It seems that Mr. Morganelli may, indeed, favor removing the mandatory retirement provision but thinks it should happen through a constitutional amendment and not by court action. As a district attorney, former candidate for attorney general and maybe a candidate for political office again, Mr. Morganelli's views are worthy of respect and certainly those of us who are counsel for the judges will be very supportive of any constitutional amendment in this regard. However, our clients are not willing to wait for the uncertain political prospects of a constitutional amendment and the two to four-year wait that would ensue. They will all be retired before any such amendment, even if one were to take place, becomes law.
As Dauphin County Judge Lawrence F. Clark, Jr. – who is not a plaintiff in either action – said recently, "There are serious bedrock fundamental issues" as to whether not only federal law, but the Declaration of Rights that forms the basis of the state constitution, are being breached by the mandatory judicial retirement rule. Judge Clark said, "In our nation we do not permit generalizations to be the yardstick by which we measure the merits of any man or woman." Amen to that.
SOURCE Dechert LLP