Is 70 the new 60?

• Author: White, John G., III
• Position: Mandatory retirement age for Florida judges - President's page

At his retirement ceremony, Florida Supreme Court Justice Charlie Wells good-naturedly joshed it was a "demonstration of great friendship" that so many showed up to watch him being "recycled" and "expelled from the monastery back into real life"--just because he was turning 70 on March 4.

Now Wells is putting his considerable legal skills to use as an appellate lawyer at GrayRobinson in Tallahassee and Orlando.

Preferring a quiet departure without fanfare, another great justice packed up and moved out of his chambers this year: Harry Lee Anstead, known as the father of the modern professionalism movement among judges, lawyers, and law deans in Florida.

Anstead turned 70 in December 2007, and since he was halfway into his term, he was allowed to stay until his official last day on January 5, 2009.

As I watched this amazing wealth of legal skills and good judgment honed by years of experience depart Florida's highest court, I couldn't help but think it is time to revisit the mandatory retirement age for Florida's judges and justices.

Both Wells and Anstead are blessed with great minds and good energy. Both were extremely capable justices forced off the bench--not because their minds were addled with senility, but simply because they'd celebrated their 70th birthdays.

The loss of able and experienced public servants in the judicial branch is repeated all over Florida in our appellate and trial courts.

"Constitutional senility" is the moniker for this provision added to the Florida Constitution in 1972, with the rationale it is easier to have a mandatory retirement age for judges than it is to remove truly senile judges.

But 1972 was back when the life expectancy was 67.1 years for men and 74.7 years for women.

These days, Americans are living longer. In 2005 (the latest figures available from the U.S. Department of Health and Human Services), the life expectancy for men is 75.2 and 80.4 for women.

You could say 70 is the new 60.

While I realize some Florida judges may seek appointment as senior judges, I do think the time has come to boost Florida's mandatory retirement age...