Although mandatory retirement for judges helps to inject new or fresh ideas, it can be considered as age discrimination. Arizona’s mandatory retirement for judges goes contrary to the current workplace practices. In other words, forceful retirement goes against the legal reforms meant to promote age quality. Arguments for age retirements for judges seem not to hold any water. There is no evidence to confirm beyond doubt that age affects the performance of judges. Moreover, younger judges are not “in touch” with the law more compared with the older ones (Blackham, 2020). Age is not an effective component to measure an individual mental capacity. Indeed, older judges can be as good as young ones or better. Hence, aging is a negative factor in determining judges who should sit on the bench. Mandatory judicial retirement can deny the courts the needed experience and expertise.
On the other hand, there is a sound argument that mandatory judicial retirement will open opportunities for younger judges who can inject fresh and new ideas. As judges retire, the courts will appoint younger ones to take up their positions. Hence, mandatory retirement will not only allow young judges with new ideas but also provides the opportunity for diverse candidates (Ash & MacLeod, 2017). The law keeps evolving and developing. Therefore, there is a need for younger judges who resonate with modern realities. In general, Younger judges will keep fresh knowledge and opinions active.
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However, while fresh ideas in the courts are necessary, we should not discriminate against the older judges based on age. Courts can realize intergenerational fairness by balancing the younger and older judges. Fairness is all about balancing and considering the advantages of younger and older judges. We can do away with judicial age retirement and bring formalized processes of assessing the declining capacity of judges (Blackham, 2020). Therefore Arizona needs to come up with formal systems of assessing judges’ performance before recommending retirement.
References
Blackham, A. (2020, June 15). The case for removing judges’ retirement age . Pursuit. https://pursuit.unimelb.edu.au/articles/the-case-for-removing-judges-retirement-age
Ash, E., & MacLeod, W. B. (2017). Aging, Retirement and High-Skill Work Performance: The Case of State Supreme Court Judges. Available at SSRN 2992828 .
