As we say goodbye, is 70 too young to retire judges?

Franklin County Common Pleas Court soon will lose a trio of respected judges due to Ohio’s mandatory retirement age.

The Ohio Constitution prohibits a person from beginning a judicial term after turning 70. The rule prevented Judges David Cain, Guy Reece and Charles Schneider from seeking re-election this year.

Because Ohio’s judicial terms are six years, some judges can serve until age 75. Cain and Reece are 75; Schneider is 70. Between them, they have 70 years of judicial experience: Cain, 32; Schneider, 22; and Reece, 16.

Each has earned favorable ratings from the Columbus Bar Association. Each has served the judiciary and community in a wide range of leadership roles. In addition, Reece and Schneider are military veterans.

The Dispatch salutes the contributions of all three and wishes each many years of good health to enjoy post-judiciary pursuits.

These retirements present a natural opportunity to re-examine the state’s three-score-and-ten rule, to borrow from the psalmist.

The rule itself is aging; it just hit the half-century mark. In November 1968, Ohio voters approved the Modern Courts Amendment, a product of years of study by academics, judges, lawyers and legislators.

The amendment granted the Ohio Supreme Court administrative, rulemaking and supervisory authority over all state courts. It reorganized local courts and provided for uniform record keeping.

And it made Ohio the 32nd state to adopt a mandatory retirement age for judges. Today, 31 states and the District of Columbia have such mandates. Ohio is one of 18 states to place the marker at 70. The average is 72. The outlier is Vermont, letting judges serve to 90.

The argument for mandatory retirement: It’s the most effective, diplomatic way to deal with inevitable physical and mental declines associated with age. The argument against: Life expectancies and effective working lives have expanded by the decade.

In 2018, in 159 races not involving vacant seats, 26 incumbents were barred from running due to their age.

Ohio’s retirement mandate has survived repeal attempts both in federal court and at the ballot box. In 1989, the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of Ohio’s law.

In November 2011, Ohio voters were asked to raise the retirement age to 76, which would have allowed some judges to stay until age 81. Ohioans thumped the proposal, 62 to 38 percent. The thrashing has kept the issue from resurfacing in any serious manner.

There are, of course, many outstanding judges over 70. A silver lining in Ohio’s law permits the chief justice to assign retired judges to hear cases on a part-time basis. Many retired judges accept the work.

To replace Cain, Franklin County voters elected Karen Phipps, who has been practicing law locally for 15 years. She has both civil and criminal law experience.

To replace Reece, voters chose Columbus City Councilwoman Jaiza Page, who previously worked as an assistant city attorney.

Replacing Schneider will be either Municipal Court Judge Dan Hawkins, head of its Environmental Division, or Carl Aveni, a litigator and partner at Carlile, Patchen & Murphy. That photo-finish race awaits official vote certification.

The Dispatch wishes the winners well and hopes they will serve with the same distinction as the judges they are succeeding.