from decided. Maybe I'll take a pass on that one on the grounds that we don't need a lieutenant governor anyway. Let's rewrite the constitution to eliminate the position and say the Secretary of State becomes governor if a vacancy occurs.
John McCain turns 72 in August, and his age bothers some people. Voters can decide whether that's a consideration.
Voters don't have that option in North Carolina judicial races. This state imposes a mandatory retirement age of 72 for judges at every level. Even in the middle of an elected term, a judge must step down upon reaching his or her 72nd birthday.
What a crock. If you can serve as president of the United States at 72, you ought to be able to serve on the N.C. Supreme Court (which isn't overly stressful, from what I'm told). So, let's eliminate age discrimination from the judiciary.
Comments (5)
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I agree with your comments about the mandatory retirement age of 72 for state judges in North Carolina.
On the U. S. Supreme Court, three justices (Stevens, Ginsburg and Scalia) are 72-years-old or older. Justice Stevens is the oldest at 88 years.
In the U. S. Senate, out of 100 members, 20 are 72-years-old or older.
In North Carolina, a lawyer who is 80-years-old can run for District Attorney or Attorney General, but cannot run for judge.
Several years ago, Justice Louis P. Peck of the Vermont Supreme Court challenged Vermont's mandatory retirement age of 70. Unlike North Carolina, Vermont used an appointment process to select its judges.
The U. S. Equal Employment Opportunity Commission filed a lawsuit against the State of Vermont claiming that such a mandatory retirement age violated the federal Age Discrimination in Employment Act (ADEA).
The federal district court ruled that “Vermont's mandatory retirement provision, insofar as it is applicable to appointed judges, is prohibited by the ADEA” and permanently enjoined the State of Vermont from retiring Vermont Supreme Court Justice Peck.
The State of Vermont appealed the decision to the Second Circuit of the U. S. Court of Appeals. The Court of Appeals upheld the District Court’s ruling and stated “…Congress enacted the ADEA precisely in order to permit older employees to be evaluated on their merits rather than simply on the basis of age.”
Unfortunately, North Carolina is permitted to have such an arbitrary mandatory retirement age for judges because the ADEA does not include "elected officials."
If North Carolina changes its method of selection of judges to some type of appointment process, the mandatory retirement age for judges will most likely have to be eliminated.
Posted on May 2, 2008 7:07 PM
Thanks, Wendell. We shouldn't have to wait for that to happen.
This ridiculous restriction forced the retired of an excellent chief justice, I. Beverly Lake Jr., three years ago.
Posted on May 2, 2008 8:51 PM
you ought to be able to serve on the N.C. Supreme Court (which isn't overly stressful, from what I'm told). So, let's eliminate age discrimination from the judiciary*Doug
Heck Why don't we eliminate snoozing while on the bench and long naps from big lunches with other political hacks and most important, Required DWI drug tests after lunch.
This ridiculous restriction forced the retired of an excellent chief justice, I. Beverly Lake Jr., three years ago.* Doug
Ridiculous is right! Heck most voters in this state though she should stay, since she got elected with a women name.
Posted on May 2, 2008 9:35 PM
you ought to be able to serve on the N.C. Supreme Court (which isn't overly stressful, from what I'm told). So, let's eliminate age discrimination from the judiciary*Doug
Heck Why don't we eliminate snoozing while on the bench and long naps from big lunches with other political hacks and most important, Required DWI drug tests after lunch.
This ridiculous restriction forced the retired of an excellent chief justice, I. Beverly Lake Jr., three years ago.* Doug
Ridiculous is right! Heck most voters in this state thought she should stay, since she got elected with a women name.
Posted on May 2, 2008 9:36 PM
you ought to be able to serve on the N.C. Supreme Court (which isn't overly stressful, from what I'm told). So, let's eliminate age discrimination from the judiciary*Doug
Heck Why don't we eliminate snoozing while on the bench and long naps from big lunches with other political hacks and most important, Required DWI drug tests after lunch.
This ridiculous restriction forced the retired of an excellent chief justice, I. Beverly Lake Jr., three years ago.* Doug
Ridiculous is right! Heck most voters in this state thought she should stay, since she got elected with a women name.
Posted on May 2, 2008 9:36 PM